✦ High Court of India · 24 Feb 2025

The High Court · 2025

Case Details High Court of India · 24 Feb 2025
Court
High Court of India
Decided
24 Feb 2025
Length
1,028 words

Acts & Sections

Petition under Articre 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of 3rd Respondent in not registering the FIR pursuant to the complaint dated OS.Og.2024, 26.10.2024 08.11 2024, a : of Ac 2.37 gts in Sy. No. 221. Ac. 2.01) lts in Sy. No. 241, : I Kolukonda Vrllage, Devaruppala lrlanrjal, ,tangaon District ;:; as illegal, arbitrary, unjust, unreasonable, contrar! to law ..nd consequently direct the 3rd Resporroen: to register the ;r:ondent no's.4 to 7 and his associat€)s rn the interest of 29 .01 .2024 in rer;p e situated at s itL at-^.1 made by Petitior e r and unconstitutic r a FIR against the F e justice. lA NO: 1 OF 202! F F L Er F Petition unl:r iection 15'1 cpc praying that in the circurnslances stated in the affidavit filed in :, -rpport of the petition, the High court n ay be pleased to direct 3rd Resoor c e l to register the crime against the Respon,ierrts no. 4 to 7 in respect ot Ac. 2 ] ' I s in Sy No 221 , Ac. 2.00 gts in Sy Nc I:41. situated at situated at KolLrkcn lr village, Devaruppala Mandal, Janga,cn t)istr'ct pend ng disposal of the rrzril rit petltion. Counsel for the Peti ioner : SRt KAVADI NARESH Counsel for the Res r,:ndents No.1to3 : SRI M.SRINIVAS, AGp FC)R HOME Counsel for the Resl ,ondents No.4to7 : -- The Court made the ollowing: ORDER I .."4' HONOURABLE SRIJUSTICE B. VIJAYSEN REDDY WRIT PETITION No.5439 OF 2025 ORDER: (ORAL) This writ petition is filed by the petitioner seeking to declare the action of respondent No-3 - Station House Officer, Devaruppala Police Station, in not registering the First lnformation Report pursuant to his complaints dated 5.09.2024 26.10.2024, 08.11.2024 and 29.O1 .2025 made against respondent Nos.4 to 7 in respect of the land admeasuring Acs.2-37 guntas in Survey No.221 and Acs.2-00 guntas in Survey No.241 situated-at Kolukonda Village, Devaruppala Mandal, Jangaon District, as arbitrary, unreasonable and unconstitutional

2. Heard Mr. Kavadi Naresh, learned counsel for the petitioner, and Mr. M. Srinivas, learned Assistant Government Pleader for Home, and perused the material available on record.

3. Learned Assistant Government Pleader for Home placed on record the written instructions and submitted that on complaints of the petitioner lodged with respondent No.3, General Diary entry was made. ln the complaints, the petitioner stated that he is the owner of the land admeasuring Acs.'l-17 guntas in Survey No.221lC and Acs.2-00 guntas in Survey No.241lD situated at Kolukonda Village, Devaruppala Mandal, Jangaon District: respondent No.4 instituted a suit in \t \r \ , I 7 <-''.. 2 - O.S.No.419 cf :2 )ll4 before the Principal Junior Civil Judge :rt Jangaon, against him irrrc ex parle injunction order was passed n her favour; and that respcn l.:,nt No.4 along with respondent Nos.S tc ,r' interfered and encroacf €rd 'rto his land and damaged the crops. lt is stated that during enqr"riry. espondent No.3 visited the lahd and it was revealed that with regard tr:r the said land, there is a civil suit in O.S.No.419 of 2024 and interriir injunction was passed in favour of resp,or dent No.4, thus, the cornol rrnts of the petitioner have been closed as 'civil in nature' and th,: retitioner was suggested to approach the competent Court for redresl z,rl. A copy of the written instructions atonrl v,'ith closure report is serve<1 , r the learned counsel for the petitioner.

4. ln view ,rf tlre above, no further orders are required to be passed and the writ rr tition is accordingly disposed of. The pr,ditioner is granted liberty t r avail legal remedies as are available un der law, if aggrieved by .l',e r:losure report. No order as to costs. As a seque hereto, miscellaneous applications, if ar,y, pending in the writ petition s .iand closed. To, //TRUE COPY// SD/- V. KAVITHA 'p EPU Y REGISTRAR S E(::TION OFFICER a '1 . The State )l I .'langana, rep. by its Principal SecreYary, Horne Department, Secreta rial , ll , ierabad.

2. The Comn i:;s c,tter of Police, Warangal Police Commissir:rerate Hyderabad, Telangana

3. The Statiorr l-{ I -se Officer, Devaruppala Police Station, Devarauppala. A Qne CC to {iF t KAVADT NAREq! 1, Aq vocate. [OPUCI E b Two CCs to Gp FOR HOME, High Court for thp.State of Tetangana. [OUT] Two CD Copies. BSK SS 8r4q. F _l F E , I F \ \ 4 ,'/: -, 'tl e Sl ' r) t 'l tirr 2gy5 s\ t' ''. i { r,-,,_ra - | '-: -:--- _ - t. I I HIGH COURT DATED:241A2'2025 t' ,,A ii,: \ -':. \y \i ORDER WP.No.5439 o i 2025 DISPOSING O I: THE WRIT PETITION WITHOUT COII;TS i'^f., )-ilq\r{

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