High Court · 2025

Petition under Article 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 directions more particularly a Writ in the nature of mandamus declaring the action of the official respondents, more particularly that of the respondent No.3 in not taking any further action against unofficial respondents i.e., respondents 4 to 6 except registering a case in Crime No.204 of 2024 dated 28.'12.2024 for the offences under Section 420, 425, 463, 464, 465, 468,471,474, 120-B R/w. Section 34 of lPC, 175 (3) of BNSS is <;hallenged in this writ petition as being arbitrary, illegal and violative of Articles 14, 19(1) (d), 21 and 300-4 of the Constitution of lndia and consequently direct the respondent No.3 to proceed with the investigation expeditiously and arrest the unofficial respondents after following due process of Law in respect of the land in Sy.No.134/E admeasuring Ac.2-05 Gts., situated at Dharmaram Village, Jagadevpur Mandal, Siddipet District. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circum:;tances stated in the affidavit filed in support of the Writ petition, the High Court may be pleased to direct the respondents 4 to 6 not to interfere with the possession of the petitioner in respect of the land in Sy.No.134/E admeasuring Ac.2-05 (;ts., situated at Dharmaram Village, Jagadevpur Mandal, Siddipet District. Counsel for the Petitioner: SRI BANDAMIDI SWAMY Counsel forthe Respondent Nos.1 to 3: GP FOR HOME Counsel for the Respondent Nos.4 to 6;--- The Court made the following: ORDER THE HON'BLE SRI JUSTICE T. VINOD KUMAR VI.P.No. 7695 of 2025 ORDER: Heard learned Counsel for the petitioner, the learned Government Pleader for Home appearing for respondent Nos. 1 to 3 and with the consent of the learned counsel appearing for the respective parties, the writ petition is taken up for hearing and disposal at admission stage.

2. Having regard to the natrre of lis involved in the Writ Petition and the manner of disposal, this Court is of the vieu, that notice to unofficial respondent Nos.4 to 6 is not necessary for adjudication of the present Writ Petition.

3. Shorn of unnecessary details, the case of the petitioner, in brief, is that though the respondents-authorities have registered a case in Cr.Nc.2O4 /2024 on 28.12.2024, on being referred to the respondents-authorities pursuant to a private complaint made by the petitioner before the concerned Court, no further action is taken thereon and even the petitioner's statement is not recorded till date. Thus, it is contended that there is inaction on the part of the respondents-authorities in investigating into the above crime registered, which it is contended as il1egal, arbitrary and violative of Articles 14, 19,21 ar-d 3OOA of the Constitution of India and \ !,. 2 sought for a consequential relief of directing respondents- authorities to investigate into the aforementioned crime in an expeditious manner and arrest the unoffrcial respondents, by following due process of law.

4. Per contra, learned Government Pleader for Home appearing for the official respondents by placing written instructions, dt.l2.O3 -2025, under the signature of the concerned Station House Officer, would contend that the petitioner herein had filed a private complaint under Section 200 of Cr.P.C., before the Principal Junior Civil Judge-cum JFCM, Gajwel, Siddipet, against respondents No.4 to 6 herein in respect of land in survey No. 134/E admeasuring Acres 2.O5 gts., situated at Dharmaram Vi1lage, Jagadevpur Manda [, Siddipet Districl .

5. By thc rvritten instructions it is further stated that upon the aforesaid prlvate complaint fi1ed by the petitioner being referred to the respondents-authorities, the-authorities having registered a case in Crime No.204 ol 2024 ot 28.12.2024. for the offence punishable under Sections 42O, 425, 463, 464, 468, 471, 474, l2OB r/w Section 34 of IPC and Section 175(3) of BNSS against respondent Nos.4 to 6 herein, by arraying them as ar:cused Nos. 1 to 3 in the aforesaid crime. . , l t I I I I i I I I t I 3

6. it is further stated by the written instructions that during the course of investigation, the authorities have examined and recorded the statements of (O3) witnesses and also made a request to the concerned revenue authorities to furnish documents in reiation to the subject land, and their report ii awaited; and that after examination of some more witnesses and collection of relevant documents from the concerned revenue authorities, the authorities will finalize the investigation and necessary action will be taken in the matter against respondent Nos.4 to 6, by submitting a report before the concerned Court. 7 . I have taken note of the respective submissions made.

8. Having regard to the submissions made as above and taking note of the fact that the authorities having already started investigation in to the crime registered by examining (03) witnesses and also by sending a requisition to the concerned revenue authorities to furnish relevant documents in relation to the land in suwey No. 134/E admeasuring Acres 2.O5 gts., situated at Dharmaram Village, Jagadevpur Mandal, Siddipet District, this Court is of the view that the respondents-authorities are to be directed to complete the investigation and submit a report before the concerned Court in an expeditious manner by informing to the petitioner periodically as prescribed under BNSS. 4

9. Subject to the above observation and direction, the Writ Petition is disposed of. No order as to costs.

10. Consequently, miscellaneous petitions, if any, pending shall sta nd closed. \ ,TRUE COPY// ASSI SD/. L. VIJAYA LAXMI ,ANT REGISTRAR fi\L_ \J 3tcrou oFFrcER l To, '1 - The Principal Secretary Home Department Secretariat' The State of Telangand, HYderabad'

2. The Superintendent of Police, Siddipet District At Siddipet' 3. The Station House Officer' PS, Jagadevpur Village and Mandal Siddipet District.

4. One CC to Sri Bandamidi Swamy, Advocate [OPUC] 5. Two CCs to GP for Home, High Court for the State of Telangana, at HYderabad [OUT]

6. Two CD CoPies {A- Ir' I t I I HIGH COURT DATED:1310312025 ORDER WP.No.7695 of 2025 /. i J 11 ilPB 20[ z C) a\ t b 6sp f{T a DISPOSING OF THE WRIT PETITION WITH OU T COSTS (* a5 3 ,) a I