The High Court · 2025

THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRlT PETITION NO: 12 oF2 17 Between: V.Laxama Reddy, S/o.Buthci Reddy, n99!.gpou!.3^1 ygqrs+ Occ;Business' R/o ieiiaurrii v,rrage, Markuk mandal, M-edak (Siddipet) District, Telangana' .....PETITIONER AND 'l . The State of Telangana, Rep. by its Principal Secretary, Home Department' Secretariat, HYderabad. 2 The Commissioner of Police, Siddipet at Siddipet, Siddipet District' 3 The Station House Officer, Markuk Police Station at Markuk Village Siddipet Distrrct, Telangana. 4 Pola Buj;i, S/o.Pola Krishanmurtry, Aged 33.year,s,, Occ Agriculture' R/o.1- ti ul-,-iwipianagar, Gajwel mdnda-i, Siddipet (Medak) District .....RESPONDENTS Petitron Under Article 226 oI lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to tssue an appropriate Writ' Order, Direction more particularly one rn the nature of Mandamus declaring the inaction of the official respondent no 3 written complaint of the petitioner Dated-05-04-2017 to Register the criminal case against the un-Official Respondent for trespassing with high handedly in respect of Agricultural land which is the subject matter of O S NO 99 OF 2016 Before Hon,bleseniorciviljudgeSiddipet'inSy.no.556lAl2,|olalExtentofAc2-00 GuntassituatedatGangapurvillage,Markukmandal,Medak(Siddipet)Dlstrlct' Telanganastate.,asillegal,arbitrary,violativeofArticlesl4'21and300-Aofthe Constitution of lndia. I.A.NO:1 OF 2017 (WPMP.NO:'1610 6 0F 201 7l PetitionUnderSection,l5lCPCprayingthatintheci-rUmstancesstatedin the affidavit filed in support of the petition, the High cou 1 may be pleased to directtheRespondentno,3todo-notimplicatethewritpetiticlerinfalseS.C&S.T Cases in Respect of the above said land Dispute which is 1e subiect matter of o.S.No.ggoF2ol6BeforeHon.bleSeniorciviljudgeSiddi::t,andconsequently DirecttheRespondentno.3togranttheprotectionwhene,r)rthepetitionerAce fortheillegalforceoftheun.officialrespondent'pendingdisprsalthewritpetition. Counsel for the Petitioner : SRI VANKANI MALLESHAM Counsel for the Respondent Nos.1 to 3 : SRI R'LAXMIKAh HOME Counsel for the Respondent No.4 : SRI JITHENDER RAO'/ :ERAMALLA - REDDY' AGP FOR The Court made the following ORDER t t { + {t t, b ,I e +, ,,} {i 4 4 *, I THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.12964 OF 2017 ORDER: Ttris Writ Petition is filed under Article 226 of Constitution of India seeking the foilowing relief/s:- "...to issue an appropriate Writ, Order, Direction more patticularly one in the nature of Writ of Mandamus declaring the inaction of the Official respondent No.3 written complainr of the petitioner Dated-05-04-2017 to Regster the criminal case against the un-Official Respondent for trespassing with hrgh handedly in respect of Agriculnual land which is the subject matter of ().S.No.99 OF 2016 Before Hon'ble Seniot civil judge Siddipeq in Sy.no.556/A/2, total Extent of Ac. 2-00 Gunas situated at Gangapur vil.lage ,Markuk Mandal, Medak (Siddipet) Disricg Telangana state., as rllegal, arbiuarv, violative of Amcles 14, 21 and 300-A of the Constiruuon of India and to pass such other order or orilers..."

2. I have heard Nlr.Vankani Mallesham, learned counsel for the petitione r and N,fr.R.I-axmikanth Reddn learned Assistant Government Pleader [or I-Iome appearing for respondent Nos. 1to3

3. l,earned counsel for the petitioner submits that the petitioner has submitted representations before the Station House Officer and other competent authorities, seeking initiation of legal and criminal proceedings agaiost respondent No.4. However, despite 2 such representation, no action has been taken by r1 e authorities. It is further contended that, owing to rhe conrinuec rnaction on the part of respondent Nos.1 to 3, who are police offic als, the present writ petition has been filed for issuance of appropr u te orders.

4. On the other hand the learned Assistar I Government Pleader for Home subm.its that, in the absence of specific details and particulars in the representations, the co: rcerned police authorities found no basis to initiate action and, rh,: efore, no steps have been taken

5. I have perused the marerials on record 6 The case of the petrtioner is that the police a rrhorities have failed to take any acrion pursuanr to his c,r nplaint dated

05.04.2017. It is by norx., u-ell serded rhar rvhere r peririoner is aggrieved by the inaction of the police in registe-: rg a crime or acting upon a compiainr, the proper course ar.ailzrlr e is to invoke the statutory remedies specificalJy provided unclcr rhe Code of Criminal Procedure, 1973 (Cr.p.C.) / Bharaata \rgrik Suraksha J Sanhita, 2023 @NSS). Unless such alternative remedies are first exhausted, the invocation of the extraordinary iurisd.iction of this Court under Ardcle 226 of the Constitution of India is not maintainable, save in exceptional circumstances. 7 This Court, in Goaind Ralu Sami u. State ofTekngana,2019 SCC Online TS 3491, whiJe relying upon the dictum of the Hon'ble Supreme Court in Sakii Vasu u. State of U.p. and Others,AIR 200g SC 907, has categorically held that the exrraordinary remedy under Article 226 cantor be sought *'ithout frst availing the efficacious alternative remedies a'arlable under the cr.p.c./BNSS. This legal position has furrher been reaffirmed and forrified by a Thee_Judge Bench of the Hon'ble Supreme Court in M. Subramaniam u. S. Janaki,AIR 2020 SC 387. 8 In light o[ the settled legal position, and in the absence of any exceptional or extraordinary circumstances wafranting deviation, the relief sought by the pedrioner is not maintainable. However, while dismissing the writ petition, this Court makes it clear that the petitioner shall be at liberry to avail such remedies as may be r- r 4 available to him in law, if his cause of action sti I survives' There shall be no order as to costs. Miscellaneous Petitions, pending if any, shalJ A6 /ITRUE COPY// tand closed. -SD/.C. DEEPIKA S FTANT REGISTRAR I \_ _--- fsECTloN OFFICER To Two CCs to GP FOR HOME, High Court for the State ) Telangana at Hvderabad. [OUTI 3'^:1ti"" dil vAurnut MALLESHAM Agygg"i" 19l JCt one cc to SRI JlTHENDEriHbliEEiiAr"rnLrn' [6"' caie IoPUC] Two CD CoPies

1. 2 3 4 SA BS D. +, {. t. t i !ii f , I i ,a..' 1',-. -,/,- .' l,','.iil I \, ). a\, [l; Eflt ,l 'r .?i '/ HIGH COURT DATED:2910812025 * '*i # I f ORDER * WP.No.12964 ot 2017 f+ # .t+ .t t II DISMISSING THE W.P WITHOUT COSTS.