The High Court · 2025

Petition under Article 226 oI the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an appropriate writ, order, Direction more particulady one in the nature of Writ of Mandamus declaring the inaction of the Official respondent no.3 to 7 on petitioner Representation Dated.l 1 -06-201 B to take proper action on the land dispute in respect of Agricultural lands in sy.no.556/Ai2, total Extent of Ac.2- 00 Guntas situated at Gangapur village, Markuk mandal, Medak (Siddipet) District, Telangana state, after registration of 5 FIRS Agonist the so many parsons including the un-official Respondent and which is the subject matter of o.s.No.99 of 2016 before Hon'ble Senior civil Judge court siddipet herein., as illegal, atbittary, volatile of Article '14, 21 and 300-A of the Cons.i ution of lndia and contrary to law. lA NO: 1 OF 20'18 Petition under Section 151 CPC praying that in the cirr:r mstances stated in the affidavit filed in support of the petition, the High Court ma) re pleased to direct the respondents to implement the Procedure contemplated in { ec.1 45 of Cr.P.C in respect of Agricultural lands in Sy.no.556/A/2, total Extent f Ac. 2-00 Guntas situated at Gangapur village, Markuk mandal, Medak (Siddipet District, Telangana state, which is the subject matter of O.S.No.99 of 2016 befor: Hon'ble Senior civit Judge court Siddipet herein. Counsel for the Petitioner: SRI VANKANI MALLESHAM (NC- PRESENT) Counsel for the Respondent Nos.1,3,5 & 6: SRI H.RAKESH l UMAR, AGP FOR Counsel for the Respondent Nos.2,4 & 7: SRI D.PRADEEP, / GP FOR HOME Counsel for the Respondent No.8: - The Court made the following: ORDER REVENUE THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No. 2Oa7L OF 2018 ORDER: This Writ Petition is filed with the following relief: "...to issue an appropriate Writ, Order, Direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the Offtcial respondent no.3 to 7 on lily Representation Dated. ll- 06-20LA to take proper action on the land dispute in respect of Agricultural lands in Sy.no.556lA12, total Extent ofAc. 2-O0 Guntas situated at Gangapur village , Markuk mandal, Medak (Siddipet) District, Telangana state, after registration of 5 FIRS Agonist the so many p.rrsons including tJle un-oflicial Respondent and which is the subject matter of O.S.No.99 of 2O 16 before Honorable Senior civil Judge court Siddipet herein., as illegal, arbitrar5r, volatile of Article 14, 21 and 3OO-A of the Constitution of India and contrar5u to law and to pass... "

2. None appeared for the petitioner.

3. Heard Mr.H.Rakesh Kumar, learned Assistant Government Pleader for Revenue appearing for respondent Nos. 1, 3, 5 and 6 and Mr.D.Pradeep, learned Assistant Government Pleader for Home appearing ior respondent Nos.2, 4 and7.

4. The learned Assistant Government Pleader for Home submits that upon receipt of the petitioner's representation, the respondent-police authorities \ 2 exarnined its contents and found that the i;sues raised were purely civil in nature, relating to the d'rpute in O.S. No. 99 of 2016 on the file of the learnec Senior Civil Judge, Medak. Consequently, the petitioner was advised through a notice to pursue appropriate re: Ledies before the Civil Court. Since neither any cognizab.t offence was disclosed nor any criminal action was warrr nted, no FIR was registered. On this basis, the leant :d Assistant Government Pleader prays for dismissal of the writ petrtron.

5. I have perused the material available or. record.

6. The petitioner contends that the res:cndent-police authorities failed to act upon his represr: rtation dated

11.06.2018. However, from the explanatior tendered by the learned Assistant Government Pleader I rr Home, it is evident that the respondents did consider _ re petitioner,s representation and took a conscious dt:,:ision not to register a crime in view of the dispute being , ivil in nature. \ /' J Hence, the allegation that the police did not consider the representation is factually incorrect.

7. If the petitioner is aggrieved by the non-registration of a crime, the proper course available to him is to approach the higher police authorities or the jurisdictional Magistrate, as contemplated under the Code of Criminal Procedure, 1973 ("CrPC") or the corresponding provisions of the Blnratiga Nagaik Suraksha Sanhita, 2023 ("BNSS").

8. The legal position governing such situations is well settled. In Sakin Vasu u. State of U.P. & Others, (2008) AIR SC 907, the Hon'ble Supreme Court held unequivoca,lly that when the grievance pertains to the refusal or failure of the police to register an FIR, a writ petition under Article 226 of the Constitution is ordinarily not maintainable. The Court observed that the CrPC provides a complete and efficacious mechanism for redressal of such grievances. 4 \ \

9. This principle has been consistently r:afhrmed in subsequent decisions. ln M. Subra-maniam t. S. Janaki & Others, (2O2Ol AIR SC 387, a three-Judge I iench of the Hon'ble Supreme Court reiterated that an all;rieved party must first exhaust the statutory remedies pt', rvided under the CrPC, such as seeking directions under fi:ction 156(3) CrPC or filing a private complaint under Secl itn 2O0 CrpC before invoking the extraordinary jurisdiction rnder Article

10. In light of these settled legal principles, r ld since the petitioner has not availed the statutory rem(.(:ies available under the CrPC, the present writ peli_ion is not maintainable. Nevertheless, the petitioner ir; at libert5r to pursue appropriate remedies available undr I law, should the cause of action continue to subsist. 1 1. With this direction, this petition is dis t ,issed as not maintainable. There shall be no order as to c I sts. / ,// 5 Miscellaneous Petitions, pending if any, shall stand closed. SD/- M. OSMAN ALI BAIG ASSISTANT REGIST //TRUE COPY// ECTION OFFICER To PSK.

1. One CC to SRI VANKANI MALLESHAM, Advocate I 2. Two CCs to GP FOR REVENUE, High Court for the State of Telangana, at

3. Two CCs to GP FOR HOME, High Court for the State of Telangana, at Hyderabad. [OUT] Hyderabad. [OUT]

4. Two CD Copies I HIGH COURT DATED:1111112025 ORDER WP.No.20871 ot 2018 /\l rl ThE S \. o(J ll l ! .,{'17( z ) .'; ; i-sp.1 ' :\: T * DISMISSING THE WRIT PETITION AS NOT MAINTAINABLE WITHOUT CC);TS & &8