High Court · 2025

PetitionunderArticle226oftheConstitutionoflndiaprayingthatinthe circumstances stated in the affidavit filed therewith' the High Court may be pleased to issue an appropriate Writ' Order' or Direction ' more particular one in the nature of Writ of Mandamus declaring the action of the Respondents 3 to 5 in not registering the FIR and investigating the Complaint dated 03'08'2023 regardingthe offences committed by Respondent 6 and 7 in respect of Plot No 86 / 6 € in Sy.No 238, puppalaguda Village, as illegal, arbitrary, mata fide, and unconstitutiona I and consequently direct the Respondent No.5 to register an FIR and investigate into the matter in accordance with law IA NO: 1 oF 2025 petition under Section I 5 i CpC praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct a preriminary investigation to the compraint of the petitioner dated 03_0g_2023 pending the main writ petition and submit the said report before this court. Counset for the petitioner: :lt q.!.PIIASAD, Sr. COUNSEL, REp. FOR M/s A.SATyASIRt Counsel for the Respondent No.i to 5: Gp FOR HOIVIE The Court made the following: ORDER /a''l / HONOURABLE SRI WSTICE N'V'SHRAVAN KUMAR 1I/RIT PETITION No. 24334 OF 2025 ORDER: The petitioner is aggrieved by the action of respondent Nos.3 to 5 in not registering the FIR and investigating the complarnt dated O3'08 '2023 regarding the offences committed by resPondent Nos'6 and 7 in respect of Plot No'86 in Sy.No.23B, Puppalaguda Village +ttd t consequential prayer ls sought to direct respondent No'5 to register FIR and investigate into the matter '

2. The facts of the case in brief are that petitioner claims tobeabsoluteownerofplotNo.B6admeasuring2T6sq.yds.,in Sy.No.238 of PuPPalaguda Village (subject ProPertY) uide dated 24.06.2013' The registered sale deed No'4541/2013 petitioner constructed fencing wall around her property a-I1d she was in peaceful possession of the subject property from the year 2Ol3onwards.Itissubmittedthatpetitionerispermanent resident of Rajhamundry and when she visited Hyderabad' it is seen that some persons were making construction on her land' On enquiry, it is noticed that respondent Nos'6 and 7 are making illegal constructions over the subject property claiming i i I I l 4," l l 1 ,:,. :'t ; to be GpA holders. ft i" fr.tfr.. "lbmitted that respondent Nos.6 a....d Z have trespassed into the subject larrd by demolishing the compound wall of the petitioner and encroached the subject iand. The petitioner lodged a detailed complaint on 03.0g.2023 before respondent No.5/police and also sent the same to respondent No.3 through RpAD seeking prompt action arrd also another complaint was given in the month of October, 2023. The petitioner submits that despite being senior citizen and having approached police station several times, no action has been taken against the encroachers. euestioning the same, the present writ petition is filed

3. The Sub_Inspector of police, Narsingi potice Station has d a copy of instructions through learned Assistalt rnment Pieader for Home stating that basing on the PIaint of the petitioner, the Police have made petition Entry $ durinS the course of enqurry, the police visited the subject erty and revealed that there is a civil dispute between the petitioner and the third parties. It is suggested by the police to the petidoner that she may approach competent Civil Court for redressal of her grievalce and closed the complaint on 03.08.2025 as the same was civil in nature. Learned Assistant 3 Government Pleader draws attention of this Court to screenshot of Petition Entry System generated from tee-cops'tspolice'gov'in wherein the petitioner's case was shown as disposed as civil in nature and closed. Learned Assistant Government Pleader submits that once the details of the case are uploaded' in the website, the petitioner will have access to the said website and can obtain information with regard to complaint from the said website.

4. Per contra, Mr' M'S'Prasad, learned Senior Counsel submitsthatearlierpetitionerhasmadecomplainton o3.o8.2o23anda]somadearemindercomplaintono6.Lo.2o23 stating that some third parties are trying to grab the subject property in the guise of false and sham documents and requested for stringent action against the land grabbers' Learned senior counsel further submitted that in the complaint all the facts have been narrated elaborately and respondent authorities, without putting the petitioner on notice' have summarily closed the complaint by stating that the same is civil in nature. It is further submitted that respondent authorities have not followed the guidelines issued by the Hon'lcle Supreme i I .' Court in the case Pradpsht. i:4ii of Lalitq Kumq.ri o. State of (Ittar

5. Heard learned counsel on either side and perused the record. 6 With the consent of learned counsel on either side, this writ petition 1S disposed of with ditection to respondent authorities to re_examine the complaint of the petitioner dated O3.O8.2O23 and reminder complaint dated 06.10.2023 by putting the petitioner and unofficial respondent Nos.6 ald 7 on notice and if there is any element of crime, take action strictly in accordance to law as expeditiously as possible.

7. Accordingly, the writ petition is disposed of. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. No costs. (2014) 2 SCC 1 SD/. U.SUDHA ISTANT REGISTRAR S To, //TRUE COPY// SECTION OFFICER 1 The Principal Secretary, Khairatabad, Hyderabad. State of Telangfin;. - -' The Commissioner of police,.Cyb^erabad Commissionera te, p121, OId Mumbai Highway, Next to Care Hospitat, Gachibowti, UVOeiiOia, iefangina.- . Holl" . Department, Telangana Secretariat, 2 Aa-t tl4 i I J.

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7. The Deputv Commissioner of Police' Rajendranagar Zone' Cyberabad Comm-iiiio,ierate, Ranga Reddy District' The Assistant Commissioner of Police, Rajendranagar Division' Cyberabad Commissionerate, Ranga Reddy District' The station House officer, Narsingi Police station, Rajendranagar Zone' Ranga ReddY District, Telangana' One CC to SRI A.SATYASIRI, Advocate [OPUC] Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad [OUT] t, Two CD CoPies BSR PSK HIGH COURT DATE D: 1 910812025 CC TODAY ORDER H1 crIA) o O Z I AUB 2$6 WP.No.24338 of 2025 t t l

7.z C) * DISPOSING OF THE WRIT PETITION, WITHOUT COSTS \r 7)