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 direction, more particularly one in the nature of writ of Mandamus, declaring the action of the respondent No.4 in not registering the FIR or conducting cogent investigating against unofficial respondent No. 7 in illegal trespassing into Petitioner's property as recorded under Pass Book No. 709030120449 Khata No.60038 all situated at Annaram Village and Gram Panchayat, Gummadidala Mandal, Sanga Reddy District as arbitrary, illegal, and violation of the fundamental rights of the petitioner, more particularly Article 19 (1Xg), Article 21 and Article 300-A of the constitution of lndia and consequently direct respondent No.4 to register FlR, investigate and file charge sheet as per the complaint dated 05.11.2024 fied by Petitioner company in accordance with law against Respondent No.7 and his associates inter alia restrain respondent No. 5 and 6 from interferrng with the peaceful possession and enjoyment of Petitioner's property. IA NO: 'l OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No.4 to register FlR, investigate and file. charge sheet as per the Complaint dated 05/1 112024 forthwith restrain Respondent No. 5 & 6 from interfering into the petitioner's property as recorded under Pass Book No. T09030120449, Khata No.60038.all situated at Annaram Village and Gram Panchayat, Gummadidala Mandal, Sanga Reddy District pending disposal of the above writ petition. Counsel for the Petitioner: SRI KUTURU RAVINDER REDDY PRATAP REDDY Counsel forthe Respondent Nos.1 TO 4: GP FOR HOME Counsel forthe Respondent No.5: cP FOR REVENUE Counsel for the Respondent No.6: SRI R.CHANDRA SHEKAR REDDy, SC FOR Counsel forthe Respondent No.7: -- The Court made th€, following: ORDER GRAM PANCHAYATH THE HON'BLE SRI JUSTICE T. VINOD KUMAR W,P.No. 31953 of 2024 I ORDER: The grievance of the petitioner in the present Writ Petition is that basing on the complaint made by ihe petitioner on O5.L1.2024, the respondents-authorities are not initiating action by registering the FIR against the unofficial respondent herein, which action of the respondents it is contended as highly illegal and arbitrary.

2. Heard learned Counsel for the petitioner, learned Government Pleader for Home appearing for the ofhcial respondent Nos. 1 to 4, learned Government Pleader for Revenue appearing for respondent No.5, and perused the record.

3. Though proof of service of notice taken out to unofficial respondent No.7 is not filed, however, having regard to the nature of lrs involved in the Writ Petition and the manner of disposal, this Court is of the view that matter can be proceeded with even in the absence of the 7tn respondent.

4. When the matter is taken up for hearing, learned Government Pleader Home appearing for respondent Nos' 1 to 4 submits that the respondents-authorities on receiving the complaint made by the petitioner, have made a GD entry and after I I ) ) I 2 causing preliminary enquiry, closed the said complaint noting the same as "civil in nature"; and that the petitioner was also informed of the action taken by sending communication through Petition Management System(PMS).

5. I have taken note of the respective submissions made.

6. Having regard to the submission made as above and since, it is now stated before this Court that a communication through PMS has already been sent to the petitioner informing as to the action taken on his complaint closing the same as "civil in nature", this Court is of thc view that the grievance of the petitioner in the present Writ Petition stands redressed. However, if the petitioner is aggrieved by the said action taken by the respondents- authorities, it is open for the petitioner to avail further remedies under Cr.P.C./BNSS.

7. Granting liberty as noted hereinabove, the present Writ Petition is disposed of. No order as to costs.

8. Consequently, miscellaneous petitions, if any, pending shall stand closed. SD/-P.PAD[IANABHA REDDY DEPUW REGISTRAR //TRUE COPY// SECTION OFFICER To Telangana.

1. The Principal Secretary, Home Department, Secretariat, Hyderabad, State of 2. The Director General of Police, Lakdikapoot, Hyderabad. 3. The Superintendent of Police, Sanga Reddy District. 4. The SHO, PS, Gummadidala, Sanga Reddy District. 5. The Tahsildar, Gummadidala Mandal, Sanga Reddy District. 6. The Panchayat Secretary, Gram Panchayat, Annaram Grampanchayat, Gummadidala Mandal, Sanga Reddy District. ..r-:----\d-{,-",-..i.!ryFlJ:E rrt t I . I altt- loPUCl

7. One CC to SRI KUTURU RAVTNDER REDDY pRATAp REDDY, Advocate 8. Two CCs to GP FOR HOME, High Court for the State of Telangana, at 9. One CC to SRI R.CHANDRA SHEKAR REDDY, SC FOR GRAM Hyderabad. [OUT]

10.Two CCs to GP FOR REVENUE, High Court for the State of Tetangana, at PANCHAYATH [OPUC] Hyderabad. [OUT] '1 1.Two CD Copies \ PSK. LS w I I I I HIGH COURT DATED:1610412025 I I ORDER WP.No.31953 of 2024 o,9 4( s j * I ::) li *< o \ ^s* o c! ( ( DISPOSING OF THE WRIT PETITION WITHOUT COSTS @ &q ltW