✦ High Court of India · 18 Feb 2025

High Court · 2025

Case Details High Court of India · 18 Feb 2025
Court
High Court of India
Decided
18 Feb 2025
Bench
Not available
Length
1,228 words

Kurumurthy Village, Chinna Chintakunta'Mandal, Mahabubnagar district, T.S. Pasaripalli Anji, S/o D.Srinu, Aged about 45 years, Occ. Tractor Driver, Rl/o Kurumurthy Village, Chinna Chintakunta Mandal, Mahabubnagar District, T.S. '19. .....RESPONDENTS 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 writ order or Direction more particularly one in the nature of writ of Mandamus declaring the inaction, highhandedness and illegal action of Respondent Nos.1 to 7 more particularly Respondent No.7 in not initiating any action nor registering an FIR vide petition lD MBNR/CHIN_MBBNR/ 280924100157 dated 28-09-2o24 1800 hrs and complaint dated 19-12-2024 against the un-official Respondent Nos.8 to 'l g, who have illegally encroached and trying to grab agriculture lands of petitioner, in two different sy.Nos.57 and 58, situated at Kurumurthy village, chinna chinthakunta Mandal, Mahabubnagar District thereby causing interference with un-social elements and threatened with dire consequences, as illegal unconstitutional, without following due process of law and follow guidelines as laid down under Hon'ble supreme court Guidelines in a constitution Bench of the Supreme court in Lalita Kumari versus. Govt. of U.P apart from being viorative of Articre 1a, 19(1)(a), (d) and (g), Articre 21 of the constitution of lndia, and violative of principles of natural justice, thereby consequently to direct the Respondent No.7 to forthwith register an FIR under Land Grabbing Act, and conduct enquiry and investigation and file Final Report or Charge Sheet without further delay against un-official Respondent Nos.B to 1g in accordance with law. |.A.NO:1 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. Respondeni No.7 to forthwith register an FIR in respect of petition lD MBNR/CHIN_MBBNR/280924/001 57 dated 28-09-2024 1 800 hrs and Comptaint daled 19-'12-2024 lodged by the Petitioner in accordance with law; Pending disposal of the above writ petition. |.A.NO:1 OF 2025 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 7th respondent to handover the complaint along with material dated 28.09.2024 to the 5th respondent and the 5th respondent to conduct the investigation and punish the unofficial respondents as per law and do justice to the petitioner, in the interest of justice. Counsel for the Petitioner : SRI BOLLU NAGARAJU Counsel for the Respondent Nos.1 to 7 : SRI M.SRINMS, AGP FOR HOME Counsel for the Respondent Nos.8 to 19 : - The Court made the following ORDER **7 l i I I THE HONOURABLE SRI JUSTICE B. \,IJAYSEN REDDY WRIT PETITION No.3627l oF 2024 ORDER: (ORAL) This writ petition is filed by the petitioner seeking to declare the action of respondent No.7 - the Station House Officer' Chinna Chintha Kunta Police Station, in not registering the First Information Report (FIR) on his complaint dated 19'12'2024, as being illegal and arbitrary.

2. Heard Mr. Bollu Nagaraju, leamed counsel for the petitioner and Mr. M. Srinivas, leamed Assistant Government Pleader for Home. j. Learned Assistant Govemment Pleader for Home' having received written instructions dated 3l '12'2024 from the Sub-Inspector of Police, Chinna Chintha Kunta Police Station' submitted that on receipt of the complaint of the petitioner by registered post on 28.12.2024, respondent No'7 made an entry in General Diary (G.D.) and caused enquiry into the matter' During the course of enquiry, it was revealed that there are disputes with regard to land fbr the past twenty (20) years between the petitioner ( I 2 and unofficial respondents and both the parties have filed civil cases in Gadwal and Atmakur Courts. Hence, the parties were advised to resolve their disputes before the competent Court and the complaint sent by the petitioner was closed as 'Civil in Nature' on 30-12'2024'

4. A copy of written instructions along with closure report is serued on learned counsel for the petitioner-

5. [n view of the aforesaid submissions of the leamed Assistant Govemment Pleader for Home, no further orders are required to i passed in this writ petition. Accordingly, the writ petition is disposed of, granting liberty to the petitioner to avail appropriate legal remedies, if aggrieved by the closure report. There shall be no order as to costs. Asa sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed //TRUE COPY// SD/- MOHO. ISiJIAIL ASSISTANT REGdfRAR SECTION OFFICER o l.ThePrincipalsecretary,HomeDepartment,SecretariatBuilding,Stateof Telangana at Hyderabad T.S.

2. The D'irector General of Police, Lakdikapool, Hyderabad. Pin Code. 500004. 3. The Commissioner of Police, Mahabubnagar, lr/lahabubnagar Districl 4. The Superintendent of Police (SP), Mahabubnagar, Mahabubnagar Districi' l ---7

5. The Deputy Superintendent of Police (DSP), Mahabubnagar, Mahabubnagar District.

6. The Circle lnspector of Police, Boothpur Circle. 7. The Station House Officer (SHO), China Chinkthakunta Police Station, \ Mahabubnagar District.

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

9. One CC to SRI BOLLU NAGARAJU, Advocate [OPUC] 10.Two CD Copies SA o- ) I I l'lE SIa i4: o t i o o 25 i Y* \ D,:,. HIGH COURT DATE D: 1 810212025 ORDER WP.No.36271 ot 2024 DISPOSING OF THE W.P WITHOUT COSTS.

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