1. Beerelli Yellaiah v. 1. The State of Telangana

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 an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus, directing the respondents 1 to 4 to take action on our complaint dated 03-1 1-2017, submitted to the 2nd respondent (copies marked to R2 to 4) against the Sth respondent and protest us and the lands being cultivated by us in an extent of Ac.12- 11 guntas in sy.No,35, Ac.06-24 guntas in Sy.No.38 and Ac.O1-05 guntas in Sy.No.34, making tot:r extent is Ac.20-00 guntas, comprising one compact block situated at - txmidevpet Village, Venkatapur tr.4andal of Jaya Shankar Bhupalapally (Warang i lr District with in the following boundaries. Easti Land in Sy.No.78 & 475, Wesr [-and in Sy-No 36 & 37, North. Sy No.39 & 40 and South: Sy.No.30 & 31. l.A. NO: 1OF 2017 WPMP. NO: 50656 OF 2017 Petition under Section 151 CPC praying that in the : r )umstances stated in the affidavit filed in support of the petition, the High Cct r may be pleased to direct the respondents 1 to 4 to protect us from the harassrr )nt of 5th respondent in our agricultural activities in the and being cultivated by Lrs n an extent of Ac.12' 11 in Sy.No 35, Ac.06-24 guntas in Sy.No.38 and Ac.01-C{ guntas in Sy.No.34, making, total extent rs Ac.20-OO guntas, comprising one c()rr'lact block situated at LaxmicJevput Villaqe. Venkatapur lt/andal of Jaya Sl ri:nkar Bhupalapally (Warangal) District wrth in following boundaries, East. Larr in Sy.No.78 & 475, West: Land in Sy.No.36 & 37, No(h: Sy.No.39 & 40 and i ruth. Sy.No.3O & 31, pending disposal of the above writ peiition. Counsel for the Petitioner: SRI ABDUL AZAM KHAN REP t OR SUJATHA KURAPATI, 4P!Q(:, tTE Counsel for the Respondent No.1 to 4: SRI SRINIVAS AG: FOR HOME Counsel for the Respondent No.5: - - - - The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No. 40798 0F 20L7 ORDER: This Writ Petition is hlcd under Article 226 of Constitution of India seeking the following relief: o. ..to Bsue an appropiate Wnt, Order or directton more oarticulorltt one in the nalur? of Wnl of Mon'darnus' dir"cltng the 1to 4 to take action on our complainr rloted ;;;;;;";,. oill rZolZ, submitted to the 2n(1 respotrlent (copies ntarke'd to nZTo +1 against the 5'h resPondenL ancl protest us anrT the lands 'iJr"g Liitiir.a bg us iit.an e'1ent of Ac 12 17 quntos it Ac'01 O5 9]1111t^j'l Sy ruo.:S, Ac 06 24 guntos itl Sg No 38- S"g Uo S+, naking total e-r1ent is Ac.20 OO quntos' corry)ns.tng one "i-oact block littated at Laxnicleupe-t villaqe' Vertkatapur shankar Btutpatapattv (wamnq1t) Distnct rtithin M"tr;;i "i i;i ti ioUoii"g'boundaries, Eait Land in Su No 78 and 475' West 'i",ii i"*iilvi.s6 and 37, North sa No sg and 4o and south Sg. No.3O and 31 . ." -onrl

2. Heard Mr. Abdul Azarrr Khan, learned counsel for the petitioners and Mr. M.Srinivas, learned Assistant Government Plcader for Home appearing for respondent Nos' 1 to 4' Irarned counsel for lhe petitioners submits that as the 3. respondent Nos. 1 to 4 fa.iled to take appropriate action on the representation dated O3.ll '2017 ' the present writ petition has been hled seeking necessary directions from this Court' \r i' - 2

4. Learned Assistant Government Pleader, ', ppeanng on behalf of thc rcspondents, submits that the co r :erned police authority, upon due consideration of the co: -cnts of the representation and in view of the pendency of ciri ;uits betrveen the parties, treated the matter as civil in naturo . nd closed the complainl. He further submits that the petitioners ;ught to have availed the rcmedies available under law, rnd u,ithout exhausting thc alternative remedies provided unct r the Corle oI Criminal Procedure, 1973 (Cr.P.C.), invocatiorr of the r.r.rtt jurisdiction of this Court under Article 226 of tLLe - lnstitutioll ol India is not maintainable, as per the settled legal 1,r sition.

5. I hzrve pcrused the material available on recor I

6. Having regard to the prayer made and tlr r explanation offered by the respondent-police authorities, it is e r .dent that the police have acted upon the complaint/ repre ; :r-rtation and exercised their discretion in treating the matl ( ' as civil in nature. However, if the petitioners are aggrieved tl such action, as rightly contended by the learned Assistan t Government Pleader, they are required to avail themselves of tt e appropriate remedies available under the Crimina,l Procedure (i cle. 3 7 . The Honlele Supreme Court, in Sakiri Vosu u' State of Uttar Pradesh [(2008) 2 SCC 4O9]' has categorically held that where effective a-lternative remedies are available under the Cr' P'C' ' a writ petition seeking directions for registration of a cnme is not maintainable In view of the settled legal position and in the absencc of B. any exceptional circumstances warranting intcrference' this u'rit petition is held to be not maintainable' However' the petitioners are at libertv to avail appropriate remedies available under lau" if the cause of action slill survives' Accorclingly, this Writ Petition is disposed of There shall be 9 no order as to costs. Miscellaneous Petitions, pending if any' shali stand closed SD/. A.SREENIVASA REDD SSISTANT REGIS i/TRUE COPY// SECTION OFFICER To, I ThePrincipalsecretary,HomeDepartment,secretariatBuildings'Hyderabad State of Telangana. The Deputy Superintendent of Police, lt/lulugu, lvlulugu [r'4andal' Jaya Shankar Bhupalapally District. The Circle lnspector, Mulugu, tVlulugu tr4andal, Jaya Shankar Bhupalapally District. The Station House officer, Venkatapur Police Station, Venkatapur, Mulugu IVandal, Jaya Shankar Bhupalapally District' One CC to SUJATHA KURAPATI' Advocate IOPUC] Two CCs to SRI M.SRINIVAS, GP FOR HOME (TG)' High Court for the State of Telangana at HYderabad [OUT] Two CD CoPies 2 4 C 6

7. PMK TKS HIGH COURT DATED:1 511012025 ORDER WP.No.40798 of 2017 F o * to TriS 5 tln 0 ?0n * srv' H o ( ::-, DISPOSING OF THE WRIT PETITION WITHOUT COSTS \o )"