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HIGH COURT FOR THE STATE OF TELANGANA (Special Original Jurisdiction)

FRIDAY ,THE TENTH DAY OF JUNE TWO THOUSAND AND TWENTY TWO

PRESENT

THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI

WRIT PETITION NO: 24882 OF 2022

Between:

• G. Ravi Teja Goud, S/o G. Muralidhar Goud Aged about 15 years minorare minors Represented by their natural mother/guardian Mrs. Goundla Jyothi W/o G. Muralidhar Goud aged about 40 years, Occupation House wife resident of H.No. 1-68, Nandigama Village and Mandal, Ranga Reddy District Telangana
• G. Vijay Kumar Goud, S/o G. Muralidhar Goud Aged about 13 years minor Being petitioners are minors Represented by their natural mother/guardian Mrs. Goundla Jyothi W/o G. Muralidhar Goud aged about 40 years, Occupation House wife resident of H.No. 1-68, Nandigama Village and Mandal, Ranga Reddy District Telangana

... PETITIONERS

AND

• 1. The State of Telangana, rep. by its Principal Secretary Home Department B.R.K.R. Bhavan. Hyderabad Telangana
• The Superintendent of Police, Now Vikarabad District Previously Ranga Reddy District Vikarabad
• 3. The Station House Officer, Chengomul Police Station Vikarabad District
• 4. Goundla Dhananjaya, S/o Late Anjaneyulu R/o Angadi Chittempally village. Puduru Mandal Vikarabad District -Telangana

...RESPONDENTS

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an Writ, order or direction more particularly one in the nature of a Writ of Mandamus declaring the action of the Respondents in not register complaint against the 4^th respondent as illegal, improper, arbitrary and unconstitutional and against the principles of natural justice, consequently direct

the official responden s to register petitioners Complaint latec1 29.04.2022 against the 4th respon( ent, issue FIR copy.

lA NO: 1 OF 2022

Petition under S :ction 151 CPC praying that in the c r;umstances stated in the affidavit filed in ;upport of the petition, the High Cour ray lte pleased to direct the official Respr ndents to register petitioners Complain: date:d 29.O4.2022 against the 4th respon lent, issue FIR copy pending disposa of the above writ petition.

Counsel for the Petiti< ner(s):SRl. SATYANARAYANA DHARI rl\PURI

Counsel for the Resp< ndents: AGP FOR HOME (TG)

The Court made the fc llowing: ORDER

THE HONORABLE SMT JUSTICE LALITHA KANNEGANTI

W.P.No.24882 ot 2022

ORDER

This writ petition is filed questioning the action of the official respondents in not registering the complaint against respondent No.4, as illegal and arbitrary.

2. Heard Mr. D. Satyanarayana, learned counsel for the petitioners and learned Assistant Government Pleader for Home for respondent Nos.1 to 3.

3. Learned counsel for the petitioners submits that the petitioners are absolute owners of land to an extent of Ac.6-09 gts in Sy.Nos.l93, 194, 207, situated at Angadi Chittempally Village, Puduru Mandal, Vikarabad District. He submits that originally, the property belongs to the father of petitioners and thereafter, the same was transferred in the name of petitioners and their names were also mutated in the revenue records. He submits that taking advantage of the petitioners' absence, respondent No.4, who is none other than their paternal uncle, has trespassed into their land and occupied tlre same and hence, they have lodged a complaint on 2944-2022 before the respondent police. Learned counsel submits that in spite of the complaint and in spite of petitioners approaching the respondents, no action has been taken and they have failed to register the complaint. He submits that when a

LK. J ^Yt.P No.24882 ol 2022

complaint is gi en and the same is cognizable, the respondt;nt police are bound to re ;ister the complaint.

4. Learned Assistant Govemment Pleader lo' Home, on instructions, s.rbmits thal the petitioner has serrt a :omplaint daled 29-04-i )22 lo the Deputy lnspector Gene al of Police, Hyderabad Ri 'rge, Hyderabad and the same was endorsed and forwarded to t re Station House Officer, Chengomul irolic€) Station, Vikarabad Dist ict on 30-04--2022. He submits that uprx receipt of the complaint, the :spondent police have conducted a pre ir ninanT enquiry, which reveals I rat the dispute between the petitioners e nd respondent No.4 is purely ;ivil in nature and as such they have rrc t l.akr:n action. He submits th rt the respondent Police have informe c the petitioner orally and now they are going to issue a notice to hin, stating that the case is closed rs'civil in nature'. He submits that the petitioners have to avail an alte native remedy if at all they are aggrieve J by the action of the respond( nts in closing the complaint as 'civil in na ure'.

5. The gri rvance of the petitioners is that the res rondents have failed to registr r the complaint. As per the instructions of the learned Assistant Govt rnment Pleerder for Home, the respon<lt.nl-po lice have conducted a pr :liminary enquiry, which reveals that the drspute is 'civil in nature', and hey have closed the same.

1

6. Accordingly, the Writ Petition is disposed of giving liberty to the petitioners to avail appropriate rernedy available under law. No order as to costs.

7. Miscellaneous petitions, if any pending in this writ petition, shall stand closed.

SD/.G.SIREESHA ASSISTANT REGISTRAR

i. SECTION OFFEICER

//TRUE COPYi/

To

/

• 1. The Principal Secretary, State of Telangana, Home Department B.R.K.R. Bhavan, Hyderabad, Telangana
• 2. The Superintendent of Police, Now Vikarabad District Previously Ranga Reddy District, Vikarabad
• 3. The Stat'on House Officer, Chengomul Police Station, Vikarabad District
• 4. Goundla Dhananjaya, S/o Late Anjaneyulu Rl/o Angadi Chittempally Village Puduru Mandal, Vikarabad District -Telangana
• 5. One CC to SRl. SATYANARAYANA DHARMAPURI Advocate {OPUCI
• 6. Two CCs to GP FOR HOME (TG) ,High Court for the State of Telangana. tourl
• 7. Two CD Copies
• 8. One Spare Copy

Kvr

PS

HIGH COURT

DATED:10/06/2)22

ORDER

WP.No.24882 cf 2022

WRIT PETITION IS DISPOSED