WP/35024/2023 of V. Sharath Chandra Vs The State of Telangana on 29 December 2023

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HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD(Special Original Jurisdiction)

FRIDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND TWENTY THREE

PRESENT

THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

WRIT PETITION NO: 35024 OF 2023

Between:V. Sharath Chandra, S/o. Laxmaiah, aged about 45 years, Occ: Business,Rl/o. H. No. 5- 5- 58, Hill Colony, Vanasthalipuram, Hyderabad.

...PETITIONER

AND

1The State of Telangana, Rep. by its Principal Secretary, Home Department,Secretariat, Hyderabad.Secretariat, Hyderabad.2The Superintendent of Police, Nalgonda District, Nalgonda.

3The Station House Officer, Kangal Police Station, Nalgonda.

4. Bandaru Naveen Kumar, S/o. Shankaraiah, age 39 years, Occ; PrivateEmployee, R/o. 5- 3- 330/40, Yellareddyguda, Ambedkar Nagar, Ameerpet,Hyderabad, Presentlyresiding a|2441 LYLA Lane, Leander, Texas,78641 ,USA.Employee, R/o. 5- 3- 330/40, Yellareddyguda, Ambedkar Nagar, Ameerpet,Hyderabad, Presentlyresiding a|2441 LYLA Lane, Leander, Texas,78641 ,USA.

5. Bandaru Pavan Kumar, S/o. Shankaraiah, age 37 [years, ]Occ: PrivateEmployee, Fl/o. 5- 3- 330/40, Yellareddyguda, Ambedkar Nagar, Ameerpet,Hyderabad.Employee, Fl/o. 5- 3- 330/40, Yellareddyguda, Ambedkar Nagar, Ameerpet,Hyderabad.

...RESPONDENTS

Petition under Article 226 of the Constitution of lndia [praying ]that in thecircumstances stated in the affidavit filed therewith, the High Court may [be]pleased to pass an order or orders, direction or writ more particularly one in thenature of Writ of Mandamus to declaring the inaction of the respondent [No. ][2 ][and]3 in not registering the complaint [pursuant ]to the representations dated 01. [1 ][1.]2023 and'14. 11.2023 respectively, submitted by the [petitioner ]as [illegal,]arbitrary, and in violation of [principles ]of natural [justice ]and consequently directthe 3'd respondent to register FlR.

lA NO: 1 OF 2023

Petition under Section i5i cpc praying that in the circumstances statedin the affidavit filed in support of the petition, the High court may be pleased todirect the respondent Nos.3 and 2 to fo(hwith consider the representationsdated 01. 11. 2023 and 14. 11. 2023 respectively, submitted by the petitioner,direct the respondent Nos.3 and 2 to fo(hwith consider the representationsdated 01. 11. 2023 and 14. 11. 2023 respectively, submitted by the petitioner,pending disposal of the Writ petition.

Counsel for the Petitioner: SRI MADAS BHARATH CHANDRA

Counsel for the Respondent No.1 to 3: Gp FOR HOME

Counsel forthe Respondent No.4 and 5: NONE APPEARED

The Court made the following: ORDER

THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDYIIRIT PETITION No.35O24 OF 2o23ORDER

This Writ Petition, under Article 226 of the Constitutionof India, is filed seeking to declare the inaction of respondentNos.2 and 3 in registering complaint, pursuant torepresentations, dated OI.ll.2023 and 14. 1 1.2023, submittedby the petitioner, as arbitrary, illegal and consequently todirect respondent No.3 to register FIR.

2. Heard learned counsel for the petitioner, learnedAssistant Government Pleader for Home, appearing forrespondent Nos. 1 to 3 and perused the record.

3. The petitioner claims to be absolute bwner andpossessor of land to an extent of Ac.2-00 guntas in SurveyNo.482/E, situated at Chettachennaram Village, KongalMandal, Nalgonda District, having purchased the same under aregistered sale deed bearing document No.95O8 of 2O16, dated06.08.2016. It is case of the petitioner that when respondentNo.4 is interfering with the petitioner's peacelul possession andenjoyment over the subject property arrd not complying withthe terms and conditions of the Agreement of Sale, dated22.O5.D19, the petitioner was constrained to institute a suit in O.S.No.SS1 of 2O2l on the frle of learned [Special ][Mobile Court,]Nalgonda.

The grievance of the petitioner is that grievance of the petitioner is that of the petitioner is that the petitioner is that petitioner is that is that that [[pending]]

4. The grievance of the petitioner is that grievance of the petitioner is that of the petitioner is that the petitioner is that petitioner is that is that that [[pending]]adjudication of the said suit, at the instance of [respondent]Nos.4 and 5, respondent No.3 is frequently summoning [the]top'.titio.r"r to police station and forcing him settle/compromise the matter with respondent Nos.4 and 5 [as]per the terms dictated by them.

5. Learned Assistant Government Pleader for Home,on instructions, would submit that acting on the complaint ofthe petitioner, respondent No.3 made GD entry and during thecourse of investigation, it revealed that there are civil disputesbetween the petitioner and respondent Nos.4 and 5 and assr.rch respondent No.3 closed the said complaint as tivil innature' and copy of the said report also served on thepetitioner.

6. In view of the said submissions, this Court deemsit appropriate to dispose of the Writ Pelition granting liberty tothe petitioner to avail the remedies as available under law, if heis aggrieved by closure ofsaid report.

7 . With the above observations, [the ][Writ ][Petition ][is]

disposed of. There shall [be ][no ][order ][as to costs.]

Miscellaneous petitions, if [any, ][pending ][in ][this ][writ]

petition shall stand closed

SD/. G. SIREESHAASSISTANT REGIST,RAR//rRUE COPY// \/SECTION OFFICER

To,

1. The Principal Secretary, [Home Department, Secretariat, ][The ][State ][of]Telangana, Hyderabad.Telangana, Hyderabad.

2. The Superintendent [of ][Police, Nalgonda District, Nalgonda.]

3. The Stdtion House Officer, [Kangal Police Station, Nalgonda.]

4. One CC to Sri Madas [Bharath Chandra, Advocate ]IOPUC]

5. Two CCs to [GP ][for Home, ][High Court for the State of Telangana, ][at]Hyderabad [OUT]6. Two CD CopiesTJGJP\$,=- HIGH COURT

DATED:2911212023