Telangana High Court
WP/35015/2023 of Smt Pasupunuri Padma @ Vanamala Padma Vs The State of Telangana on 29 December 2023
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY wRtT PETITION NO: 35{)15 OF 2023 Between: Smt Pasupunuri Padma @ Vanamala Padma, D/o.
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
wRtT PETITION NO: 35{)15 OF 2023
Between:
Smt Pasupunuri Padma @ Vanamala Padma, D/o. Vanamala Venkatesham, W/o. p.Srikanth Aged_about 45 years, Occ;Household, Rl/o. H.No. 11-3-576/i/4, NewAshok Nagar, Srinivas Nagar, SecuMerabad, T.S.
.....PETITIONER
AND
1 . The State of Telangana, R9p. by its [principal ]Secretary, Home Department atSecretariat, Hyderabad, T.S.Secretariat, Hyderabad, T.S.
2. The Deputy Superintendent of Police, Toopran Mandal, Medak District,Telangana State.Telangana State.
3. The Station House Officer, Shivampet Mandal at Shivampet, Medak District.
4. Mr,-Ngini Rajashekar Reddy, S/o. Narsimha Reddy, Aged about. Not Knownto Petitioner, Rt/o. Pambanda Village, Shivampet Mandll, Medak District, T.S.to Petitioner, Rt/o. Pambanda Village, Shivampet Mandll, Medak District, T.S.
5. Mr. Naini Vishnuvardhan Reddy, S/o. Narsimha Reddy, Aged about. MtKnown to Petitioner, R/o. Pambanda Village, Shivampet Mandal, MedakDistrict, T.S.Known to Petitioner, R/o. Pambanda Village, Shivampet Mandal, MedakDistrict, T.S.
6. Mr. Venkat Ram Reddy, S/o. Late Vardha Reddy, Aged about. Not known topetitioner, R/o. Pambanda Village, Shivampet Mandal, Medak District, T.S.petitioner, R/o. Pambanda Village, Shivampet Mandal, Medak District, T.S.
7. Mr. Laddu, S/o. Late Vardha Reddy, Aged about. Not known to petitioner, Rl/o.Pambanda Village, Shivampet Mandat, Medak District, T.S.Pambanda Village, Shivampet Mandat, Medak District, T.S.
8. Mr. Venu; S/o. Late Vardha Reddy, Aged about. Mt Known to petitioner, Fyo.Pambanda ViHage, Shivampet Mandal, Medak District, T.S.Pambanda ViHage, Shivampet Mandal, Medak District, T.S.
9. K. Chenna Reddy, S/o. Vittal Reddy, Aged about. Mt Known to petitioner,Ryo.4'103, MlG, Phase-2, Road M.11, Vidyuth Nagar, BHEL,Ramchandrapuram, Sangareddy District, T.S.Ryo.4'103, MlG, Phase-2, Road M.11, Vidyuth Nagar, BHEL,Ramchandrapuram, Sangareddy District, T.S.
.....RESPONDENTS
Petition Under Article 226 of the Constitulion of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may be
pleased to pass order or orders one in the nature of WRIT OF MANDAMUSdirecting the respondent No.2 and 3 to consider the representation on dated.1811212023 made by the petitioner by registering the F.l.R against therespondents No. 4 to [g ]in respect of the petitioners Land i.e., Land in Sy No. 197to the extent of Ac. 2.28 gts, Land in Sy No. ['198 ]to the extent of Ac. 1.14 gts,Land in Sy No. 199 to the extent of Ac. 1 .36gts, and Land in Sy No. 200 to theextent of 1.26 gts total admeasuring about, Ac. 7-24 gts situated at pambandavillage, shivampet Mandal, Medak District, T.S including not to call the petitionerinto P.s shivampet for settling the matter out of court, in view of the litigationpending between the petitioner and the respondent No. 4 to g and to declare theaction of the respondents is totally illegal, arbitrary, Unconstitutional, and againstrespondents No. 4 to [g ]in respect of the petitioners Land i.e., Land in Sy No. 197to the extent of Ac. 2.28 gts, Land in Sy No. ['198 ]to the extent of Ac. 1.14 gts,Land in Sy No. 199 to the extent of Ac. 1 .36gts, and Land in Sy No. 200 to theextent of 1.26 gts total admeasuring about, Ac. 7-24 gts situated at pambandavillage, shivampet Mandal, Medak District, T.S including not to call the petitionerinto P.s shivampet for settling the matter out of court, in view of the litigationpending between the petitioner and the respondent No. 4 to g and to declare theaction of the respondents is totally illegal, arbitrary, Unconstitutional, and againstthe provision of principal of natural Justice and violation of municipal laws andviolation of Article 300-4 to the constitution of lndia.!.A.NO:'f OF 2023violation of Article 300-4 to the constitution of lndia.!.A.NO:'f OF 2023
Petition Under Section 15'l CPC praying that in the circumstances statedin the affidavit filed in support of the petition, the High Court may be pleased todirect the respondent No.2 and 3 to take action against the respondent No,4 to gby registering F.l.R in pursuance of the petitioner's representation on dated.1811212023 against the respondents No.4 to g in respect of the petitioners Landi.e., Land in Sy.No.197 to the extent of Ac. 2.28 gts, Land in Sy No..l98 to theextent of Ac. 1.14 gts, Land in Sy No. ['lgg ]to the extent of Ac. 1.36gts, and Landin Sy.No. 200 to the extent of ['1 ].26 gts total admeasuring about; Ac. 7-24 gtssituated at Pambanda Village, Shivampet Mandal, Medak District, T.S includingconducting the survey and demarcation at the instance of the respondents No.5and 6 in view of the litigation pending between the petitioners and therespondent No. 4 to 9 pending disposal of the main writ petition.
Counsel for the P-etitioner : SRI SURESH SHIV SAGAR
Counsel forthe Respondent Nos.l to 3 : AGP FOR HOME
--Counsel for the Respondent Nos.4 to [g ]:
The Court made the following ORDER
,
THE HONOURABLE SRI JUSTICE C.V. BHASI(AR REDDY
IIIRIT PETITION No.35O15 of 2023
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ORDER:
This Writ Petition, under Article 226 of the Constitution ofIndia, is Iiled seeking the following relief:India, is Iiled seeking the following relief:
'to pass order or orders one in nature of Writ of Mandamusdirecting the respondent Nos.2 and 3 to consider therepresentation, dated 18.12.2023 made by the petition€r byregistering the FIR against respondent Nos.4 to 9 in respect of thepetitioner's land i.e., lald in Survey No.197 to an extent ofAc.2.28 guntas, la-nd in Suruey No.198 to an extent of Ac.1_14guntas, land in Survey No.199 to an extent of Ac-1.36 guntas,land in Survey No.2OO to an extent of Ac.l.26 guntas, totaladmeasuring Ac.7.24 guntas, situated at pambanda Viltage,Shiva:npet Mandal, Medak Disrict, including not to call thepetitioner to P.S.Shivampet for settling the matter out of Court inview of l.itigation pending betwe€n the petitioner and respondentNos.4 to 9 and to declare the action of the respondents, asarbitrary and illegal and against principles of natural justice..."
2. Heard learned counsel for the petitioner, learnedAssistant Government Pleader for Home appearing forrespondent Nos.1 to 3 and perused the record.
3. The case of the petitioner is that she submitted awritten complaint, dated 18.12.2023, to respondent No.3against respondent Nos.4 to 8 and though contents of saidcomplaint disclosed commission of cognizable offences,respondent No.3 is not registering any case against respondent re Nos.4 to 8 by following [the ][procedure ][contemplated under]
Section 154 of Cr.P.C., [and also the guidelines ][laid down ][by the]Hon'ble Apex Court in [the ][case ][of ][Lalitha ][Kumari ][v' ][State ][of]Uttar Pradeshr.
l,earned Assistant Government [[Pleader ][for ][Home,]][[for ][Home,]][[Home,]]
4. l,earned Assistant Government [[Pleader ][for ][Home,]][[for ][Home,]][[Home,]]on instructions, [would submit ][that ][since ][the ][contents ][of ][the]complaint revealed commission [of ][cogrrizable ][offences,]respondent No.3 registered [a ][case ][in ][Crime ][No.243 ][of ][2023,]dated 27.12.2023 for [the ][offences ][punishable ][under ][Sections]447,427 and 507 IPC and [took ][up ][investigation.]
5. In view of the said submissions, [as ][the ][grievance ][of]the petitioner stands [redressed, ][the ][Writ ][Petition ][is ][disposed ][of]as no further orders [need be passed ][in ][this Writ ][Petition' ][There]shall be no order as to costs.
Miscellaneous Petitions, if aly, [pending ][in ][this ][writ]petition shall stand closed.
SD/. MOHD. SANAULLAH ANSARIASSISTANTlsT
//TRUE COPY//
N OFFICER
SEC
To
1. The Principal Secretary, Horne Department [at Secretariat, ][State of ][Telangana]at Hyderabad, T.S.at Hyderabad, T.S.2. The Deputy Superintendent of Police, Toopran [Mandal, Medak ][District,]Telangana State.Telangana State.
3. The Station House Officer, Shivampet [[tlandal ][at ][Shivampet, ][Medak District.]4. Two CCs to GP For Home, High Court [for the ][State of ][Telangana ][at]Hyderabad. [OUTI4. Two CCs to GP For Home, High Court [for the ][State of ][Telangana ][at]Hyderabad. [OUTI
[OUTI5. One CC to Sri Suresh Shiv Sagar, [Advocate ][OPUC]
6. Two CD CopiesSA
GJP
HIGH COURT
DATED:2911212023
ORDER
WP.No.35015 of 2023
DISPOSING OF THE W.P
WITHOUT COSTS.
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