Telangana High Court
WP/46392/2022 of Guguloth Ramulu Vs The State of Telangana on 29 December 2022
THI.] STATE OI.'TELANGANA /, AT HYDERABAD .,' (Special 0riginal Jurisdiction) THURSDAY, THE ]'WENTY NIN'III DAY OF DECEMBER ,-- TWO'fIJOI]SAND AND TWENTY TWO -- PRESENT 13183 I THE HONOURABLE SRI JUSTICT] B.VIJAYSEN REDDY /, WRIT PII'I'l'l'ION NO: 46392 OF 2022 Between: Guguloth Ramulu, S/o.
HIGH COURT FOR THI.] STATE OI.'TELANGANA [/,]
AT HYDERABAD .,'(Special 0riginal Jurisdiction)THURSDAY, THE ]'WENTY NIN'III DAY OF DECEMBER ,--TWO'fIJOI]SAND PRESENTAND TWENTY TWO -- THE HONOURABLE SRI JUSTICT] B.VIJAYSEN REDDY /,WRIT PII'I'l'l'ION NO: 46392 OF 2022
Between:
Guguloth Ramulu, S/o. Thulisya, Occ. Agriculturc, Caste ST Lambada R /o. BhagyanagarThanda village Singareni Mandal, Khammam District
...PETITIONER
ANDl. The State olTelangana, Rep by its Principal Secretary, Home Departmenl Secrerariar,Hyderabad
2. The Superintendent ol Police, Khammam. Khammam District
3. ['l-he ]Deputy Superintendent of Police, Khammam, Khammam District
4. The Station House Officer, Singareni Police Station, Singareni Karepally Mandal,Khammam DistrictKhammam District
5. The Singareni .Mandal Press Reporters, Mutual Aided House Building CooperativeSociety Ltd., (regd no. AMC/KMM/DCO12629/2009), Singareni Karepally Mandal,Khammam District Rep by its President, Badavath Ramunaik
...RESPONDENTS
Petition under Articlc 226 of the Constitution of India praying that in thecircumstances stated in the alfidavit tlled therewith, the High Court may be pleased toissue a Writ, Ordcr or Dircction more particularly one in the nature of Writ of Mandamus,declaring the action of lhc respondents police in not registering the FIR basing on thecomplaint dated 13.12.2022 ol the petitioner even though received by the respondentscircumstances stated in the alfidavit tlled therewith, the High Court may be pleased toissue a Writ, Ordcr or Dircction more particularly one in the nature of Writ of Mandamus,declaring the action of lhc respondents police in not registering the FIR basing on thecomplaint dated 13.12.2022 ol the petitioner even though received by the respondentspolice, requesting to take action against the unolficial respondent who is illegallytrespassed into the petitioner land and erccted the signed board in the petitioner land to anextent of Ac.3.00 gts out of Ac.6.00 gts in Sy No.549/l39AIU situated at UsirikayalapallyVillage, Singareni Mandal, Khammam District and trying to grab the petitioners propertyillegally without having any valid right, title over the petitioner's property, the respondentspolice not registering any FIR against the unofficial respondents is highly illegal, arbitraryand against the principles of natural justice and also violation of apex court rulings held inLalitha Kumari Vs. Govt. of UP and ors and as well as Cr.P.C and consequently direct therespondents police to register the FIR basing on the complaint of the petitioner dated13.12.2022 in thc interest ofjustice;trespassed into the petitioner land and erccted the signed board in the petitioner land to anextent of Ac.3.00 gts out of Ac.6.00 gts in Sy No.549/l39AIU situated at UsirikayalapallyVillage, Singareni Mandal, Khammam District and trying to grab the petitioners propertyillegally without having any valid right, title over the petitioner's property, the respondentspolice not registering any FIR against the unofficial respondents is highly illegal, arbitraryand against the principles of natural justice and also violation of apex court rulings held inLalitha Kumari Vs. Govt. of UP and ors and as well as Cr.P.C and consequently direct therespondents police to register the FIR basing on the complaint of the petitioner dated13.12.2022 in thc interest ofjustice; /
tA NO: I OF 2t)22
Petition under Section I5l CPC praying that in the circumstances stated in theaffidavit filed in support of the petition, the Iligh Court may be pleased Io direct therespondents policc to rcgistcr the FIR basing on the complaint of the petitioner dated13.12.2022 to take action against unolficial respondent no.5 by removing thc sign boardillegatly erected in the petitioner agricultural land to an extent of Ac.l.00 gts out ol'Ac.6.00 gts in Sy No.549/l39,tlU situated at IJ sirikayalapally Village, Singareni Mandal,Khammam District
Counsel for the Petitioner' : SRI. LAXMALLA SANDEEPCounsel for the Respondrrts : GP FOIi HOME'fhc Court made thc lbllor'' ing :
TTIE TIONOURABLE SRI JUSTICE B.VIJAYSEN REDDY
WRIT PETITION No.463?2 of 2022
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ORDER:
This writ petition is filed being aggrieved by the action of respondenr-Police in not registering the F.l.R. basing on the complaint dated 13.12.2022lodged by petitioner against the respondent No.5.
2. The leamed Assistant Government Pleader for Home, having receivedwritten instructions dated 28.12.2022 from the Sub-lnspector of Police,Singareni Police Station, Khammam district, submitted that on the complaintof petitioner, a G.D. entry was made and enquiry was conducted and duringthe course of enquiry, it was disclosed that the matter was purely civil inrrature, as such, the complaint was closed as 'civil in nature' on 15.12.2022.Petitioner was duly informed about the same through registered post on28.12.2022. Copies of notice dated 15.12.2022, extract of General Diarydated 14.12.2022 and postal receipt received by the leamed GovemmentPleader for Home are served on the learned counsel for the petitioner.
3. ln view of the above, no further orders required to be passed in thiswrit petition and the same is accordingly closed. However, petitioner isgiven liberty to invoke appropriate legal remedy, if he is aggrieved by theclosure report. The miscellaneous applications, if any, shall stand closed.There shall be no order as to costs.
SD/- MOIil). [SANAULLAH ANSARI]ASSISTA}{T [REGISTRAR]
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SECTION [OFFICER]
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3. Two [CD ][CoPies]
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BVR,,Il)A'tE, l) : 29 I 12 l2t)22tfilnIgORDF]I{WP.No.46392 of 2022WRIT PETIT.ION IS [(]]-I)SIII) ]OF WITHOUT COS.TS