Ikkurthi Madhusudhana Rao, S/O. Late I. Ramaparabrahmam v. State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.26738 of 2015 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

"to issue writ of Mandamus to declare the action of the respondents in the not register the complaint dated 2-4-2015 and 4-8-2015 made by the petitioner, as it is illegal, bad, abuse of power without jurisdiction, and consequently directed the respondent No.3 to registered the case and investigate the matter."

Heard Sri G. Subash, learned counsel for the petitioner and learned Government Pleader for Home for respondents, apart from perusing the material available before this Court. Today, when the matter is called, written instructions, dated 27-08-2015 furnished by the Sub-Inspector of Police, Rompicherla Police Station, Guntur District have been placed on record by the learned Government Pleader for Home and the said instructions read as under:

"It is submitted that on 29,4.2015 the Station House Officer, Rommeherla police received the petitioner's eomolaint through Sub Divisional Police, Narsaraopeta for necessary action. In the said complaint the petitioner Stated that he is the owner of the land in Sy.No.179 and 193 situated at Machavarm village of Rompicherla Mandal, Guntur District The respondent No.4/I.Srikanth is the cousin brother of the petitioner herein, he gave false complaint against the petitioner herein before the Revenue Divisional Officer. Narsarapet and the patta passbook of the petitioner was cancelled. Further the petitioner also filed W.P.SR.No.21566/2015 and the Hon'ble High Court granted status quo order and also he filed O.S.No.162/2014 before the Hon'ble Junior Civil Judge Court Narsaraopet for permanent injunction. The respondent No.4 damaged the boards erected in the said land. Further the 4th respondent's father already sold his share in the said land.

The respondents 4 to 6 are trying to encroach the land of the petitioner herein. The petitioner requested the police to take necessary action.

Basing on the said complaint this respondent enquired the matter in detail and revealed that the land of the petitioner herein is under dispute in W.P.SR.No.21566/ 2015 on the file of the Hon'ble High Court and in O.S.No.162/2014 before the Hob'ble Junior Civil Judge Court, Narsaraopet. As the matter relates to civil in nature, hence this respondent suggested the petitioner to approach court of law for redressal. The petitioner instead of approaching the Civil Court, filed the present writ petition with baseless allegations." On noticing the above said instructions, learned counsel for the petitioner has requested this Court to record the said instructions and dispose of the writ petition with a liberty to move the jurisdictional Magistrate under the provisions of Cr.P.C. In view of the above, the writ petition stands disposed of, by recording the written instructions, dated 27-08-2015 furnished by the Sub-Inspector of Police, Rompicherla Police Station, Guntur District and with a liberty to the petitioner herein to avail the remedies available to him under the Cr.P.C.

Miscellaneous Petitions pending, if any, shall stand closed. There shall be no order as to costs.

___________________ A.V. SESHA SAI, J August 31, 2015 Pn THE HON'BLE SRI JUSTICE A.V. SESHA SAI

WRIT PETITION No.26738 of 2015 August 31, 2015 Pn