Yennam Venkata Siva Reddy v. The State Of Telangana

., [ 318s ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINTH DAY OF MARCH TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION NO: 5645 OF 2023 Between:

Yennam Venkata Siva Reddy, S/o. Yeennam Boreddy, Aged about 56 Years, Occ. Business, R/o. Plot No.147 and 157, Mounika Rock Hills, Rock hills, Rock Town Colony,L.B. Nagar, Ranga Reddy District. ...'ET'T'ONER AND

1. The State of Telangana, Rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad.

2. The Commissioner of Police, Rachakonda Commissionerate, Malkajgiri District, Telangana State.

3. The Station House Officer, Saroornagar Police Station, Rachakonda Commissionerate, Malkajgiri District, Telangana State.

4. Nimmagadda Raja Giridhar Kumar, S/o. N. Janardhan Rao A$ed- 5p years, Occ. Butiness, R/o. Plot No.110, Phase - lV, Vanasthalipuram, Hyderabad ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or more in the nature of a writ of Mandamus or any other appropriate writ order or direction, declaring the action of the Respondents Nos.2 and. 3 in not initiating action against Respondent No.4 illegal acts in demolishing petitioner old house No.4-48 and striking boundary of Open land admeasuring 1564. Sq.Yrds or equivalent to 1307.66 Sq.Mtrs having plinth afea_100.00 Sq.Feet of ACC sheets vide PTIN No.1041000089 vide New H.No.1O'4'22713 in Sy.No.

32 situated at Lingojiguda village, Saroornagar, Ranga Reddy District is illegal, arbitrary, against to the principles of natural justice and consequently direct the respondent No.2 and 3 to consider. the petitioner's complaints dated 19.02.2023 and take action on Respondent No.4 for his illegal high ended acts for demolishing petitioner old house No.4-48 and striking boundary qf Open land admeasuring 1564 Sq.Yrds or equivalent to 1307.66 Sq.Mtrs having plinth area 100.00 Sq.Feet of ACC sheets vide PTIN No.1041000089 vide New H.No.10-422713 in Sy.No.32 situated at Lingojiguda village, Saroornagar, Ranga Reddy District.

lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No.2 & 3 to consider the petitioner's complaints dated 13.02.2023 and take action on Respondent No.4 for his illegal high handed acts for demolishing petitioner old house No.4-48 and striking boundary of Open land admeasuring 1564 Sq.Yrds or equivalent to 1307.66 Sq.Mtrs having plinth area 100.00 Sq.Feet of ACC sheets vide PTIN No 1041000089 vide New H.No.10-4-227t3 in Sy.No.32 situated at Lingojiguda village, Saroornagar, Ranga Reddy District.

Counsel for the Petitioner: SRI PADALA PRAVIN KUMAR Counsel for the Respondent No.1 to 3: ASST. GP FOR HOME Counsel for the Respondent No.4: SRI D. JAGADISHWAR RAO The Court made the following: ORDER

THE HON'BLE SRT JUSTICE B. VIJAYSEN REDDY WRIT PETITION NO.5645 Of 2O23 ORDER:

Petitioner is aggrieved by the action of the respondents No.2 and 3 in not initiating action on the complaint of the petitioner dated L3.02.2023 against the respondent No.4. 2.

Heard learned counsel for the petitioner, learned Assistant Government Pleader for Home and Mr. D. Jagadishwar Rao, learned counsel appearing for the respondent No.4.

I I 3.

Learned Assistant Government Pleader for Home, based on the written instructions, submitted that the respondent No.4 lodged e ( a complaint against the petitioner and FIR.No.667 of 20tG was registered for the offences under Sections 448, 427 read with Section 34 of the Indian Penal Code, 1860. The case is pending trial in CC.No.166 of 20L7 before the concerned Court. Another complaint was lodged by the respondent No.4 against the petitioner based on which FIR.No.190 of 2018 was registered for the offences under Section 42O read with Section 34 IPC. The case is pending trial in CC.No.2495 of 2O2L before the'concerned Court. So far as the complaint of the petitioner dated L3.02.2023 is concerned, GD entry was made and preliminary enquiry is being conducted. During the course of preliminary enquiry, it was found that there

was a civil dispute between the petitioner ancj the respondent No.4. In this connection, notices under Section g|l760 of the Criminal Procedure Code, L973, were issued to the petitioner on 02.03.2023 and 06.03.2023 asking the petitioner to produce relevant documents for the purpose of enquiry.

Recording the submissions of the learned Assistant Government Pleader for Home, the writ petition is disposed of. The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.

i SD/.P.CHhAGABHUSHAMBA ASSISTANT REGISTRAR //TRUE COPY// &--.---- SECTION_OFFICER il I To,

1. The Principal secretary, Home Department, The state of Telangana, Secretariat, HYderabad.

2. iha aommissionli of Police, Rachakonda Commissionerate, Malkajgiri 1\l State.

Officer, 3.

District, Telangana The Station House Police Station, Rachakonda na State.

Advocate

4. One CC to SRI

5. One CC to SRI D. JAGADISHWAR RAO,

6. Two CCs to GP FOR HOME, High Court for the

7. Two CD CoPies BN N of a. [oUT] BS

HIGH COURT DATED i0910312023 f'. "p S I'.r:: i,1i 1,,.

b or) 1 1 [?fl l[R

ORDER

WP.No.5645 of 2023 )- O;...",', 't DISPOSING OF THE WRIT PETITION WITHOUT COSTS nNk