← Library
High Court for State of TelanganaWP/35659/2016disposed of no costs

Yadlapally Subba Rao, v. State Of Andhra Pradesh, Rep. By Its Principal Secretary,

2016-10-21Raja Elango2 pages

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.35659 of 2016 ORDER:

This writ petition is filed seeking to declare the action of the 2nd respondent in registering the FIR No.149 of 2016, as illegal and arbitrary.

Heard and perused the material available on record. The main grievance of the petitioner is that the Government has assigned land to the petitioner's father through proceedings, dated 09.01.2004, by the Mandal Revenue Officer, Kandukuru. When the municipal authorities and revenue authorities tried to dispossess from the possession of his father, he filed W.P.No.7684 of 2012, whereby this Court directed the respondents therein not to interfere with their peaceful possession. When the municipal authorities not considered the petitioner's application for building permission, he filed W.P.No.5595 of 2015 before this Court, whereby this Court passed orders, dated 24.03.2015. Pursuant to the said orders, the Municipal authorities granted permission to construct RCC building vide proceedings, dated 13.07.

2016, after verifying the documents submitted by him. Basing on the complaint addressed by the Commissioner of Kandukuru Municipality (3rd respondent) for illegal acts committed by him in obtaining the building permission through online system by making false representation and producing false and fake documents, the 2nd respondent registered FIR No.149 of 2016 against the petitioner for the alleged offences under Sections 465, 471, 420 IPC.

Considering the grievance of the petitioner, the 2nd respondent is directed to complete the investigation in FIR No.149 of 2016, as expeditiously as possible and file a final report, if any, either way in accordance with law, within a period of six (6) months from today without arresting the petitioner. The petitioner is directed to appear before the 2nd respondent as and when required for the purpose of investigation.

Accordingly, the writ petition is disposed of. No costs. Pending Miscellaneous Petitions, if any, shall stand closed. ____________________ RAJA ELANGO, J Date: 21st October, 2016 KL