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High Court for State of TelanganaWP/18219/2016closed no costs

U. Laxminarayana v. The State Of Telangana

2016-06-22C.Praveen Kumar2 pages

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No. 18219 of 2016 ORDER:

Heard learned counsel for the petitioner and Government Pleader for Home. With the consent of both the parties, the writ petition is taken up for disposal at the admission stage itself. The present writ petition is filed with the following prayer: "Issue a writ of mandamus declaring the action of respondent Nos.3 and 4 in not registering crime basing on the report dated 30.04.2016 given by the petitioner as illegal, arbitrary and violative of principles of natural justice; and consequently direct respondent Nos.3 and 4 to register crime basing on the report and take further action against respondent Nos.5 to 7 and 10."

On 17.06.2016 the Government Pleader for Home took time to get instructions. Today when the matter is taken up for hearing, the Government Pleader for Home on instructions submits that basing on the report given by the petitioner, a G.D. entry dated 30.04.2016 was made and a preliminary enquiry was conducted, which revealed that the respondent Nos.5 to 7 are sons of the petitioner and the petitioner who put them into possession of H.No.3-2-63/1/A, Bhavani Narasimhanagar, Mallapur, Ranga Reddy District is now asking them to vacate the said premises and hand over the possession, which they are reluctant to do. There appears to be some dispute between father and sons with regard to possession of the house property. It is thus contended that in view of the above no action is taken on the

report given by the petitioner.

At this stage, the learned counsel for the petitioner submits that liberty may be given to the petitioner to proceed in accordance with the provisions of the Criminal Procedure Code. Having regard to the circumstances stated above, the writ petition is closed giving liberty to the petitioner to avail the remedy available under Cr.P.C. No order as to costs. Consequently, miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

_________________________ JUSTICE C. PRAVEEN KUMAR 22.06.2016 gkv