B.Venkateswara Reddy v. The District Collector,

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 17093 of 2011 ORDER:

The writ petitioner questions the inaction of the 1st respondent on his representation dated 04.05.2011, whereunder he sought to initiate action against the 2nd respondent pursuant to the orders passed by the 1st respondent in letter Rc.E2/1737/2010 dated 06.06.2010.

2. This Court, by order dated 05.07.2011, directed as under: "The Deputy Superintendent of Police, Kurnool is impleaded suo motu as a party respondent to this Writ Petition as I consider that it would be expedient to implead him as a party respondent for effectively disposing of this Writ Petition.

The Collector, Kurnool, through his communication dated 06.06.2010, directed the Tahsildar, Kallur Mandal, Kurnool District to lodge a complaint against those persons who are alleged to have been involved in creating fake house site pattas and who are creating confusion as well as seeking to cheat the general public. It was also further noted that the Tahsildar has already lodged a complaint in FIR No.36 of 2010 on 11.02.2010 with the IV Town Police Station, Kurnool against one Sri Maddulety, VRO, Gudur and Smt. Varalakshmi, Weaker Section Colony, Kurnool but the criminal case is still pending at the stage of filing the charge sheet. Therefore, the 3rd respondent Deputy Superintendent of Police, Kurnool is directed to file the latest status report with regard to FIR No.36 of 2010 and as to the reasons why the charge sheet has not been filed so far, in case the same has not been filed into the Court still.

Call after three weeks.

Registry, to communicate a copy of this order to the Tahsildar, Kallur Mandal as well as Deputy Superintendent of Police, Kurnool."

3. A counter affidavit is filed by the Sub-Divisional Police Officer, Kurnool, on

behalf of the 3rd respondent-Deputy Superintendent of Police, Kurnool. In the counter, it has been categorically stated that, pursuant to the direction given by this Court, he had acted on the complaint and FIR was registered in Crime No.36 of 2010, investigation was completed and charge sheet was filed which was taken on file as C.C.No.398 of 2011 on the file of Judicial Magistrate of First Class, Kurnool, for the offences punishable under Sections 420, 417, 407, 468 and 472 IPC and the case is pending trial.

4. Inasmuch as the prayer in the main writ petition itself is complaining inaction on the part of the respondents with respect to the representation of the petitioner, dated 04.05.2011; considering the subsequent developments, the prayer in the writ petition virtually stands granted in all respects. In that view of the matter, no furthers are necessary as nothing survives in the writ petition.

5. The writ petition is, accordingly, closed. No costs. Miscellaneous petitions, if any pending in this writ petition, shall stand closed. ____________________________ CHALLA KODANDA RAM, J 08th June, 2015 ksm