Dasari Pochalu v. The State Of Telangana

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.41305 of 2016 ORDER:

This writ petition under Article 226 of Constitution of India is filed seeking to declare the action of respondents 3 & 4 in not registering any crime against the culprits basing on the complaint of the petitioner, dated 22.11.2016, and not taken any action against the culprits, as illegal and arbitrary.

The case of the petitioner is that the petitioner is the permanent resident of Chervupalli Village and belongs to ST Yerukula community and eking his livelihood by doing agricultural works. The Government had allotted land to the petitioner to an extent of Ac. 9.82 cents in Survey No.410.396/19 of Cherupalli Village, Mangapeta Mandal, Jayashankar District. The main grievance of the petitioner is that some people in the village illegally trespassed into the said land of the petitioner and disturbing his agricultural works. Aggrieved by the same, the petitioner made a complaint before respondents 3 & 4 on 22.11.2016 requesting to register a case against the said culprits, but till now no action is taken against the said culprits.

Considering the grievance of the petitioner, respondents 3 & 4 are directed to register a case against the said persons, if the complaint lodged by the petitioner, dated 22.11.2016, discloses any cognizable offence and investigate into the same and file a final report if any. If the petitioner is aggrieved by the action of respondents 3 & 4, he is at liberty to approach the superior officer of respondents 3 & 4 and also to approach the concerned Court by invoking provision under Section 200 Cr.P.C.

Accordingly, the Writ Petition is disposed of. No costs. Pending Miscellaneous Petitions, if any, shall stand closed. ___________________ RAJA ELANGO,J Date: 1st December, 2016 KL