Kaka Ramulamma v. The State Of Telangana,

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.34284 of 2016 ORDER:

1.

This writ petition is filed seeking to issue a Writ of Mandamus declaring the inaction of the respondents as illegal and arbitrary, and consequently, to direct the respondents to act immediately on the FIR and investigate into the case without waiting for the report from the 4th respondent.

2.

Heard and perused the material available on record. 3.

It is stated in the affidavit that the petitioners are the owners of agricultural lands to an extent of Ac.6.09 guntas in Sy.Nos.206AA, Ac.1.01 guntas in Sy.No.273/AA and Ac.5.02 guntas in Sy.No.347/1 of Ankampalam village, Dammapetamandal, Khammam District and they have been cultivating the same for many years. While so, one Smt. Vaggela Pullamma and others filed a suit in O.S.No.91 of 2015 before the Sub-Divisional Magistrate, Mobile Court, Bhadrachalam, claiming wrongful title and possession over the above lands and they also filed interim application along with the suit for grant of ad interim injunction and obtained injunction order. After receipt of order copy, the petitioners filed application for vacation of injunction orders and the learned Sub-Divisional Magistrate sought a status report from the Tahsildar-4th respondent.

While so, the above said parties in the above suit along with their henchmen attacked the petitioners and created havoc by destroying the young seedlings of black eyed peas and eucalyptus plants in the lands in question, and they caused loss of Rs.2,50,000/- to the petitioners. Hence, the petitioners lodged a complaint, basing on which FIR No.

registered against the said parties. But the police have not taken any action so far.

4.

The learned Assistant Government Pleader for Home submitted that the investigating officer is investigating into the matter in connection with the above crime and after obtaining the records from the 4th respondent, charge sheet will be filed.

5. Considering the facts and circumstances of the case and the submissions made by the learned Assistant Government Pleader, the Writ Petition is disposed of with the following direction: "Respondents Nos.1 to 3 are directed to complete the investigation as expeditiously as possibly, preferably within a period of six months from the date of receipt of a copy of this order and file a final report in either way in accordance with law."

There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

_________________ RAJA ELANGO, J Date: 17th October, 2016 Nn

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.34284 of 2016 Date: 17th October, 2016 Nn