Sri Rajasudharshan Rao, v. The State Of Andhra Pradesh, Rep. By Its Principal

THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.11701 OF 2015 Date:29.04.2015 Between:

Sri Rajasudharshan Rao .. Petitioner And The State of Andhra Pradesh, rep., by its Principal Secretary, Home Department, Secretariat Buildings, Hyderabad and others .. Respondents

THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.11701 OF 2015 ORDER:

Heard learned counsel for the petitioner and learned Government Pleader for Home appearing for respondents 1 to 3.

Learned Government Pleader has received instructions, which show that the complaint of the petitioner is for forcible dispossession and theft of his articles from the tenanted premises. The instructions further show that the petitioner voluntarily locked the premises and after preliminary enquiry, it was concluded that the matter is of civil nature.

Since, prima facie, the allegations of the petitioner are that unauthorisedly taking away his articles from the leased premises and dispossessing him forcibly, the complaint of the petitioner cannot be treated as a complaint of civil nature and it is essential for respondent No.3 to re-verify the facts, take a decision in the matter as to whether the complaint deserves to be considered for commission of a cognisable offence and then take appropriate action without further loss of time. The Writ Petition is, accordingly, disposed of. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. ____________________________ VILAS V. AFZULPURKAR, J 29.04.2015 KH