Yadandla Gattaiah v. The State Of Telangana

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.16912 OF 2018 O R D E R :

This writ petition is filed challenging the action of 2nd and 3rd respondents in not registering the crime on the complaint of the petitioner dated 18.04.2018 in respect of the property in Sy.No.83, to an extent of Ac.10.09 gts., situated at Vallemkunta Village, Malhar Rao Mandal, Jayashankar Bhupalapally District.

Heard learned counsel for the petitioner.

Learned Assistant Government Pleader for Home produced written instructions stating that basing on the complaint of the petitioner the 3rd respondent enquired into the same and found that the there was a civil dispute between the petitioner as well as respondents 4 to 6; and as such the 3rd respondent suggested the petitioner to approach civil court for redressal and the same has been communicated to the petitioner also.

Learned Counsel for the petitioner disputes the same. The fact remains that the petitioner filed IA.No.95/2016 in the suit filed by him in OS.No.8/2015 for police protection and the same is dismissed. Learned counsel for the petitioner states that on technical grounds the said application is dismissed. Whatever may be the reasons for dismissal of the

said application, the petitioner cannot pursue two parallel remedies, one by filing suit and other by filing writ petition. In view of the same, the writ petition is disposed of. However, it is open for the petitioner to avail alternate remedy as may be available to him under law as already suit is pending. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed. _______________________________ A.RAJASHEKER REDDY, J 29.06.2018 t k.