Cherukumalli Nageshwar Rao v. The Station House Officer

HONOURABLE SRI JUSTICE T. VINOD KUMAR WRIT PETITION No.23424 OF 2019 ORDER:

This writ petition is filed by the petitioner seeking to declare the inaction of the official respondents particularly respondent No.1 - Station House Officer, Laxmidevipalli, Laxmidevipalli Mandal, Bhadradri Kothagudem District, in registering a case and taking up investigation based on his complaint dated 28.09.2019 against unofficial respondent Nos.4 to 16 as being illegal and arbitrary.

2. Heard Sri K. Sarath, learned counsel for the petitioner, and learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 3, and perused the material on record.

3. The learned Assistant Government Pleader for Home based on the written instructions dated 18.10.2019, a copy of which is placed before this Court along with the notice dated 14.11.2019 issued by respondent No.1 to the petitioner under the registered postal receipt bearing No.RN148200176IN dated 14.11.2019, submits that respondent No.1, on receiving the complaint of the petitioner dated 28.09.2019 through registered post, made an entry in the General Diary and enquired into the matter. He further submits that on enquiry, since it was disclosed that none of the unofficial respondents have entered into the petitioner's land and the dispute is civil in nature, respondent No.1 closed the matter and informing the same, issued the aforestated notice to the petitioner on 14.11.2019.

4. In view of the above, if the petitioner is aggrieved of closure of his complaint on the ground of matter being civil in nature, it is open for him to avail appropriate remedies in accordance with law.

5. In the circumstances, recording the aforesaid submissions made by the learned Assistant Government Pleader for Home, the writ petition is closed. No order as to costs.

As a sequel thereto, Miscellaneous Petitions, if any, pending in the writ petition stand closed.

_______________________ T. VINOD KUMAR, J November 18, 2019.

PV