Syed Khadaruddin v. The State Of Telangana

THE HON'BLE SRI JUSTI CE T.VI NOD KUMAR WRI T PETI TI ON No.24589 of 2019 ORDER:

The present writ petition is filed questioning the action of the respondents in not receiving the compliant, dated 14.10.2019, filed by the petitioners against the culprits mentioned in the complaint, who are alleged to have trespassed into the petitioners' lands admeasuring Acs.21.08 guntas in Survey No.1/2 and 2/2 situated at Kothapalli Village, Charla Mandal, Bhadradri Kothagudem District. 2.

Heard learned counsel for the petitioners and learned Assistant Government Pleader for Home.

3.

Learned counsel for the petitioners reiterates the writ averments on behalf of the 3rd petitioner.

4.

Learned Assistant Government Pleader for Home, on the basis of the written instructions, dated 20.11.2019, submits that on 15.11.2019, the 3rd respondent received a complaint through courier, wherein the petitioners alleged that one Bathula Varahala and five others have trespassed into their land and tried to threaten the petitioners. Pursuant to the said complaint, the 3rd respondent made a GD entry and took up investigation. Upon enquiry into the matter, it is revealed that the contents of the complaint are purely 'civil in nature' and when the 3rd respondent tried to secure the presence of the 3rd petitioner to inform the action taken on the complaint, by deputing the staff at the given address, the 3rd petitioner was not available. In so far as petitioners 1, 2 and 4 are concerned, they were informed of the enquiry conducted into the complaint, which revealed that the contents of the complaint are 'civil

in nature'. In proof of serving of notices upon petitioners 1, 2 and 4, their signatures have been obtained on the copies of the said notices. In so far as the 3rd petitioner is concerned, the notice is said to have been sent by registered post on 27.11.2019 at the address mentioned in the complaint. The aforestated written instructions along with copies of the notices and the postal receipt are placed on record of this Court. 5.

Having regard to the said submissions made on behalf of the 3rd respondent, if the petitioners are aggrieved by the notices issued by the 3rd respondent, referring the case as 'civil in nature', it is open for the petitioners to avail appropriate remedies in accordance with law, and thus, no further orders need be passed in the writ petition. 6.

The writ petition is accordingly closed. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.

____________________ JUSTI CE T.VI NOD KUMAR Date:06.12.2019 GJ