Devarapalli Padma Reddy, v. The State Of Telangana,

THE HON'BLE SRI JUSTI CE P. NAVEEN RAO WRI T PETI TI ON No.30410 of 2017 Dated:11.09.2017 Between:

Devarapalli Padma Reddy, S/o. D.Laxmi Narsimha, Aged about 82 years, Occu: Business, R/o.H.No. 3-4-308/4, Kachiguda, Hyderabad, represented by his GPA Holder and another

...Petitioners

AND The State of Andhra Pradesh, represented by its Principal Secretary, Revenue Department, Secretariat Building, Hyderabad and others.

.. Respondents The Court made the follow ing:

PNR,J WP_30410_2017 THE HON'BLE SRI JUSTI CE P.NAVEEN RAO WRI T PETI TI ON No.30410 of 2017 ORDER:

Petitioners claim that they are absolute owners of land in Sy.No.262 to an extent of Ac.0.24 Gts., in Sy.No.263 to an extent of Ac.0.22 Gts., in Sy.No.264 to an extent of Ac.0.06 Gts., and in Sy.No.265 to an extent of Ac.0.07 Gts., total admeasuring Ac.1.19 Gts., situated at Devar Yamjal Village, Shameerpet Mandal, Ranga Reddy District.

2.

This writ petition is filed praying to grant mandamus directing the Revenue Divisional Officer, Keesara (R.2), to initiate proceedings under Section 145 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.') for taking possession of disputed land admeasuring Ac.2.37 Gts., in survey numbers mentioned above of the petitioners and the unofficial respondents based on the report stated to have been submitted by the Inspector of Police, PS Pet-Basheerabad, Cyberabad (R.4).

3.

The averments made in the affidavit filed in support of the writ petition disclose that there is dispute of title between the petitioners and the unofficial respondents. Petitioners filed Original Suit No.827 of 2015, which is pending on the file of XVI Additional District Court, Malkajgiri, Ranga Reddy District and they obtained order of status quo in Interlocutory Application No.710 of 2015. It appears some complaints are also filed and two crimes were

PNR,J WP_30410_2017 registered. Petitioners allege creation of false documents by the unofficial respondents and claiming ownership. Though the averments would disclose dispute on title and ownership and possession of the petitioners, at this stage, it cannot be said that there is a serious law and order problem, which would require initiation of proceedings under Section 145 Cr.P.C. 4.

Power under Section 145 Cr.P.C., is extraordinary residuary power, which is intended to be exercised to ensure maintenance of peace and tranquillity in the community and not to involve in private disputes between two groups on ownership as a private property in the exercise of such power, more particularly when civil litigation is pending. Further, two crimes were already registered. Thus, this Court is not inclined to grant the relief as sought for. 5.

Leaving it open to the petitioners to work out their remedies available under law and ventilate the grievance agitated in this writ petition regarding alleged illegal interference and creation of false documents, the Writ Petition is dismissed.

Consequently, Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs. ___________________ JUSTI CE P.NAVEEN RAO Date:11.09.2017 INL