Shesham Vasu v. The State Of Telangana
[ 3183 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD (SPecial Original Jurisdiction) THURSDAY, THE SEVENTH DAY OF DECEMBER TWO THOUSAND AND TWENry THREE PRESFNT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITloN NO: 33142OF 2023 Between:
1. Shesham Vasu, S/o S.Venkataiah, Aged about 49 years, Occ. Business,. R/o H.No.83, 106, HlG, Sampoornam Apartments, XV Phase, KPHB, Hyderabad, Medchal- Malkajgiri District.
2. Guntupalli Aswardha Rama Rao, S/o Guntupalli Butcheshwar, Aged about 61 years, Occ. Business, R/o H.No.8-3-1063/A/50/1, Jyothi palace, Srinagar colony, Ameerpet, Hyderabad.
...PETITIONERS AND The State of Telangana, Rep. by its Principal Secretary, Home Department, Dr.B.R.Ambedkar Secretariit, Khairatabad, Hyderabad, T.S. The Station House Officer, P.S.Mokila Cyberabad Commissionerate, R.R. District ...RESPONDENTS Petition under Article 226 ot the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or Direction more particularly one in the Nature of writ of Mandamus by calling for the records from the Respondent No.2 by declaring the inaction of the Respondent No.2 as illegal, contrary and unconstitutional, and consequently directing the Respondent No.2 to register the FIR and take action against the said person Jangareddy from aftacking the Petitioners and further to direct the Respondent no.2 to aid the police protection to my land.
I lA NO: 1 OF 2023 Petition under Section'151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the Respondent no.2 to consider the complaint dated1410812023 by registering the FIR to the aid of police protection to the Petitioners land and from attacking the Petitioners.
Counsel for the Petitioners : Dr.P NAGESH Counsel for the Respondents: ASST. GP FOR HOME The Court made the following: ORDER I
HONOURABLE SRIJUSTICE B. VIJAYSEN REDDY WRIT PETITION No.33142 OF 2023 @EB: (oRAL) Heard learned counsel for the petitioners and learned Assistant Government Pleader for Home, and perused the material available on record.
2. lt is stated that petitioner No.1 is the absolute owner and possessor of agricultural land admeasuring Ac.0-0500 Guntas in Survey No.154/41 situated at Mokila Village, Shankarpally Mandal, Ranga Reddy District, and petitioner No.2 is the owner of total extent of Ac.0-0500 Guntas in Survey Nos.154/AA 113, 154lAA 112 and 154/AA 1/1 of the same Mokila Village, Shankarpally Mandal, Ranga Reddy District. The petitioners were issued pattadar passbook-cumtitle deeds. They acquired title to the property by virtue of the sale deeds bearing document Nos.3071 of 2021 and 3O72 of 2021 dated 12.08.2021 from the previous owners Sreeram Srinivas and Habesshe Laxminarayana. That all of a sudden, on 14.08.2O23, a stranger by name Janga Reddy along with his associates trespassed into the lands of the petitioners with criminal intention and damaged their property. , I The petitioners approached respondent No.2 Police Station and lodged a complaint on 14.08.2023, however the police so far have not initiated any action. lt is also stated that the watchman of the
;_.1 petitioners was mercilessly beaten by the said culprits, however police did not take prompt action in registering the First lnformation Report. 3.
Learned Assistant Government Pleader for Home placed on record the written instructions dated 06.12.2023 issued by the Sublnspector of Police, Mokila Police Station, and submitted that GD entry was made on 14.08.2023 on receipt of the complaint from the petitioners. The enquiry revealed that the dispute between the petitioners and Mytri Construction Developers is related to the land dispute and it is purely civil in nature. The complaint of the petitioners was closed as 'civil in nature'. A copy of the written instructions along with closure report is served on the learned counsel for the petitioners. 4.
ln view of the above, no further orders are required to be passed and the writ petition is accordingly closed. However, the petitioners are given liberty to avail appropriate legal remedies if aggrieved by the closure report. No order as to costs.
As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed.
SD/.A.V.S. PRASAD AssrsrANr REGyFAR //TRUE COPY// SECTION OFFICER To
1. One CC to DT.P.NAGESH, Advocate IOPUC] - .
2. Two CCs to GP FoR 'Fi6ilL:-HEd C"n't'for the State of Telangana at Hvderabad. [OUTI Trivo CD CoPies.
l J BSK LS s
HIGH GOURT DATED:0711212023 1rrE STATE o co 2 o oEt 2023 a .tt * t OESp^-rC'\
ORDER
WP.No.33142 ot 2023 CLOSING THE WRIT PETITION WITHOUT COSTS ,^ rOD w