Kadiyala Yallamma v. The State Of Telangana

THE HON'BLE SRI JUSTICE A.V.SESHA SAI W.P.No.39063 of 2018 ORDER:

When the matter is taken up for hearing, the written instructions dated 15.11.2018 furnished by the Station House Officer, Nacharam Police Station are placed on record by the learned Government Pleader.

The written instructions dated 15.11.2018 read as under :- The petitioner herein has approached the Police of Nacharam Police Station and submitted a petition dated 03.09.2018 stating that she being widow and during the life time her husband Muttaiah the Government allotted land and issued ownership certificate on 20.04.1985 to four persons including her husband in the meantime the land were lay out by earlier pattedar in which her deceased husband share comes an extent of Ac.1.31 gts in Sy.Nos.237 and 238 and taking advantage the persons named in the complaint are trespassed in her land and raising the constructions with the fraudulent document in her land but the GHMC granted permission on 12.12.2017 in Sy.No.235 but the persons are making constructions in her land in Sy.No.237 and hence requested to take necessary action as per law.

Upon receipt of the said complaint, an entry was made into the Station General diary after enquiry action will be taken.

It is submitted that the petitioner submitted the complaint, she did not produce any supported documents in respect of the lands in question and hence a notice dated 08.11.2018 was sent to the petitioner by Regd. Post requesting her to appear before this respondent and produce necessary documentary evidence to enable the police to proceed with further course of action on it.

To the said notice, the petitioner herein has sent reply to the said notice on 13.11.2018 by enclosing Xerox copies of the documents and requested to do justice to her. A careful perusal of the contents of the complaint no cognizable contents have been established to register a case

and hence this respondent advised her to seek her redressal in competent forum.

It is submitted that since there are no cognizable contents in the complaint of the petitioner herein and accordingly, this respondent advised her to settle the issue in a competent court of law and to that effect a notice dated 14.11.2018 was issued to her.

Copy of the notice dated 08.11.2018 and reply notice dated 13.11.2018 and notice dated 14.11.2018 are annexed to this written instructions for the kind perusal of this Hon'ble Court.

By placing the above instructions on record and by leaving it open to the petitioner to avail other remedies available to her in accordance with law, the writ petition is disposed of accordingly. No order as to costs.

Miscellaneous petitions pending, if any, shall stand closed. ________________ A.V.SESHA SAI, J Date: 19.11.2018 Prv