Mohd Yousuf v. The State Of Telangana

HON'BLE SRI JUSTI CE A.V.SESHA SAI W .P.No.4 4 7 0 1 of 2 0 1 8 ORDER: - When the matter is taken up, the written instructions furnished by the Sub-Inspector of Police, Parigi Police Station, Vikarabad District, dated 12.12.2018, are placed on record by the learned Government Pleader. The said instructions read as under: - "It is submitted that the respondent No.5 Station House Officer, Parigi Police Station, Vikarabad District, had received the petitioner's complaint, dated 08.11.2018, through the registered post on 17.11.2018, wherein he stated that he is the owner of the land under Sy.No.69/ 2/ A/ 5, 69/ 2, admeasuring Ac.3.22 gts., situated at Sultanpur village, Parigi Mandal, Vikarabad District, by virtue of sale deed, dated 12.02.1985. The petitioner sold some land to third parties.

The respondents 6 to 9 came to the petitioner's property on 17.10.2018 and tried to interfere with the said land, but due to timely help of neighbours, they could not succeed in their malicious attempts. Again on 07.11.2018, the respondents 6 to 9 came to the said property and removed trees by using JCB and also tried to erect the board in the said property. When the petitioner questioned, the respondents 6 to 9 threatened the petitioner.

It is submitted that after sending the complaint through registered post, the petitioner did not approach the 5th respondent along with relevant documents. Thereon, the 5th respondent deputed staff to the house of the petitioner, but at that time, the petitioner was not available at home. The 5th respondent had enquired into the said complaint with the village elders and revealed that the petitioner filed civil suit with regard to the above said lands against the respondents 6 to 9 for perpetual injunction vide O.S.No.117/ 2018 before the Hon'ble Junior Civil Judge, Parigi. As such the respondent No.5 suggested the petitioner to approach the Civil Court for redressal. In this connection, the 5th respondent made entry into the General Diary on17.11.2018 and also served notice to the petitioner on 11.12.2018 in this regard and the same was received by the petitioner and acknowledged.

It is submitted that the petitioner contended that respondent No.5 Station House Officer, Parigi Police Station, Vikarabad District, not taken action on his complaint, dated 08.11.2018, is incorrect, baseless, far from truth and has been created for the purpose of filing the present Writ Petition. It is submitted that the 5th respondent had enquired into the complaint of the petitioner and revealed that the land of the petitioner is under civil dispute in O.S.No.117/ 2018 before the Hon'ble Junior Civil Judge, Parigi, hence no F.I.R. was registered and the same was entered into the General Diary and also informed to the petitioner by way of notice on 11.12.2018 and the same was acknowledged by the petitioner."

Accordingly, the Writ Petition is disposed of, by placing on record the said instructions furnished by the Sub-Inspector of Police, Parigi Police Station, Vikarabad District, dated 12.12.2018, with a liberty to the petitioner herein to avail the other remedies open in accordance with law.

Miscellaneous petitions pending, if any, shall stand disposed of. There shall be no order as to costs. ______________ A.V.Sesh a Sai, J Date: 24.12.2018 smr