THE HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION No.32823 OF 2014 Date:17.11.2014 Between:
B. Rama Koti .. Petitioner And The State of Telangana, rep., by its Secretary, Home Department, Secretariat, Hyderabad and others .. Respondents THE HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION No.32823 OF 2014 ORDER:
Heard learned counsel for the petitioner and learned Government Pleader for Home appearing for the respondents.
The grievance of the petitioner is that complaint dated 28.02.2013, which is registered as Crime No.104 of 2013, is not being investigated by the 3rd respondent. The complaint of the petitioner states that the petitioner has already filed O.S.No.316 of 2010 before the Principal Junior Civil Judge, Khammam, against some third party for perpetual injunction alleging illegal interference and obtained interim injunction in his favour. The defendants in the said suit have also stated to have filed another injunction suit being O.S.No.320 of 2011 against the petitioner and approached the Revenue Divisional Officer for cancellation of the pattadar passbooks of the petitioner’s vendor in R.O.R. Appeal No.A3/3246/2010. However, the said application was dismissed and pattadar passbooks were granted to the petitioner. However, alleging that the Tahsildar, Khammam, has granted fraudulent possession to the said contesting defendants and is making serious allegations against him, the aforesaid complaint was lodged by the petitioner.
Learned Government Pleader for Home, on instructions, states that the complaint lodged by the petitioner is being investigated. It is also stated that A7 and A9 i.e., Tahsildar and Village Revenue Officer obtained anticipatory bail from this Court and surrendered before the Police Station on 21.10.2013 and have been released on bail. Similarly, A8 i.e., Deputy Tahsildar, Khammam, also obtained anticipatory bail and thereafter released on bail. The investigation so far discloses the pendency of two civil suits and in one suit in O.S.No.320 of 2011, the contesting defendants obtained a decree of permanent injunction against the petitioner on 27.08.2012 and in the appeal carried by the petitioner in A.S.No.98 of 2012, the petitioner obtained interim orders from the Principal District Court, Khammam, on 03.10.2012. The 3rd respondent states that in view of the pendency of the civil proceedings, investigation is not being preceded further.
Learned counsel for the petitioner states that both the suits are filed for permanent injunction and the nature of the complaint and adjudication thereof may not call for consideration before the civil Court. Hence, there is no impediment for the respondents to investigate the crime.
In the circumstances, the Writ Petition is disposed of directing the 3rd respondent to proceed further and complete the investigation and await the decision of the civil Court for filing the final report. There shall be no order as to costs.
Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.
VILAS V.AFZULPURKAR, J
17.11.2014
KH