HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.27534 OF 2014 Date:18.12.2014 Between:
G. Shivaram .. Petitioner And Government of Telangana, rep., by its Principal Secretary, Home Department, Secretariat, Hyderabad and others .. Respondents HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.27534 OF 2014 ORDER:
This Writ Petition is filed alleging that the respondents, particularly the 4th respondent is not taking any action on the petitioner’s complaint, dated 16.10.2013. The petitioner has also approached the Director General of Police (DGP), Andhra Pradesh, Hyderabad, on 04.04.2014, by way of a complaint requesting him to take action against the unofficial respondents.
The instructions received by the learned Government Pleader for Home would show that the D.G.P., has also forwarded the complaint under endorsement, dated 11.08.2014, to the Station House Officer, the 4th respondent, who has conducted enquiry into the matter. It is also stated that there appears to be civil dispute between the petitioner and the 5th respondent and, therefore, both the parties are advised to approach a competent civil Court for redressal of their dispute.
Since the allegation of the petitioner is against the 5th respondent, notice to the 5th respondent is ordered and he has also filed a counter stating that the petitioner tried to encroach the public road on the western side of his house, which led to objection by the local residents, including the 5th respondent, and they also gave complaint to the Municipal Corporation. When the Municipal Authorities have allegedly demolished the gate of the petitioner; without verifying the documents, he raised objection and the complaints are pending with the GHMC, but no action was taken thereon.
The survey report by Tahsildar, under Ex.P4, shows that petitioner’s plot No.13 is 100 sq. yards, but on ground it is only 94 sq. yards. The GHMC vide Grievance Acknowledgement, dated 30.06.2013, acknowledged petitioner’s complaint and entrusted to enquire into complaint of encroachment by neighbour, which is pending.
In view of the civil dispute, pending between the petitioner and the 5th respondent with GHMC, the inaction of the police cannot be said to be unreasonable. The petitioner as well as the 5th respondent are also at liberty to resolve their dispute by approaching a competent civil Court.
With the above said observation, the Writ Petition is disposed of. There shall be no order as to costs.
Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.
VILAS V. AFZULPURKAR, J
18.12.2014 KH