HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITIION No. 26635 OF 2008 DATED 16th DECEMBER, 2014.
BETWEEN G.Srinivas Reddy ….Petitioner And The Government of AP, rep. by its Prl.Secretary, Home Department, Secretariat, Hyderabad and ors.
…Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITIION No. 26635 of 2008.
ORDER:
Heard learned counsel for the petitioner and learned Government Pleader for respondents 1 to 6.
This Writ Petition was filed challenging the action of the sixth respondent in registering a case in FIR.No.72 of 2008, dated 29.10.2008 and steps to persuade the Revenue Divisional Officer, Bhongir to initiate proceedings under Section 145 Cr.P.C. against S.H.O., Pochampally, against the petitioner’s land and other owners of extents in Sy.Nos.482, 483, 484, 485, 486, 492, 500, 504, 501, 493, 494, 496, 497, 498 and 499 of Pochampally village and Sy.Nos.26,27,113 and 114 of Jalalpur village.
The learned Government Pleader filed a copy of the written instructions received by him from the sixth respondent, wherein it was stated as follows:
“ It is respectfully submitted that petitioner herein had filed a private complaint under Section 200 Cr.P.C. on the file of the Honourble Court of JFCM, Bhongir, Nalgonda District alleging that the respondents 7 to 18 have trespassed into his possession of the land under Sy.No. 482 etc., situated at Pochampally village, Nalgonda District, damaged the structure and threatened with dire consequences.
It is respectfully submitted that upon receipt of the above private complaint, the Honourable Court forwarded it to this respondent Police Sttion for investigation and report under Section 156 (3) Cr.P.C. On receipt of the private complaint from the Honourble Court, a case in Crime No. 60 of 2008 under Section 447, 427 IPC and Section 156 (3) Cr.P.C. was registered on 2.9.2008 on the file of Pochampally P.S. Nalgonda District. During the course of invetigation, it was revealed that there was a civil dispute between the complainant as well as the accused person with regard to the above said land. Hence after obtaining permission from the SDPO, Bhongir the case was referred as ‘CIVIL IN NATURE’ and final report was filed on 28.10.2008 before the Honourable J FCM Court, Bhongir.
It is further respectfully submitted that again the petitioners and respondents 7 to 18 were claiming the same property i.e. Sy.Nos. 482 etc., situated at Pochampally village, Nalgonda District without fixing the boundaries of the said land and created law and order problem and frequently approaching the police station and further approached the revenue authorities. In view of that a case in Cr.No.72/2008 under Section 145 Cr.P.C. registered against the petitioner and respondents 7 to 18 and submitted a report to the RDO, Bhongir, requesting to initiate 145 Cr.P.C. proceedings. But the RDO Bhongir in his letter dated 19.11.2008 in Lr.No.C/2532/08 stated that there is no provision of law to bind over the parties under Section 145 Cr.P.C. Hence the proceedings under Section 145 Cr.P.C. are not existing.
It is submitted that this respondent police enquiry revealed that the petitioner and respondents 7 to 18 are enjoying their share land in the above said Survey numbers with peaceful manner.”
In view of what is stated hereinabove, no cause survives in the Writ Petition and hence no further orders are required to be passed in the Writ Petition.
In the result, the Writ Petition is dismissed as having become infructuous.
Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 16th December, 2014. Msnrx