HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.37521 OF 2014 Date:17.12.2014 Between:
Velpula Ravinder and another .. Petitioners And The State of Telangana, rep., by its Principal Secretary to Government, Home Department, Secretariat Buildings, Hyderabad and others .. Respondents HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.37521 OF 2014 ORDER:
The petitioners complain of the inaction in spite of filing their complaint before the Station House Officer, K.U.C., Warangal District – the 3rd respondent herein on 05.04.2014. The petitioners complain of the action of trespass against respondents 4 to 9 and allege that they are trespassing into their land in Survey No.203/1 admeasuring Ac.0.20 guntas situated at Gundlasingaram Village, Kumarpally Shivar, Hanamkonda, Warangal District.
The instructions received by the learned Government Pleader for Home show that on the complaint of the petitioners, as aforesaid, an entry was made in the General Diary and preliminary enquiry was conducted. During enquiry, when the Police visited the subject land, they found that no offence, as alleged by the petitioners, is said to have been committed and the complaint is filed on mere apprehension. It also came to the notice of the Police that the petitioners filed O.S.No.409 of 2013 before the II Additional Junior Civil Judge, Warangal, whereas respondent No.4 filed O.S.No.109 of 2014 against petitioner No.2 and obtained injunction in I.A.No.150 of 2014, dated 24.02.2014.
Since both the suits are pending, Police advised both the parties to approach the civil Court, as the dispute is of civil in nature.
In view of the instructions, apparently both the parties are before the civil Court in their respective suits and as the allegations of the petitioners in the complaint were not found substantiated, no further action need be taken by the Police. Hence, I do not see any illegality warranting interference by this Court.
The Writ Petition is, accordingly, dismissed giving liberty to the petitioners to work out their remedies before the civil Court. There shall be no order as to costs.
Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.
VILAS V. AFZULPURKAR, J
17.12.2014 KH