Legal remedies must be pursued before the Magistrate for grievances related to FIR registration or investigations.

. Present petition has been filed invoking the constitutional powers of this Court under Article 226 of the Constitution of India for following reliefs :-

“A) This Criminal Writ Petition may kindly be allowed.

B) Respondent Nos.3 and 4 may please be directed to take appropriate action against respondent No.6 as per the representation made by the petitioner dated 30.04.2024 to Superintendent of Police and letter to Tehsildar dated 17.05.2024 and issuing writ of mandamus or any other appropriate writ, order or directions in the nature of writ of mandamus.

C) To direct respondent No.6 not to interrupt in peaceful possession of petitioner.

D) Any other relief deemed fit may please be granted in favour of the petitioner.”

2. Heard learned Advocate for the Petitioner and learned APP for respondent Nos.1 to 5/State.

3. Learned Advocate for the petitioner submits that the petitioner is the owner and possessor of land admeasuring 1 H, 11 R in Gut No.50 of village Malvati, Taluka and District Latur. The dispute arises due to respondent No.6, who is owner and [2]

possessor of land in Gut No.51. Respondent No.6 is taking advantage of the fact that the petitioner is residing at Latur. He has diverted the flow of canal water in the land of the petitioner, by way of putting material in it. Therefore, the petitioner filed complaint under Section 5 of the Mamlatdar Courts Act before the learned Tehsildar, Latur. The petitioner further submits that in the year 1975 his father had also made complaint against the father of respondent No.6 before the Police Inspector Gramin on 31.07.1975. He further submits that after filing of application under Mamlatdar Courts Act by the petitioner, notice was issued by office. After receiving notice, respondent No.6 appeared and filed his reply. Thereafter, after hearing both the sides, learned Tehsildar directed to measure the land of petitioner and respondent No.6 and directed to prepare panchanama. As per the directions of Tehsildar, land record officer issued notice to petitioner and respondent No.6. The survey officer prepared panchanama. Petitioner further submits that the learned Tehsildar vide letter dated 22.02.2022 directed to carry out spot inspection and perused all the documents and map submitted by petitioner and respondent No.6 and directed Deputy Superintendent of Land Record, Latur to fix the four boundaries [3]

of disputed land. It is submitted that after issuance of letter by learned Tehsildar, the Deputy Superintendent of Land Record issued notice on 15.03.2022 to the petitioner. After receiving notice, petitioner submitted all the previous maps issued by the land record department. Being aggrieved by the notice issued by learned Tehsildar, petitioner filed application dated 23.03.2022 that the dispute is regarding canal running from Gut No.51 and not about the land boundaries dispute. He further submits that after panchanama made by Deputy Superintendent of Land Record, spot inspection made by learned Tehsildar and old map submitted by petitioner, it is clear that the canal is running from the land of respondent No.6 i.e. Gut No.51. After knowing this aspect, respondent No.6 trying to block the canal putting hurdle in the flow of water, when petitioner went to ask about it , at that time, respondent No.6 assaulted the petitioner with wooden stick and kicks and blows. Therefore, the petitioner went to lodge complaint to Police Station Gramin Latur. The police authorities advised him to take medical treatment first and thereafter to lodge the complaint. After completion of medical treatment, petitioner came to lodge complaint, the police inspector lodged non cognizable offence against respondent No.6. Though there