HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.22057 OF 2024 ORDER : (ORAL)

This writ petition is filed by the petitioner seeking to declare the action of respondents No.3 and 4 in not acting upon his complaints dated 27.06.2024, 09.06.2024 and 10.06.2024 against respondents No.7 to

17, as being illegal, arbitrary and unconstitutional.

2. Having received written instructions dated 12.08.2024 from the Sub-Inspector of Police, Vemulapalli Police Station, Mr. R. Lakshmikanth Reddy, learned Assistant Government Pleader for Home submitted that based on the complaints lodged by the petitioner, respondent No.6 - the Station House Officer, Vemulapalli Police Station, caused enquiry. As per the enquiry, it was revealed that the father of the petitioner is having Acs.45-25 guntas of land in Survey Nos.32, 33, 34, 35, 37 and 67 in Mundlapahad Village Shivar; the mother of the petitioner is having Acs.6-27 guntas; Mr. Gouru Ramesh, the brother of the petitioner, is having Acs.15-20 guntas; Mr. Gouru Srinivas, the younger brother of the petitioner, is having Acs.14-00 guntas of land. It is a joint family property. The petitioner and his family members filed O.S. No.66 of 1990 on the file of the learned Subordinate Judge, Miryalaguda, and O.S. No.103 of 2019 before the learned Senior Civil Judge, Miryalaguda. It is submitted that the above said land does not have any gates or boundaries. Earlier, the petitioner cultivated the said land. It is submitted that Mr. Gouru Srinivas was in the possession of the above said land but Mr. Gouru Ramesh was not in possession. That three (3) years ago, the petitioner along with Mr. Gouru Srinivas levelled the said land with tractors and JCBs and raised paddy crop. At the time of harvest, Mr. Gouru Ramesh, along with his henchmen visited the land and raised a dispute. In that regard, a case was filed. Later on 24.06.2024 at 09.00 hours, Mr. Gouru Ramesh and his henchmen by name Mr. Nakka Papaiah, Mr. Bantu Yadagiri, Bantu Srinu, Mr. Palla Venkataiah, Mr. Palla Ashok, Mr. Nimmala Ramesh, Mr. Vanam Ramaswamy, Mr. Bonta Pullaiah, Mr, Nimmala Venkanna and Mr. Sakinala Nagaraju, illegally trespassed into the land and when the petitioner questioned them, they threatened the petitioner.

3. Learned Assistant Government Pleader for Home submitted that the further enquiry revealed that in 2003, a suit in O.S. No.118 of 2003 was filed before the learned Senior Civil Judge, Miryalaguda for grant of permanent injunction and another suit in O.S. No.273 of 2014 was filed separate possession of the joint family property. Both the said suits were dismissed and the suit in O.S. No.66 of 1990 instituted by the petitioner is pending. It is submitted that fifteen (15) F.I.Rs. have been registered with Vemulapalli Police Station on the complaints lodged by the petitioner and his two brothers. As the dispute is pertaining to land and as the above said suit is pending, the complaints of the petitioner were closed as ‘civil in nature’ and he was informed to pursue his remedies before the competent civil Court. To that effect, notice dated

01.07.2024 was issued to the petitioner.

4. A copy of written instructions along with the notice dated 01.07.2024 intimating the petitioner about the closure of his complaints is served on the learned counsel for the petitioner.

5. In view of the above, no further orders are required to be passed. The writ petition is disposed of giving liberty to the petitioner to avail appropriate legal remedy, if he is aggrieved by the closure report.

There shall be no order as to costs.

As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed.

______________________ B. VIJAYSEN REDDY, J August 13, 2024 R RK