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2025 Supreme(Online)(Tel) 16336

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
N.V. SHRAVAN KUMAR, J
Sri. Narsingh Goud – Appellant
Versus
The State of Telangana – Respondent
Writ Petition No.26043 OF 2025



Advocates:
For the Appellants/Petitioners:
For the Respondents: Assistant Government Pleader for Home

Court mandates authorities to act on complaints alleging rights violations under the Constitution, despite ongoing civil disputes.

Headnote:(A) Constitution of India - Article 14 and 300A - Writ petition for declaring inaction of authorities concerning complaints as illegal, arbitrary and high-handed - Directions issued to consider complaints and follow due procedure as per law. (Paras 1, 6)

(B) Civil Disputes - Nature of disputes and existing civil suit pending adjudication - Clarification that police closure of case does not negate civil obligations. (Para 5)

Facts of the case:
The petitioner claimed ownership of agricultural land after family succession and lodged multiple complaints regarding illegal encroachment by another individual.

Findings of Court:
The court ordered that authorities consider the petitioner's representations and take appropriate action under the law.

Issues: The primary issue was whether the police's inaction on the lodged complaints constituted a violation of the petitioner's rights under the Constitution.

Ratio Decidendi: The court emphasized the need for authorities to fulfill their duties and address the petitioner’s issues diligently, irrespective of the ongoing civil suit.

Result: Writ petition disposed of with directions for action on complaints.

Table of Content
1. petitioner seeks legal remedy for inaction on complaints. (Para 1 , 2)
2. background and ongoing property disputes noted. (Para 3 , 4 , 5)
3. court orders consideration of complaints under legal framework. (Para 6)
4. writ petition directed to be concluded with procedural guidance. (Para 7)

ORDER

This writ petition is filed seeking the following prayer:

“…declaring the inaction of the Respondent Nos.2 to 4 in not considering and taking appropriate action on the complaints/representations lodged by the petitioner dated 20.04.2025, 08.07.2025 and 10.07.2025 as illegal, arbitrary, high handed and violative of Article 14 and 300A of Constitution of India and consequently direct Respondent Nos.2 to 5 to consider the Complaint/representations dated 21.08.2025 dispose the same in accordance with law…”

2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing on behalf of respondent Nos.1 to 4. With their consent, this writ petition is taken up for disposal. Notice to respondent Nos.5 to 7 is hereby dispensed with.

3. The facts of the case in brief as stated are that petitioner’s grandmother claims to be absolute owners and possessor of agricultural land to an extent of Ac.0-38 gts., in Sy.No.186/AA of Patti Village, Patancheru Mandal, Sanga Reddy District acquired by way of registered sale deed bearing Doc.No.17916 of 1982 dated 07.04.1982. After the death of petitioner’s grandmother, her three sons inherited the said property. Subsequent thereto, petitioner’s father has become absolute owner of said property due to relinquishment by one of the sons and death of another. It is submitted that one Mr.Vijay Kumar along with his henchmen illegally trespassed into the property and unlawfully erected iron sheets around the land. When the petitioner came to know that the said Mr.Vijay Kumar is claiming as owner of plot No.185 of Patti Village, Patancheru Mandal, Sanga Reddy District, and that petitioner is owner of 186/AA, to avoid ambiguity, petitioner filed application before the Deputy Inspector of Survey, Sanga Reddy District seeking demarcation of land. Pursuant to the same, the Deputy Inspector of Survey conducted survey and categorically confirmed that petitioner land falls in Sy.No.186/AA and not in Sy.No.185. Insptie of that the said Vijay Kumar is trying to encroach the petitioner’s property.

4. Owing to the said acts of Mr.Vijay Kumar, petitioner lodged a complaint before respondent No.4 Police, whereby a Crime in Cr.No.116/2025 was duly registered. The main grievance of the petitioner is that respondent No.4 instead of acting on the complaint of the petitioner, had colluded with the henchmen of Mr.Vijay Kumar and is gaining interest over the petitioner’s property and no action has been taken on the complaint of the petitioner. As such, petitioner has approached Civil Court by instituting a suit in O.S.No.367 of 2025 on the file of Principal Junior Civil Judge, Sanga Reddy District for injunction and an I.A.No.406 of 2025 was filed under Order XXXIX Rules 1 and 2 of C.P.C. seeking interim injunction. Accordingly, the trial Court granted interim injunction. The petitioner also made a representation to Director General of Police, Telangana on 08.07.2025 narrating all the incidents. Thereafter, on 10.07.2025 petitioner lodged another complaint to respondent No.4 with regard to frequent threats from the said Vijay Kumar. However, no action has been taken by respondent Police. Questioning the same, the present writ petition is filed.

5. The Sub-Inspector of Police, BDL Bhanur Police Station has placed a copy of instructions through learned Assistant Government Pleader for Home and would submit that on the complaint of the petitioner dated 20.04.2025, respondent No.4 Police has conducted enquiry and registered a Crime in Cr.No.116/2025 dated 22.04.2025 under Section 329(3), 324(4), 115(2), 351(2) of BNS against respondent Nos.6 and 7. During the course of investigation, respondent

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