THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

WRIT PETITION No.2482 of 2025

ORDER

Heard learned counsel for the petitioner and learned Assistant

Government Pleader for Home appearing for respondent Nos.1 to 3. With their consent, this writ petition is being taken up for disposal at the admission

stage.

2. This writ petition is filed aggrieved by the action of the 3rd respondent in not registering a criminal case against the respondent Nos.4 and 5 in pursuant to the police complaint dated 23.01.2025 as illegal, improper, unjust, arbitrary and contrary to law and consequently, seeking a direction to respondent No.3 to register a criminal case against the

respondent Nos.4 and 5.

3. The brief facts of the case are that the petitioner claims to be the absolute owner and possessor of land admeasuring Ac.1-00 guntas in Sy.No.257 and 261 situated at Hemajipur Revenue Village, Balanagar, Mandal, Mahaboobnagar District and the respondent No.4 who is a neighbour land owner approached him and requested to purchase his agricultural land admeasuring Ac.0-03 guntas in Sy.No.261 situated at Hemajipur village, Balanagar Mandal, Mahaboobnagar District for a sale consideration of Rs.5,00,000/- and pursuant to the same, the petitioner and respondent No.4 entered into agreement of sale dated 22.12.2021 and paid

total sale consideration of Rs.5,00,000/-, thereafter, the respondent No.4 offerred to sell Ac.0-01 guntas in Sy.No.257 apart from Ac.0-03 guntas in Sy.No.261, as such the petitioner and respondent No.4 entered into another agreement of sale dated 17.02.2022 and agreed for a total sale consideration of Rs.6,40,000/- and the petitioner paid the said amount. It is further submitted that respondent No.4 offerred to sell another Ac.0-02 guntas in Sy.No.257 apart from the land as agreed under agreement of sale dated 17.02.2022 as such the sale consideration was enhanced to Rs.9,00,000/- and the same was paid by the petitioner, thereafter respondent No.4 having executed sale deed in favour of the petitioner in respect of Ac.0-02 guntas in Sy.No.257/u- aa/3/1/1/1/1/1/1/2 vide registered sale deed document No.1178 of 2024 dated 20.05.2024 refused to execute sale deed in respect of remaining land in favour of petitioner, while the matter stood thus, the respondent No.5 trespassed into the subject property, erected barbed fencing wire around the subject property with a view to knock away the property and deprive the legitimate rights of the petitioner over the subject property. It is further submitted that the respondent Nos.4 and 5 in collusion with each other refused to execute the sale deed, as such petitioner constrained to file complaint dated 23.01.2025 with respondent No.3 with a request to take necessary action against respondent Nos.4 and 5. However, respondent No.3 neither acknowledged the receipt of the said complaint nor initiated any action against the respondent Nos.4 and 5. Questioning the same, the present writ petition is filed.

4. Learned Assistant Government Pleader appearing for Home has submitted the written instructions submitted by Station House Officer, Balanagar Police Station, Mahaboobnagar District wherein it is submitted that on 13.02.2025, the petitioner came to police station and lodged a complaint stating that the Sri Rathlvath Hari Chander and Sri Rathlavath Ravi have erected compound wall through land of the complainant vide Sy.No.257. It is submitted that based on the above complaint, 3rd respondent made a G.D.entry on the same day i.e., on 13.02.2025 and for the purpose of enquiry visited the scene of offence, caused enquiries about the allegations made in the complaint, examined and recorded the statements of two witnesses and further addressed a letter to the Thahsildar, Balanagar Mandal seeking information regarding the ownership particulars of the disputed land in which wall was erected by Sri Rathlvath Hari Chander and Sri Rathlavath Rai and the Thahsildar has not issued report and ownership certificate till now. It is