THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.11548 OF 2016

ORDER

This writ petition is filed seeking for the following relief:

“to issue a Writ Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.3 in not registering the crime against the 4th respondent who is failed to register the land in Plot No.9, Sy.No. 315 and 316 at Peace City, Shaikpet, Hyderabad as illegal, arbitrary and violative of principles of natural justice and consequently to direct the respondent No.3 to register the crime against the respondent No.4 U/sec. 403, 405, 420, 423, 425 and 447 of IPC and also punishable under Land Grabbing Act”.

2. None appears for the petitioner.

3. Heard Mr.R.Laxmikanth Reddy, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to3. 4. The sum and substance of the prayer of this writ petition is that the respondent police authorities have not taken any action upon the representations, dated 20.10.2014 & 18.08.2015, filed by the petitioner.

5. Learned Assistant Government Pleader for Home appearing for respondents would submit that there was no such representation.

6. Howsoever, this Court in Govind Raju Sami Vs The State of Telangana and others, 2019 (4) ALD 174, has held that in the event of respondent/police authorities refuse to register FIR/Crime, the petitioner has the efficacious alternate remedy under the Code of Criminal Procedure, 1973 / Bharatiya Nagrik Suraksha Sanhita, 2023, to seek redressel of his grievance and invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India without exhausting the alternative remedy is contrary to the dictum laid down in the case of Sakiri Vasu Vs State of Uttar Pradesh, 2008 (2) SCC 409 and the recent decision of the three Judge Bench of the Hon’ble Supreme Court in the case of M.Subramaniam and Ors. Vs. S. Janaki and Ors, (2020) 16 SCC 728, fortified the dictum laid down in the case of Sakiri Vasu supra and held that the writ of mandamus cannot be

issued directing the respondent authorities to register FIR / Crime even though the complaint indicates the commission of an offence. 7. In view of the settled position of law, the prayer of the petitioner is not permissible. Accordingly, this writ petition is dismissed reserving the right of the petitioner to avail appropriate remedies available under law. No costs.

Pending miscellaneous applications, if any, shall stand closed.

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N.TUKARAMJI, J Date:13.08.2025 AQS