THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.22101 OF 2017

ORDER

This writ petition is filed seeking for the following relief:

“to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of 3rd Respondent in not taking the action against the 4th and 5th Respondent pursuant to the complaint made by me on 21-06-2017 as illegal, unjust and consequently direct the 3rd Respondent not to harass the petitioner to settle the account with the 4th Respondent and to pass”.

2. Heard Mr.K.Durga Prasad, learned counsel for the petitioner and Mr.R.Laxmikanth Reddy, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 3.

3. The sum and substance of the prayer of this writ petition is that the respondents have not taken action upon the representation, dated 21.06.2017, filed by the petitioner.

4. Learned Assistant Government Pleader for Home appearing for respondents would submit that the writ petition is per se not maintainable in terms of the law laid down in the case of Sakiri Vasu Vs State of Uttar Pradesh¹, therefore, prayed to dismiss the petition.

5. It is by now well settled that, 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 Pradesh² 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. Thus, leaving open to the petitioner to avail appropriate jurisdiction in regard to the complaint dated 21.06.2017.

6. 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.

________________ N.TUKARAMJI, J Date:08.09.2025 AQS