This writ petition challenged police inaction in not registering a case under the AP Prevention of Dangerous Activities of Goondas Act regarding forcible land entry. The High Court held the allegations did not attract the Act and the petition was devoid of merits.
No declaration and no costs.
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THE HON'BLE MR JUSTICE K.C. BHANU
WRIT PETITION NO : 16552 of 2005
DATED: 13.09.2005
Between:
Ch.Bhima Rao s/o.v.Thavitanna,
R/o.P.F.Colony, Plot No.46, Chinnamushirivada, Pendurthi Mandal, Visakhapatnam District and another.
… PETITIONERS
AND
The Commissioner of Police, Visakhapatnam, Visakhapatnam District and others.
… RESPONDENTS
ORDER:
Seeking a declaration that the inaction of the first respondent-Commissioner of Police, Visakhapatnam, in registering a case against respondents 2 to 4, who have forcibly entered into the land in Plot No. 56 in S.No.105 situated at Chinnamushirivada, Pendurthi Mandal, Visakhapatnam, is arbitrary and illegal, this writ petition is filed.
Party-in-person contended that he has given a complaint on 18.02.2005 to the first respondent with a request to take action against respondents 2 to 4 under the Andhra Pradesh Prevention of Dangerous Activities of Boot Leggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic offenders and Land Grabbers Act, 1986 (for short “the Act”), but no action is initiated against them till now.
As seen from the allegations in the complaint, dated 18.02.2005, none of the allegations attracts the provisions of the Act. Therefore, the petitioner is indulging in speculation. If the petitioner is aggrieved by the forcible action of respondents 2 to 4, the remedy of the petitioner is otherwise.
Therefore, the writ petition is devoid of merits and the same is accordingly dismissed. No costs.
13.09.2005
sh
1 issue framed by the court
Whether the writ petition challenging police inaction in registering a case is maintainable and meritorious.
Ch.Bhima Rao s/o.v.Thavitanna
The Commissioner of Police, Visakhapatnam
K.C. BHANU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
