The Court held that the petitioner has efficacious remedies in civil court and under Cr.P.C. for alleged trespass. Consequently, the writ petition challenging inaction of official respondents was dismissed with no order as to costs, leaving the matter for appropritate legal forums.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT FOR THE STATE OF TELANGANA (Special Original Jurisdiction)
TUESDAY ,THE FIFTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY ONE
PRESENT
THE HONOURABLE SRI JUSTICE T.AMARNATH GOUD
WRIT PETITION NO: 8950 OF 2021
Between:
S.tt4uralidhar Rao, S/o Shivarama Rao, Age.65 Years, Occ. Retd Employee,R/o Flat No G-1, Padmavathi Plaza,Thirumala Nagar, Moula-Ali,Hyderabad,[/edchal Malkajgiri District
...PETITIONER
AND
The Tahsildar, Shaligouraram lr/andal,NalgondaDistrict
...RESPONDENTS
Petition under Article 226 of lheconstitutionof lndia prayingthat in the circumstances stated in theaffidavitfiled therewith,the High court may be pleased to issue an order, directionparticularly one in the nature of writ of l,4andamusor any other appropriate order/orders declaringthe inaction of the respondent No.4 to 6 io take action against theunofficial respondents basingon the Petitioners representation Dt.24-03-2021 ,24-11-2020to stop the illegal constructionof the house in their own landi.e., bearing H.No2-48and 2-49 admeasuring Ac.O-l8 guntas of N.G.Kothapalli Village of shaligouraramIt/andal, as well as inactionof the 7th Respondent to register a caseagainstthe unofficialiespondents basing on the complaint Dt .04-12-2020isillegal,arbitrary andu ncon stitutiona Iand CONSEQUENTLY direct the 6threspondenttotake action basing the representation Dt.24-03- 202'1FURTHER direct the 7th Respondent to registerFIR basing on the complaint made bythe Petitioner on 04-12'2020 against the unofficial respondents for their illegal encroachmentsin theirlands
IA NO: 1 OF 2021
Petition under Section 151 CPCpraying thatin the circumstances stated in the affidavit filed in support of thepetition, the High Courtmay be pleasedto direct the 6th respondent to take action basing the representationDt.24-03-2021 on the illegal constructions made by the unofficial respondents inH.No2-48and 2-49 admeasuring Ac.0-18guntas, N.G. Kothapally Village,ShaligouraramIr/andal pending disposal of the above writ petltion
lA NO: 2 OF 2021
Petition under Section 151 CPCpraying that in the circumstances statedin the affidavit filed in support of thepetition, the High Court may bepleased toreceive the documents representations 241312021 and411212020made by the petitionersto the respondents
Counsel for the Petitioner: SRl. G L NARASIMHA RAO
Counsel for the Respondents No 1 and 3: GP FOR PANCHAYAT RAJ RURALDEV (TG)
Counsel for the Respondents No 2 and 5: GP FOR REVENUE
Counsel for the Respondents No 4 and 6: SRI G NARENDER REDDY, SC FOR ZPPIMPP
Counsel for the Respondent No 7: GP FOR HOME
The Court made the following: ORDER
THE HON'BLE SRI JUSTICE T. AMARNATH GOUD
WRIT PETITION No.8950 of 2021
OttDER:
This writ petition is l'iled seeking to declale the inaction ol respondents 4 lo 6 on the representations, dated 24.03.2021and :+. i 1.2020 ol'the petitiorrer to stop the illegal constructions madeb1' the unot'f-rcial respondents, and the further inaction of respondent No.7 orr the complaint, dated 04.12.2020 made by thepetitioneragainst the r"rnofficial respondents, as itlegal and arbitrary and consequently direct the official respondents to take action on his representationsas well as r;r, the cornplaint made agairrst the unofficial respondents.
Heard both sides.
Having heard learned counsel for both sides, this Courtis ofthe vir:u' that the petitioner ls hai,ing an efficacious letnedyol' approaching the Civil Court seeking appropriate reliefagainst the r.irrofficial respondents, if they are making constructions by trespassing irrto his property. At the same time, thepetitioner isalso havins. elficacious remedy by invoking theprovisions undel Cr.P.C. in the event, if Police are not registering any case onhis complaint against the trespass alleged to have been made by theunofficialrespondents inf r:r his land.
In view ofthe above, this writ petition is disrnissed' No order
as to costs.
Pending miscellaneousapplications,if any' shall stand closed'
ASSrsrANr SD/.K.VENKAIAHlflj]B //TRUE COPY//
SECTION OFFICER
To,
HIGH COURT
DATED:1510612021
ORDER
WP.No.8950 of2021
HE Sra 14:
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DISMISSINGOF THE WRIT PETITION
WITHOUT COSTS
X'v'
2 issues framed by the court
Whether the petitioner has an efficacious remedy in civil court to seek relief against trespassers on his property.
Whether the petitioner can invoke Cr.P.C. provisions to challenge police inaction in registering a case against alleged trespassers.
S. Turalidhar Rao
The State of Telangana
District Collector, Nalgonda
B. Bikshamaiah
T. AMARNATH GOUD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
