Disposed

Godishala Rajendar v. The State of Telangana

Telangana HC10 Oct 2023WP/21518/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed by an alleged landowner seeking a direction to register an FIR and stop dispossession. The Court held that the petitioner sought the closure report which was closed as being civil in nature, thus directing the Inspector of Police to furnish a copy of the closure report to the petitioner. Pending miscellaneous applications were closed with no costs.

What did the court decide?

Directed the Inspector of Police, Bhupalapally to furnish a copy of the closure report to the petitioner.

Godishala Rajendar Vs The State of Telangana — Property and Title | Telangana HC (2023)

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[^32e6 ]

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HIGH COURT FOR THE STATE OF TELANGANA ni HvoERaeao

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(Special Original J urisdiction)

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TUESDAY, THE TENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HON'BLE SRI JUSTICE C. V. BHASKAR REDDY

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WRIT PETITION NO: 21518 OF 2023

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Between:

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Godishala Rajendar, S/o. Mallaih, Aged about 38^YearsOcc Agriculture, F/o. Gorlaveedu Village Bhupalpally Mandal,^Jayashankar Bhupalpally District. .PETITIONER

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AND

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'1 . The State of Telangana, Rep. by its Principal Secretary, Home Department, Secretariat Buildings, Hyderqbad.

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The Superintendent of Police, SP Office, Jayashankar^{BhupalapallyDistrict...} 3. The lnspector of Police, Bhupalapally^{Police Station, Jayashankar Bhupalpally} District.

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The Sub lnspector of Police, Bhupalapally Police^Sation ,^Jayashankar Bhupalpally District.

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Gollapalli Swamy, S/o. Rajaiah, age.^{43 yearsOccu. Driver, Gorlaveedu} Village, BhupalapallymandalJayshankarBhupalapally.

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...REspoNDENTS

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Petition under Article 226 ot the Constitution^{of lndia prayingthat in the}

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circumstances stated in the affidavit^{filedtherewith,} the^{High Court maybe} pleased to issue an appropriate writ, order oi direction more^{particularly onein} the nature of Writ of Mandamus declaring^{the action of the respondents for} supporting / cooperating to the unofficial^{respondents to dispossessthe} petitioner from land in Sy No. lo1Ql3ll ll,admeasuring Ac. 0.5^guntas situated at Gorlaveedu Village, Bhupalpally Mandal, Jayashankar Bhupalpally^Districtand for not registering of the FIR of the complaint daled 23-07^{-2023is null and void} and contrary to law, consequently direct the respondents^{to register an FIR for} applicable sections under IPC for tlespassing^{by consideringthe complaint dated} 23-07 -2023 and further consequently^{direct the respondentsto not to dispossess} the petitioners from the said^land

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lA NO: 1 OF 2023

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed rn support of the petition, the High Court may be pleased to direct the respondents not to dispossess the petitioner and not to threaten him to vacate the land forthwith pending disposal of the main writ petition

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Counsel for the Petitioner: SRI MANDALA NAGENDRA BABU

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Counsel for Respondent Nos. 1 to 4: GP FOR HOME

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Counsel for Respondent No. 5: ---

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The Court made the following: ORDER

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THE HON'BLE SRI JTUSTICE C.V. BHASKAR REDDY

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WRIT PETIT .2L 2

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ORDER:

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This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitionqr, seeking the following relief:

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"...to /ssue an appropriate w[it, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents for supporting/@operating to the unofficial respondents to dispossess the petitioner from land in Sy. No.lOOO/i/1/ 1, admeasuring Ac.0.5 guntAs situated at Gorlaveedu Village, Bhupalpally Mandal, Jayashqnkar Bhupalpally District and for not registering of the FIR of the complaint dated 23-07-2023 is null and void and contrary to law, consequently direct the respondents to register an FIR for applicable sections under IPC for trespassing by considering the complaint dated 23-07-2023 and further consequently direct the respondents to not to dispossess the petitioners from the said land..."

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The petitioner claims to be owner and possessor of land admeasuring Ac.0.5gts in Sy1No.1000/3ll/l situated at Gorlaveedu Village, Bhupalpally Mandal, Jayashankar Bhupalpally District, having purchased the samb under registered sale deed dated Ol.O4.2O2l. It is further case of the petitioner that basing on the said sale deed, revenue aUthorities mutated his name in the revenue records and also issued pattadar passbook No.T2401003{308 in his favqur. It is further case of the petitioner \r

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that when the respondent No.5 and others interfered with his peaceful possession and enjoyment over the said lands, he was constrained to file a civil suit vide O.S.No.105 of 2021 on the file of Principal Junior Civil Judge, at Parkal and the said Court also granted ad interim injunction in I.A.No.203 of 2021. It is further case of the petitioner that he also lodged a complaint dated 23.07.2023 against the respondent No.5 but till date, no action has been taken.

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The learned Assistant Government Pleader for Home has submitted that soon after receipt of the complaint of the petitioner, the respondent No.3 made G.D entry and conducted preliminary enquiry, wherein it was revealed that there are civil disputes between the petitioner and respondent No.5 and as such, the complaint of the petitioner was closed as "civil in nature" and the closure report was also sent to the petitioner through registered post.

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The learned counsel for the petitioner has submitted that the petitioner has not received the copy of closure report and therefore, sought a direction to the respondent No.3 to serve copy of closure report to the petitioner to enable him to avail the remedies available under law.

if
I

In view of the above submissions, this Writ petition is disposed of directing the respondent No.3 to furnish a copy of closure report to the petitioner to enable him to avail the remedies as available under law.

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As a sequel, miscellaneous applications pending if any in this writ petition, shall stand closed. No costs.

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//TRUE coPY//

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SD/. A.V.S.PRASAD ASSlsrANr^neelspl

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SECTION^OFFICER

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To,

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1 The lnspector^{of Police, Bhupalapally Police Station' Jayashankar Bhupalpally} District. 2.3. Two ffi'C'C ccs to Sri^{to GP Mandala Nagendra For no.", 'riigitS;;i;iih; BabuAdvocate st"td [OPt'|clof relbnsana loUTl} 4. Two CD^CoPies MBC OtW-

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HIGH COURT

DATED: 1011012023

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ORDER

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WP.No.21518 of 2023

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DISPOSING OF THE WRIT PETITION

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WITHOUT COSTS

Godishala Rajendar v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Godishala Rajendar v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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