Mr. Kandula Mallaiah v. The State Of Telangana
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[ 32e61 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (SPecial Original Jurisdiction) FRIDAY, THE TWENTY NINTH OAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION NO: 34974 0F 2023 Between:
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Mancherial District y,Lixt',11'-y.i':'il,1j'i.?&i?X:',xx'"Hfi1il:^[H";'P;""nY .....PETITIONER AND The State of Telangana, Rep by its Principal Secretary' Home' Secretariat Building, HYderabad TheStationHouseofficer.P'SRamakrishnapur,MancherialDistrict .....
RESPONDENTS Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith' the High Court may be pleased to issue a appropriate writ' order or orders' more particularly one in the nature of writ of mandamus to the respondents in not arresting and protecting the property of the petitioners in sy no'3 of the petitioners land extent is 0 26 gte twenty six guntas equalent hectares 0'26 bounded by north Nala' south' vendor land , east, Road, west , purchaser own land in crime no' 243123 dated 14'122023 against the complaint given by the petitioner dated 14'12-2023 is illegal arbitraryandviolationofArt2l,300Aofconstitutionoflndiatherebydirectthe respondent no.
2 to arrest and protect tte property of the petitioners in sy no'3 of the petitioners land extent is 0'26 gte twenty guntas' I.A.
protect the property of the petitioner land In sy. no.3 to an extent is 0.26 gte twenty six guntas pending disposal of the writ petition. Counsel for the Petitioner : SRI POCHAIAH DORISHETTI Counsel for the Respondents : AGp FOR HOME The Court made the following ORDER
THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.34974 OF 2023 ORDER:
This Writ Petition, under Article 226 of tt.e Constitution of India, is filed seeking the following relief: '...to issue an appropriate writ, order or orders, more particularty one in the nature of writ of mandamus to the respondents in not arresting and Protecting ttr€ property of the petitioners in survey No.3 of the petitioner's land to an extent of Ac.O-26 guntas, bounded by North:Nala, South:Vendor land, East:Road, West;purchaser own land in Crime No.243123' date-d 14.12.2023 against ttre complaint given by the petition€r, dated 14.12.2023, as arbitrary, illegal and violation of Articles 21 and 3OO-A of the Constitution of India thereby direct respondent No 2 to arrest and protect the property of the petitioners in Survey No.3 of the petitioners..."
2.
Heard learned counsel for the petitioner and appearing for the learned Assistant Government for Home respondents.
3.
The grievance of the petitioner is that though basing on his complaint, dated, 14.12-2023, respondent No 2 has registered a case in Crime No.243 of 2023 on the file of Ramakrishnapur Police Station, Mancherial District, for the offences punishable under Sections 447, 294 (b) and 5O6 read with 34 IPC, he is not conducting fair and proper investigation to arrest the accused persons and to protect tlrc petitioner's I I property.
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Learned Assistant Government pleader for Horne, on instructions, would submit that basing on the complaint of the petitioner, respondent No.2 has already registered a case and took up investigation. [earned counsel further submitted that if sufficient time is granted to respondent No.2, respondent No.2 would complete the investigation and file charge sheet / final report in the subject crime.
5.
In view of the said submissions, this Court deems it appropriate to dispose of the Writ petition directing respondent No.2 to complete the investigation in Crime No.24S of 2023, d,ated 14.12.2023 on the file of Ramakrishnapur police Station, Mancherial District, and hle charge sheetf iinal report within a period of threc (3) months tiom the date of receipt of a copy of this order.
6.
With the above observations, the Writ petition is disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
SD'-A.V.S. PRASAD ASSISTANT REGISTRAR //TRUE COPY/'
ul SECTION OFFICER To {. The Principal Secretary' Home' Secretariat Building' State of Telangana at a'T[:""'Ji1"[8""'iag1l6liE'-[f, t'Jf i]1fl g,u?s"J]"it1ru""ffi '" Hvderabad. [OUI
4. ij["cci; di Foin'iun Dorishetti' Advocate [oPUCl 5 Two CD CoPies sA d,.'s
HIGH COURT DATED:2911212023 tle srAr€ { o (') -f, 0 5 JNi 202{
ORDER
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WP.No.34974 ot 2023 ;--:.=:;:--.J'
DISPOSING OF THE W.P WITHOUT COSTS.
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