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THE HON'BLE SRI JUSTICE B.VIJAYSEN REDDY
WRIT PETITION No. 8019 OF 2021
O R D E R:
Grievance in the Writ Petition is that Respondent No. 5
- Station House Officer, I Town, Gandhi Chowk, Nizamabad has not acted upon complaint of petitioner dated 25.02.2021 (wrongly mentioned as 04.02.2021). Petitioner states that he is absolute owner and possessor of land admeasuring Ac.1.00 in Survey No. 337, Vinayak Nagar, Nizamabad Shivar having purchased the same under registered sale deed dated 14.06.2016. Petitioner was issued mutation orders vide proceedings dated 21.06.2016. He applied before the authorities concerned for survey of land. Panchnama was conducted on 24.06.2019. Petitioner states that he received a call from IV Town Police, Nizamabad to appear before police in connection with complaint lodged against him by one Sri M.A. Samad. After receiving such complaint, petitioner found that Respondents 6 to 16 have created false and fabricated documents. Petitioner lodged a complaint before Respondent No.4 to freeze six documents based on which unofficial respondents are falsely claiming title to subject property. Consequently, it appears, Sub-Registrar had issued notice dated 07.03.2020 to unofficial respondents to come forward for cancellation of sale deeds executed by them, but they did not turn up. After obtaining legal advice, Sub-Registrar lodged a complaint with P.S., I Town, Nizamabad.
Learned Assistant Government Pleader submits that on receipt of complaint from Sub-Registrar, FIR No. 111 of 2021 was registered for the offences under Section 420 IPC. and Section 2 82 of Registration Act and investigation is being conducted. However, learned counsel for petitioner submits that his client's grievance is separate from that of Sub-Registrar. It is stated that unofficial respondents are trying to grab the property of petitioner to extract money and also trying to trespass into his property by indulging in blackmailing.
This Court is of the opinion that Respondent No.5 - Station House Officer ought to have conducted preliminary enquiry pursuant to complaint dated 25.02.2021 submitted by petitioner without reference to FIR No. 111 of 2021 registered pursuant to complaint lodged by Sub-Registrar.
In the circumstances, Writ Petition is disposed of directing Respondent No.5 - Station House Officer to act upon complaint dated 25.02.2021 lodged by petitioner and take appropriate action in accordance with law without reference to FIR No. 111 of 2020. No costs.
Now, learned Assistant Government Pleader submits that petitioner was already informed vide notice dated 15.10.2021 that FIR No. 111 of 2021 was lodged and his complaint dated 25.02.2021 was closed. However, this Court is of the view that complaint of the petitioner dated 25.02.2021 should have been separately inquired by following the judgment of the Supreme Court in Lalitha Kumari v. State of U.P.1.
Consequently, miscellaneous Applications, if any shall stand closed.
_________________________ B.VIJAYSEN REDDY,J 09th November 2021 ksld 1 (2014) 2 SCC 1 3 4 5 Learned counsel for the petitioners submits that his clients instructed him not to press the contempt case.
Recording the above submission, the contempt case is closed as not pressed.
Miscellaneous petitions, if any, pending shall also stand closed.