PURRA DANAIAH Vs. STATE OF TELANGANA
LAWS(APH)-2019-3-83
HIGH COURT OF ANDHRA PRADESH
Decided on March 14,2019

Purra Danaiah Appellant
VERSUS
State of Telangana Respondents


Referred Judgements :-

LALITA KUMARI VS. GOVT. OF U.P. [REFERRED TO]


JUDGEMENT

P. Naveen Rao, J. - (1.)Petitioner claims that he, his brother and sisters are the lawful owners and possessors of house site admeasuring 1000 square yards in Madigala Grama Kantam of Kukatpalli village. He raised temporary sheds. However, neighbouring pattadar in Sy.No.528 was aiming to grab this piece of land even though he sold the entire extent of land owned by him in the said survey number. O.S.No.131 of 2008 filed by him was dismissed by the Additional Junior Civil Judge, Kukatpally vide judgment and decree dated 27.04.2015. However, he instigated the others and O.S.No.221 of 2018 is filed, pending in the V Additional Junior Civil Judge, Kukatpally, and obtained injunction order. Alleging that illegal construction is made in the land belonging to him, he filed complaint before the Station House Officer, Kukatpally on 12.01.2019. Alleging inaction on the said complaint, this writ petition is filed.
(2.)In the prayer petitioner sought that action of Police in not registering the crime reported by him on 12.01.2019 is contrary to the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'Act, 1989'), and the principle laid down by the Supreme Court in Lalita Kumari Vs. Government of Utter Pradesh, 2014 2 SCC 1 and sought for consequential directions.
(3.)However, on perusal of complaint dated 12.01.2019, it is seen that there is no mention of violation of the provisions of the Act by the persons mentioned therein, but what is alleged is illegal encroachment and construction in their Grama Kantam land by relying upon false sale deed and trying to encroach their land. Further, no material is placed on record in proof of filing of said complaint. Though representation was made to the District Collector-cum-Magistrate-cum-Chairman, Review Committee, Medchal-Malkajgiri district on 05.01.2019, wherein protection under Section 17 of the Act, 1989 was also sought, but no relief is sought on the said representation in the writ petition.
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