THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.10131 of 2010 Date: 29.6.2010 Between: Smt.Vasam Tulasamma(Surrendered Naxalite) Ram Nagar, Nalgonda District. ………...Petitioner. And The Director General of Police, Hyderabad, Andrha Pradesh and others. …… Respondents. THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.10131 of 2010 ORDER: This writ petition has been filed by Smt.Vasam Tulashamma seeking a mandamus declaring the inaction of the respondents 1 to 3 on her compliant dated 21.3.2010 against the fourth respondent - T.Lakshmi Narayana, as illegal and arbitrary. The case of the petitioner is in brief as follows: The petitioner, a farmer naxlite, surrendered before the Superintendent of Police, Nalgonda in the year 1995. The Government issued G.O.Ms.No.429, dated 05-10- 1996 for sanction of exgratia to the victims of extremist violence and towards damages caused and rehabilitation to surrendered extremists. As per the said G.O., the petitioner submitted an Application before the authorities concerned for sanction of financial assistance to her and an amount of Rs.3,36,692/- has been sanctioned to her favour for purchase of Commander Jeep under surrendered extremists rehabilitation scheme. She purchased a jeep and gave it to the fourth respondent on lease on a monthly rent of Rs.15,000/-. The fourth respondent paid the rentals amount up to 2005 regularly and thereafter committed the default in paying rentals. The fourth respondent gave a cheque to the petitioner for Rs.5,30,000/- towards rental due and on presentation of the same for encashment, it came to be dishonoured. Therefore, the petitioner filed a private complaint before the Judicial Magistrate of First Class, Nalgonda, for the offence punishable under Section 138 of the Negotiable Instruments Act, and the learned Magistrate took the complaint on file as C.C.No.49 of 2008 and issued summons to the fourth respondent. As the fourth respondent failed to respond to summons, NBW came to be issued against him. It is the case of the petitioner that the fourth respondent attacked her husband at Hyderabad in the month of December, 2009 and caused injuries to him, and, thereupon, she presented a complaint to the police on 21.3.2010 regarding the said incident. There being no action on the complaint, she approached this Court invoking jurisdiction under Article 226 of the Constitution of India. When the writ petition came up for admission, the learned Assistant Government Pleader for Home, on instructions, reports that the petitioner filed a private complaint against the 4th respondent before the Judicial Magistrate of First Cass, Nalgonda and the learned Magistrate took the case on file as C.C.No.49 of 2008 and the same is pending trial. Heard learned counsel appearing for the petitioner and the learned Assistant Government Pleader for Home appearing for the respondent 1 to 3. As seen from the material on record, the dispute between the petitioner and the 4th respondent is in respect of rental amounts payable by the 4th respondent to the petitioner for taking the vehicle from the petitioner on hire. The petitioner filed a cheque bouncing case and the same is pending trial. If the petitioner is still aggrieved by the inaction of respondents 1 to 3, on the complaint submitted by her on 21.3.2010, she is at liberty to file a private complaint regarding the said incident before the competent Court. In view of the serious civil disputes between the parties, this is not a fit case to give any direction to respondents 1 to 3 in exercise of the powers under Article 226 of the Constitution of India on the basis of the complaint allegedly filed by the petitioner against the 4th respondent. Accordingly, the Writ Petition fails and the same is hereby dismissed. No costs. ______________________________________ JUSTICE B. SESHASAYANA REDDY Date:29.6.2010 mrb