IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF JULY, TWO THOUSAND AND ELEVEN PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.4997 of 2009 Between: Sri Erukala Mallesh … Petitioner And Govt., of A.P., rep., by the Chief Secretary Hyderabad & others. … Respondents Counsel for the petitioner: Sri T. Lakshmi Kanth Rao Counsel for respondents 1-3: AGP for Home Counsel for respondents 4-6: None This Court made the following: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.4997 of 2009 ORDER:- This Writ Petition is filed for a Mandamus to declare the inaction of respondent Nos.1 and 2 in taking action against respondent Nos.5 and 6 under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the provisions of the Indian Penal Code, as directed by respondent No.4, as illegal and arbitrary. It is the pleaded case of the petitioner that he is an ex-service man belonging to Scheduled Tribe, that he was allotted land admeasuring Ac.5.00 in Sy.No.336 of Jawaharnagar Village under his ex-servicemen quota and that he has constructed a pig farm and also been running a school, namely; Ekalavya Memorial School for poor children. When disputes regarding the said land arose, the petitioner filed O.S.No.73 of 1998 and obtained an order of injunction. The petitioner alleged that on 13.11.2008, respondent No.5, while working as Tahsildar, Shamirpet Mandal, came to the said land along with the revenue officials and policemen of Alwal police station and demolished the school and houses partially with JCB poclainers without giving any notice to him and that a false complaint was lodged against him for allegedly selling Government land. The petitioner alleged that respondent No.5 has abused him in filthy and vulgar language using his caste name. It is also alleged that on 16.11.2008 at 4.00 p.m. on the instructions of respondent No.5, respondent No.6 along with other policemen have taken the petitioner from his house, kept him in the police lockup, removed his clothes and abused him in vulgar language. The petitioner addressed the National Commission for Scheduled Tribes, New Delhi, which directed respondent Nos.1 and 2 to initiate action vide letter, dated 24.12.2008. As no action has been taken by the respondents, the petitioner filed the present Writ Petition. A counter affidavit is filed by respondent No.6, wherein he has inter alia stated that on receipt of the petitioner’s representation, a detailed enquiry was conducted and enquiry report was submitted to the Commissioner of Police through proper channel on 09.02.2009, who, in turn, forwarded the same to the Collector and Magistrate, Ranga Reddy District, that the enquiry revealed that the claim of the petitioner that he was allotted the land in Sy.No.336 of Jawaharnagar Village, is false, as his name does not figure in the list of 149 allottees or 102 names, which were finalised by the Tahsildar, Medchal and that in the guise of the interim injunction obtained by him in O.S.No.73 of 1998, the petitioner has constructed a building for running a school in the name of Ekalavya Memorial School over an extent of 500 square yards and another building over an extent of 80 square yards with two floors and pits for laying columns in the same survey number were dug. It is further alleged that the petitioner has sold plots in favour of 16 innocent persons, that on 13.11.2008, the revenue officials inspected the Government lands in and around Jawaharnagar Village to stop illegal constructions and encroachments thereof. On noticing that the petitioner raised illegal construction by encroaching the Government land, the Tahsildar lodged a complaint on which the Alwal police registered crime No.481 of 2008 for the offences under Sections 447, 427 IPC and Sections 3 and 4 of the A.P. Land Grabbing Act. It is alleged that as a counter blast the petitioner is trying to use his caste name and has been approaching different fora including the National Commission for Scheduled Tribes, New Delhi. In my opinion, if any offence was committed by the respondents against the petitioner or his property, the latter is entitled to set the law in motion by approaching the appropriate police station and in the event of the police not taking action, the jurisdictional Magistrate with a private complaint. Instead of following this well-established procedure, the petitioner has been approaching fora, such as, National Commission for Scheduled Tribes and the functionaries such as the Chief Minister, the District Collector etc. In the face of the serious allegations against the petitioner that he has encroached the Government land and in order to save himself from these unscrupulous actions, he has been resorting to filing false complaints, this Court is not inclined to grant any direction to the respondents. The petitioner shall always be free to give appropriate report to the police concerned and if they do not take action, he is entitled to approach the jurisdictional Magistrate with a private complaint under Section 190 read with Section 200 Cr.P.C. Subject to the above observations, the Writ Petition is dismissed. As a sequel to dismissal of the Writ Petition, WPMP.No.31898 of 2009 filed by the petitioner for early hearing is disposed of as infructuous. ____________________________ C.V.NAGARJUNA REDDY, J Date: 19.07.2011 ES