IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 21209 of 2007 Between: 1 Geeda Gopal reddy @ Gopaiah S/o.Venkata Narsaiah R/o.Kachikallu Village, Nellikuduru Mandal, Warangal District. 2 Geeda Pavan Kumar S/o.late Abbaiah R/o.Kachikallu Village and Mandal, Warangal District. ..... PETITIONER(S) AND 1 The Station House Officer, Police Station, Kesamudram, Warangal, Warangal District. 2 The Superintendent of Police, Warangal, Warangal District. 3 The Tahsildar, Kesamudram, Warangal, Warangal District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in taking action against the persons claiming to be workers of political parties of Communist Party of India and Communist of Party of India (MARXIST) who are trying to enter upon the lands of the petitioners covered by Sy.No.256/2 to an extent of Ac.0-22 gts situated at Kesamudram village and Mandal, Warangal District, in pursuance of the programme given by their Leaders at State Level known as Bhuporatam as the same is illegal, arbitrary and consequently direct the respondents to take such suitable steps which are necessary to take action against the perpetrators of the offence of encroachment and causing damage to it and pass suchother order or orders. Counsel for the Petitioner:MR.A.PRABHAKAR RAO Counsel for the Respondent No.: GP FOR HOME The Court made the following : Order: In this Writ Petition, petitioners have questioned the inaction of the respondents-Police authorities in acting upon the complaint filed by them on 20th September, 2007. On 20th September, 2007, the petitioners herein filed a complaint against one Dasari Parwathalu and six others alleging that those persons themselves formed into unlawful assembly and trespassed into their private patta land admeasuring Ac.0-22 guntas covered by Survey No.256/2 situated in Kesamudram Village and Mandal, Warangal District, and erected huts and fixed CPI Party flags. It is the grievance of the petitioners that in spite of their lodging a complaint, so far no action has been taken by the respondents. The first respondent-Station House Officer, Kesamudram Police Station, Warangal District, has filed counter-affidavit stating that on receipt of petitioners’ complaint dated 20-07-2007, a case was registered in Crime No.102 of 2007 for the alleged offences punishable under Sections 447 , 294 r/w 34 IPC and investigation was taken up. It is also stated that in the process of investigation, six witnesses were examined, accused 1 to 6 were arrested and remanded to judicial custody. It is further stated that after completion of investigation, a final report as contemplated under Section 173 of the Criminal Procedure Code has also been filed before the Judicial I Class Magistrate, at Mahabubabad, on 14th August, 2007, and the same is yet to be taken on file by the said Magistrate. In view of registration of Crime and further investigation having taken up pursuant to petitioners’ complaint dated 20th September, 2007, it cannot be said that no action has been taken by the respondents on the complaint of the petitioners. Inasmuch as it is stated in the counter-affidavit that final report has already been filed, no further direction need be issued. The Writ Petition is, accordingly, closed. No costs. ___________________ (R.Subhash Reddy, J) 18th February, 2008 lur ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Police Station, Kesamudram, Warangal, Warangal District. 2 The Superintendent of Police, Warangal, Warangal District. 3 The Tahsildar, Kesamudram, Warangal, Warangal District. 4. 2CCs to the Govt.Pleader for Home. 5 2CD copies