IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY THURSDAY, THE 24TH DAY OF APRIL, TWO THOUSAND EIGHT ONLY WRIT PETITION No.4239 of 2008 Between: Sai Sadan Apartment Flat Owner’s Association, Reptd., by its Vice-President-M.Venu Gopal Reddy, S/o.Venkat Reddy, 36 yrs, Flat No.401, Sai Sadan Apartments, New Nallakunta, Hyderabad. … Petitioner And The Commissioner, Greater Municipal Corporation of Hyderabad, Lower Tank Bund, Hyderabad and two others. … Respondents Counsel for the petitioner: Sri Y.Subrahmanyam. Counsel for the respondents: AGP for Home for R.2. This Court made the following: ORDER: This Writ Petition is filed for a Writ of Mandamus to declare the inaction of respondent No.2 in registering the case and investigating into the allegations made by the petitioner-association in its complaint dated 21-11- 2007, as illegal and arbitrary. Heard Sri Y.Subrahmanyam, learned counsel for the petitioner, and the learned Assistant Government Pleader for Home. In the affidavit filed in support of the Writ Petition, it is averred that the members of the petitioner- Association are the owners of the respective flats having purchased the same under registered sale deeds executed by respondent No.3/promoter; that respondent No.3 has been constantly preventing and obstructing the members of the petitioner-association from using the lift, terrace and parking area, which is contrary to Section 28 of the A.P. Apartments (Promotion of Construction and Ownership) Act, 1987; and that unable to bear the said obstructions, the petitioner-association gave the abovementioned complaint to respondent No.2, who failed to register the same and take action. In the counter-affidavit filed by the Sub-Inspector of Police, Nallakunta Police Station, it is averred that on receipt of complaint dated 27-11-2007 an entry was in the General Diary; from the gist of the complaint he was satisfied that the dispute is purely civil and non- cognizable in nature; and, hence, no action was initiated. Under Section 190 read with Section 200 Cr.P.C., the petitioner-association has a right to approach the jurisdictional Magistrate with a private complaint if the complaint filed before the Police is not registered as a crime. The Supreme Court in Aleque Padamsee Vs. Union of India - (2007) 6 SCC 171 - held that a person cannot avail the remedy under Article 226 of the Constitution of India without approaching the jurisdictional Magistrate with a private complaint. In view of the same, the Writ Petition is dismissed giving liberty to the petitioner-association to avail the remedy of filing a private complaint before the jurisdictional Magistrate. ------------------------------------ C.V.NAGARJUNA REDDY,J 24-4-2008 MNR