IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 8532 of 2009 Between: P. Sanjeeva Rao S/o. Chinnaiah R/o. H.No. 18-17, Opp. S.T. Hostel Narsapur, Medak District. ..... PETITIONER AND 1 The Deputy Inspector General , Nizamabad Zone Andhra Pradesh, Hyderabad. 2 The Superintendent of Police Medak District at Sanga Reddy .....RESPONDENTS 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 issue an appropriate writ order or direction more particularly one in the nature of writ of Mandamus to set aside the Proceedings No. G1-11/NR-NZZB/2008 dt. 21-2-2009 and consequently take action against the persons namely (1) Yellapuram Mallaiah S/o. Sailoo (2) Laxminarayana S/o. Sailoo (3) Veeraswamy S/o. Sailoo and (4) Lingaiah S/o. Sailoo R/o. Gudemgadda Village who trespassed into petitioner's land situated at Sy.No. 491 Gudemgadda, Kagazmaddur Village, Narsapur Mandal, Medak District and to pass Counsel for the Petitioner: MR.D.L.PANDU Counsel for the Respondent Nos.1 and 2: GP FOR HOME The Court made the following : ORDER: This writ petition is filed questioning the notice dated 21.02.2009 issued by the Deputy Inspector General, Nizamabad Zone - first respondent. The petitioner herein earlier filed W.P.No.15314 of 2008 before this Court seeking a direction to the first respondent to consider his representation dated 10.01.2008 to take steps against the persons disturbing his peaceful possession of the land in Sy.No.458 of Gudemgudda Village, Kaghaz Maddur, Narsapur, Medak District. This Court disposed of the said writ petition on 03.11.2008 directing the first respondent to consider the representation of the petitioner dated 10.01.2008 and pass appropriate orders in accordance with law expeditiously. The grievance of the petitioner is that the first respondent issued the impugned notice dated 21.02.2009 rejecting his petition dated 10.01.2008 without ascertaining the facts and enquiring into the matter. Heard the learned counsel for the petitioner and the learned Government Pleader for Home. It seems that the petitioner lodged a complaint with the Sub Inspector of Police, Narsapur regarding theft of certain trees, but the Police, Narsapur directed him to get the survey of his lands. Hence, a panchanama was conducted and the lands were demarcated by laying new boundary stones. The petitioner states that certain persons have trespassed into his land and removed the boundary stones. The said facts have been brought to the notice of the Sub Inspector of Police, Narsapur by way of complaint on 14.03.2007 so also on to the Circle Inspector of Police, Narsapur on 09.05.2007 and since no action has been initiated on the same, he also lodged a private complaint before the Judicial Magistrate of First Class, Narsapur on 27.08.2007. By the impugned notice, the petitioner was informed that no action can be taken on his petition for the reasons mentioned therein. In view of the aforesaid facts, it is clear that after conducting necessary enquiry only the first respondent informed the petitioner by the impugned notice that no action could be taken on his petition. If the petitioner is aggrieved by the said order, the appropriate remedy for him is to take steps under the penal laws/Code of Criminal Procedure and no relief can be granted by this Court in this writ petition under Article 226 of the Constitution of India. The writ petition fails and the same is accordingly dismissed. N.V.RAMANA,J Date: 24.04.2009 va/msv