IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WEDNESDAY, THE 23rd DAY OF APRIL, TWO THOUSAND EIGHT ONLY WRIT PETITION No.692 of 2008 Between: Illendula Krishnamachari. … Petitioner And Superintendent of Police, Karimnagar District, Karimnagar and three others. … Respondents Counsel for the petitioner: Sri K.Venumadhav. Counsel for the respondents: AGP for Home for R.1 and R.2. This Court made the following: ORDER: This Writ Petition is filed for a Writ of Mandamus to declare the action of respondents 1 and 2 in not registering FIR against respondents 3 and 4 on the complaint filed by the petitioner on 24-11-2007, as illegal and unconstitutional. Heard Sri K.Venumadhav, learned counsel for the petitioner, and the learned Assistant Government Pleader for Home for respondents 1 and 2 and perused the record. From the facts borne out by the record, it is clear that there is a dispute between the petitioner and respondents 3 and 4 in connection with an extent of 600 Sq. yards of land in Survey No.738 of Chaitanya Nagar, Metpally Town, Karimnagar District. On the allegation that respondents 3 and 4 trespassed into the said land and dismantled a part of compound wall on 23-11-2007 at 10-30 PM., the petitioner filed a complaint before respondent No.2 on 24-11-2007. The grievance of the petitioner is that respondent No.2 has not registered the said complaint so far as a criminal case. In the counter-affidavit filed by respondent No.2, it is averred that the petitioner’s complaint was received and the preliminary enquiry made into the same revealed that demolition of compound wall was made by the Municipal authorities of Metpally under notice dated 29-8-2007 for construction of compound wall in violation of the provisions of the Municipalities Act and, hence, no case has been registered. Having considered the respective stands reflected in the pleadings and heard the arguments of the learned counsel for the petitioner, I am of the view that the petitioner has an effective remedy of approaching the jurisdictional Magistrate under Section 190 read with Section 200 Cr.P.C., if the Police have not registered the complaint. (See the decision of the Supreme Court in ALEQUE PADAMSEE Vs. UNION OF INDIA – (2007) 6 SCC 171). In view of the same, the Writ Petition is dismissed with liberty to the petitioner to file a private complaint. --------------------------------------- C.V.NAGARJUNA REDDY,J 23-4-2008 MNR