APHC010504742023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] THURSDAY, THE NINTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 26217/2023 Between: 1. G BASHU SAHEB, , S/O. G. KAMAL SAHEB, AGED 70 YEARS, OCC. BUSINESS, R/O. D.NO.61/64, BUDAN SAB STREET, RAYACHOTY, ANNAMAYYA DISTRICT, ANDHRA PRADESH. ...PETITIONER A N D 1. THE STATE OF AP, REP. BY THE PRINCIPAL SECRETARY, DEPARTMENT OF HOME, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, KURNOOL DISTRICT, KURNOOL, ANDHRA PRADESH. 3. THE DEPUTY SUPERINTENDENT OF POLICE, , KURNOOL, KURNOOL DISTRICT, ANDHRA PRADESH 4. THE STATION HOUSE OFFICER, IV TOWN POLICE STATION, KURNOBL, KURNOOL DISTRICT ANDHRA PRADESH ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of 'Writ of Mandamus' declaring the inaction on the part of the 2nd respondent in taking action on the written complaint dated 17- 06-2023 submitted by the Petitioner through registered post on 19- 06- 2023, as illegal, arbitrary and violative of Article 14 of the Constitution of India, contrary to the procedure contemplated under Section 154 of Cr.P.C, consequently direct the respondent No.2 to forward the written complaint dated 17-06-2023 submitted by the Petitioner through registered post on 19-06-2023, to the 4th respondent for registration of the crime and conducting investigation in the matter, and pass IA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may SRK, J W.P.No.26217 of 2023 2 be pleased to direct the respondent No.2 to forward the written complaint dated 17-06-2023 submitted by the Petitioner through registered post on 19-06-2023, to the 4th respondent for registration of the crime and conducting investigation in the matter, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. LOKESWARA PASUPULETI Counsel for the Respondent(S): 1. LOKESWARA PASUPULETI Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: SRK, J W.P.No.26217 of 2023 3 O R D E R This Writ Petition was filed seeking the following relief: “…to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the inaction on the part of 2nd respondent in taking action on the written complaint dated 17.06.2023 submitted by the petitioner through Registered Post on 19.06.2023, as illegal, arbitrary and violation of Article 14 of the Constitution of India, contrary to the procedure contemplated under Section 154 of CRPC, consequently direct the respondent No.2 to forwards the written complaint dated 17.06.2023 submitted by the petitioner through Registered Post on 19.06.2023, to 4th respondent for registration of the crime and conducting investigation in the matter and passed such other orders …” 2. Contents of the affidavit filed by the Writ Petitioner, in brief, are that the Writ Petitioner entered into an Agreement of Sale dated 26.04.2021 with one Banala Sreenivasulu Reddy, P.A.Saleem Basha and M.Rammohan Reddy, residents of Kurnool city towards purchase of land admeasuring Ac.4.00 cents in Sy.No.70/2B situated at Kalluru village and Gram Panchayat, Kalluru Mandal, Kurnool District for a total sale consideration of Rs.2.00 crores and the mediator viz. Patan Doulath Khan stood as purchaser No.2; that the Writ Petitioner paid a sum of Rs.15.00 lakhs as part sale consideration to the vendors; that when the Writ Petitioner expressed his willingness to pay the balance sale consideration to the vendors, they evaded to receive the same and execute the Registered Sale Deed in his favour; that the Writ SRK, J W.P.No.26217 of 2023 4 Petitioner learnt that one T.Venkateswarlu is the actual owner, but not the vendors with whom the Writ Petitioner entered into the Agreement of Sale dated 26.04.2021 and that, the said Patan Doulath Khan, in collusion with them cheated the Writ Petitioner. On 17.06.2023, the Writ Petitioner gave report to 4th respondent/ IV Town Police Station, Kurnool, but it was refused on the ground that the dispute is civil in nature and advised him to approach competent Civil Court. The Writ Petitioner sent the written complaint dated 17.06.2023 to the respondent Nos.2 to 4 through Registered Post on 19.06.2023, but till date no action was taken by the respondent Nos.2 to 4. Hence, the Writ Petition. 3. When the matter is taken up for hearing, learned counsel for the Writ Petitioner prays the Court to dispose of, the Writ Petition by granting liberty to approach the appropriate Forum. 4. Recording the said submission, the Writ Petition is disposed of, granting liberty to the Writ Petitioner to approach appropriate Forum for redressal of his grievance. There shall be no order as to costs of the Writ Petition. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition shall stand closed. ____________________ JUSTICE K. SREENIVASA REDDY 9th April, 2026. DNB