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Judgment
Cheekati Manavendranath Roy, J
This Writ Petition for a mandamus is filed to declare the action of the 3rd respondent in not registering crime on the basis of the report lodged by the petitioner, dated 09.05.2022, against unofficial respondents 4 to 6 regarding trespass made by them in the land covered by Survey No.377/2E, 377/2F in an extent of Ac.2.47 cents of Kalluru Village, as illegal and consequently, sought direction to the respondents 2 and 3 to register the said report as a crime against the unofficial respondents 4 to 6.
Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing for respondents 1 to 3. As this Writ Petition is being disposed of on the ground of its maintainability, notice to unofficial respondents 4 to 6 is dispensed with.
The limited grievance of the writ petitioner is that the report lodged by him on 09.05.2022 with the 3rd respondent Station House Officer, IV Town Police Station, Kurnool, regarding trespass made by the unofficial respondents 4 to 6 into his land, was not registered as a crime.
Learned Assistant Government Pleader for Home, on instructions, would submit that the petitioner and the unofficial respondents 4 to 6 belong to one family and there is a civil dispute pertaining to the said land in question between them and the report lodged by the petitioner does not disclose commission of any cognizable offence as the unofficial respondents 4 to 6, who are claiming right over the said land, entered the said land and as such, no crime was registered on the basis of the said report lodged by the petitioner.
Learned counsel for the petitioner would submit that the mother of the petitioner executed a registered gift deed in his favour and as such, he got title over the said property and the unofficial respondents 4 to 6, even though they are the family members of the petitioner, cannot occupy the said land.
The facts of the case clearly show that the unofficial respondents 4 to 6, who belong to the family of the petitioner, are claiming right over the land in question. Thus, there is a dispute relating to the ownership of the said land between the petitioner and the unofficial respondents 4 to 6. So, the dispute is essentially of a civil nature. Therefore, it cannot be said that there is any inaction on the part of the 3rd respondent in registering the crime on the basis of the report lodged by the petitioner. If at all, the petitioner got any grievance that unofficial respondents 4 to 6 are interfering with his right over the said land, which he got on the basis of the registered gift deed executed by his mother, he has to approach the civil Court for redressal of his grievance either for declaration of his title over the said proprty on the basis of the said registered gift deed or for a decree of permanent injunction restraining the unofficial respondents 4 to 6 from interfering with his right over the said property, after establishing his title over the said property. The said civil dispute cannot be converted into a criminal litigation.
Therefore, the Writ Petition is disposed of with a direction to the petitioner to approach the competent civil Court for redressal of his grievance against the unofficial respondents 4 to 6. No costs.
Consequently, miscellaneous applications, pending if any, shall also stand closed.