In a recent decision, the court turned down a request for police help during a land survey. The person asking, Shaik Ahmed Raziuddin, wanted the police to assist with a survey on his land in Katedan Village, but the court said no.
Shaik Ahmed Raziuddin asked the court to make the police protect his land, which is 3.03 acres, during a survey. He said the police ignored his earlier request from April 25, 2016.
"…to issue an appropriate Writ, Order or Direction… declaring the action of the respondents… as illegal, arbitrary and unconstitutional…"
Justice N. Tukaramji explained that the police didn't act because there was no order from a court that could give such directions. The court noted that if the police don't register a complaint, Shaik Ahmed Raziuddin should first use other options under the laws that deal with criminal procedures.
The court mentioned past decisions by the Supreme Court, like in the Sakiri Vasu case, which say that asking the high court for help isn't the right way to go if the police don't register a complaint. Instead, Shaik Ahmed Raziuddin should talk to a Magistrate.
"…a writ petition under Article 226 is ordinarily not maintainable when the grievance pertains to the non-registration of an FIR…"
The court turned down the request, saying it wasn’t the right kind of request because there were no special reasons. Shaik Ahmed Raziuddin can still try other legal options if needed.
