THE HONOURABLE SRI JUSTICE K. LAKSHMAN
WRIT PETITION No.2715 OF 2021
ORDER:
This Writ Petition is filed seeking to declare the action of the respondent Nos.2 to 4 in interfering with the possession of the petitioner in land in Sy.No.90 admeasuring Acs.3.00 gts., situated at Almasguda, Balapur Mandal, Ranga Reddy District, as illegal and arbitrary.
2. With the consent of learned Government Pleader for Home and the learned counsel for the petitioner, this writ petition is disposed of at the admission stage itself.
3. Learned counsel for the petitioner would submit that he is the absolute owner and possessor of Agricultural land admeasuring Acs.3.00 gts., in Sy.No.90 situated at Almasguda, Balapur Mandal, R.R. District. Due to hike in the value of the land, the respondents 3 and 4 are trying to interfere with the possession of the petitioner to grab the land and even attempted to damage the compound wall which was raised by the petitioner. In view of the same, the petitioner approached the 2nd respondent seeking action against the respondents 3 and 4. However, the 2nd respondent, instead of taking action against the respondents 3 and 4, started pressurizing the petitioner to settle the matter and threatened him with dire consequences. The 2nd respondent is calling the petitioner on the one pretext or the other and demanding him to produce the original documents of the property. 2
4. On the other hand, learned Assistant Government Pleader for Home would submit that the Police will not interfere in any disputes including civil disputes without there being any complaint and without registration of any crime against the petitioner and they will follow the procedure under Section 41-A Cr.P.C., and also the guidelines issued by the Hon'ble Apex Court from time to time. He would further submit that if any complaint is received against the petitioner, the police will follow the procedure under Section 41-A Cr.P.C., and also the guidelines issued by the Hon'ble Apex Court in Lalita Kumari v. State of Uttar Pradesh1 and Arnesh Kumar v. State of Bihar and another2.
5. Recording the submission made by the learned Assistant Government Pleader for Home, this Writ Petition is disposed of leaving it open to the 4th respondent to follow the procedure laid down under Section 41-A Cr.P.C., and the guidelines issued by the Hon'ble Apex Court in the judgments in Lalitha Kumari and Arnesh Kumar (supra) in the event of receipt of any complaint against the petitioner. No order as to costs.
Miscellaneous petitions, pending if any, shall stand closed.
_________________ K. LAKSHMAN, J February 05, 2021 KTL 1 2014 (2) SCC 1 2 (2014) 8 SCC 273