THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY
WRIT APPEAL No.519 of 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of an order dated
15.09.2021 passed by the learned Single Judge in
W.P.No.22292 of 2021 filed by the present appellants.
The facts of the case reveal that the writ petition was
preferred under Article 226 of the Constitution of India for
issuance of an appropriate writ, order or direction stating that
respondent Nos.2 to 4 are trying to interfere with the peaceful
possession of the writ petitioners/appellants. It was also brought to the notice of the learned Single Judge that the petitioners have also filed a civil suit i.e., O.S.No.66 of 2015 and the same is pending.
Learned Single Judge was informed by the learned Government Advocate that merely because a criminal case has been registered against the petitioners, they have impleaded the Station House Officer also as a respondent in the writ petition.
Undisputedly, a case was registered as Crime No.200 of 2021 for the offences under Sections 341, 448 and 506 of the IPC against the writ petitioners/appellants. The learned Single Judge has disposed of the writ petition. 2
In the considered opinion of this Court, the order passed by the learned Single Judge does not warrant any interference. In case the writ petitioners/appellants are having any threat of dispossession, they are certainly free to file an application for grant of injunction in the civil suit, which is pending since 2015 in respect of the same property. In case the appellants are making allegations against the Station House Officer, they can certainly prefer a complaint, if so advised. This Court does not find any reason to interfere in the order passed by the learned Single Judge.
The appeal is dismissed accordingly. The miscellaneous petitions pending in this appeal, if any, shall stand dismissed. There shall be no order as to costs.
_____________________________ SATISH CHANDRA SHARMA, CJ _________________________ A.RAJASHEKER REDDY, J 25.10.2021 ES