HON'BLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION No.28115 of 2023
ORDER:
This writ petition is filed seeking the following relief:- "...to pass an order or writ more particularly in the nature of mandamus duly declaring the action of respondent Nos.4 and 5 in interfering in the civil disputes in regard to property Ac.4.00 in Sy.No.253/A situated at Vengannapalem Village, Gundepudi Panchayat, Julurpadu Mandal, Bhadradri-Kothagudem District as forcing them to settle the matter with the private respondents herein as illegal, arbitrary and against the principles of natural justice..."
2. It is the case of the petitioners that they are rightful owners of the land admeasuring Ac.4.00 in Sy.No.253/A situated at Vengannapalem Village, Gundepudi Panchayat, Julurpadu Mandal, Bhadradri-Kothagudem District. It is the further case of the petitioners that when respondent Nos.6 and 7 are interfering with their possession and claiming rights over the subject property, they have instituted a suit vide O.S.No.12 of 2021 on the file of the Agent to Government, Bhadradri-Kothagudem and the said 2 CVBR, J Wp_28115_2023 suit was dismissed on 10.05.2023. Aggrieved thereby, the petitioners filed A.S.No.260 of 2023 before this Court and this Court suspended the judgment and decree in O.S.No.12 of 2021, therefore, the petitioners have claimed that they are in possession of the property. The grievance of the petitioners is that at the instigation of respondent Nos.6 and 7, respondent No.4 is interfering with the civil disputes, frequently summoning the petitioners to the police station and forcing them to enter into a settlement with respondent Nos.6 and 7 as per the terms dictated by them.
3. Learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 4 has submitted that on the complaint lodged by respondent No.7 a case in Crime No.110 of 2023 has been registered against the petitioners for the offences punishable under Sections 143, 427, 447, 294-B and 506 read with 149 of I.P.C. and for the purpose of investigation only the petitioners were summoned to the police station and the respondents-police are not interfering with the civil rights of the petitioners in any manner. 3
CVBR, J Wp_28115_2023
4. In view of the said submissions, this Court deems it appropriate to dispose of the writ petition directing respondent No.4 not to interfere with the civil disputes pending between the petitioners and respondent Nos.6 and 7 in any manner and if the presence of the petitioners is required for the purpose of investigation in the above crime, respondent No.4 is directed to follow due procedure in law.
5. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs.
6. As a sequel, the miscellaneous petitions pending, if any, shall stand closed.
________________________________ JUSTICE C.V.BHASKAR REDDY 10.10.2023 gkv