HON'BLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION No.17847 OF 2023
ORDER:
This writ petition is filed seeking the following relief:- "...to issue An order, direction or writ more particularly one in the nature of writ of mandamus declaring the action of the respondents more particularly respondent No.5- police in interfering with the civil dispute by demanding the petitioner and called to the police station on 04.07.2023 at 4:00 p.m. and threatened the petitioner to cancel the registered sale deed bearing document No.6295 of 2014, dated 17.09.2014 and to register in favour of respondent No.6 and further threatening the petitioner to withdraw the E.P.No.1364 of 2022 on the file of the IX Additional District Judge at L.B.Nagar, and harassing the petitioner also in interfering with the personal life in connection with the said civil dispute and finally without adopting the due process of law as arbitrary, illegal, unlawful, unreasonable, unjust without any section of law, unwarranted and violative of fundamental rights guaranteed under Articles 19 and 21 of the Constitution of India..." 2
CVBR, J Wp_17847_2023
2. The case of the petitioner is that he has entered into an agreement of sale, dated 27.10.2014, with respondent No.6 for purchase of the land admeasuring Ac.5.13 guntas in Sy.Nos.61/A3, 56/A1, 55/A3, 55/A2, 52/EE, 51/RU, 50/EE, 49/EE2, 62/A4 and 47/UU situated at Raviryala Village, Kondurg Mandal, Ranga Reddy District. It is the further case of the petitioner that when the said agreement of sale is not materialised the petitioner has instituted a suit vide O.S.No.87 of 2017 on the file of the I Additional District Judge, Mahabubnagar and after contest, the said suit was decreed vide judgment and decree, dated 18.02.2021, thereafter the petitioner filed E.P.No.255 of 2021 on the file of the Principal District Judge, Mahabubnagar, seeking execution of the judgment and decree in O.S.No.87 of 2017. It is the further case of the petitioner that pending execution proceedings, at the instigation of respondent No.6, respondent No.5 is interfering with the civil dispute calling the petitioner to the police station and made him to sit hours together and also forcing him to settle the civil dispute with respondent No.6 as per the terms dictated by him.
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CVBR, J Wp_17847_2023
3. On 11.07.2023, this Court, while granting interim order directing respondent No.5 not to interfere with the civil disputes between the petitioner and respondent No.6 in any manner, directed the learned counsel for the petitioner to take out personal notice to respondent No.6. Learned counsel for the petitioner has submitted that in compliance of the said directions, notice has been taken out to respondent No.6 and even after receipt of the said notice, no appearance is entered on behalf of respondent No.6.
4. A counter affidavit has been filed by respondent No.4 stating that acting on the complaint of respondent No.6 a case in Crime No.82 of 2023, dated 07.07.2023 was registered against the petitioner and others for the offences punishable under Sections 406, 420, 447, 427, 504 and 506 read with 34 of I.P.C. and they have conducted investigation and the same is pending for filing of appropriate report before the concerned Court.
5. In view of the above submissions, this Court deems it appropriate to dispose of the writ petition directing respondent No.5 not to interfere with the civil dispute 4 CVBR, J Wp_17847_2023 pending between the petitioner and respondent No.6 in any manner and if the presence of the petitioner is required for the purpose of investigation in the above crime, respondent No.5 is directed to follow due procedure of law.
6. With the above observations, the Writ Petition is disposed of. No costs.
7. As a sequel, the miscellaneous petitions pending, if any, shall stand closed.
________________________________ JUSTICE C.V.BHASKAR REDDY 08.09.2023 gkv