Telangana High Court
Smt Rahimunnisa vs The State Of Telangana on 11 January, 2024
HON'BLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION No.990 of 2023
ORDER:
This writ petition is filed seeking the following relief:-
"...to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus by declaring the action on the part of the official respondents more particularly respondent No.5 in interfering into a civil matter of the petitioner herein and causing interference into her peaceful possession and enjoyment of her property by calling her to the police station under the influence of the unofficial respondent No.6 herein despite the fact that the petitioner is holding decree and Judgment in her favour as illegal, arbitrary, high handed and amounts to dereliction of duties on the part of the respondents, consequently direction may be given to the respondent No.5 not to call the petitioner to the police station and not to harass her without there being any justification..."
2. The petitioner claims to be the owner and possessor of house bearing municipal No.1-11-207/A admeasuring 52.15 square yards situated at Shamala Building, 2 CVBR, J Wp_990_2024 Begumpet, Secunderabad, having purchased the same through registered sale deed bearing document No.4338 of 2013, dated 29.07.2013. It is the further case of the petitioner that when respondent No.6 is interfering with her peaceful possession and disputed her title over the subject property, she was constrained to institute a suit vide O.S.No.334 of 2017 on the file of the XIX Additional Senior Civil Judge, City Civil Court, Secunderabad and after contest the said suit was decreed vide judgment and decree, dated 18.08.2023. The grievance of the petitioner is that at the instance of respondent No.6, who is the defendant in the said suit, respondent No.5 is frequently summoning her to the police, confining her for hours together and forcing her to enter into a settlement/ compromise with respondent No.6 as per the terms dictated by him.
3. Learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 5, on instructions, would submit that as on date no complaint has been lodged by respondent No.6 or any person against the petitioner and if 3 CVBR, J Wp_990_2024 any complaint is lodged against the petitioner and if the same discloses cognizable offence, the police will take appropriate action in accordance with law.
4. In view of the above said submissions, this Court, deems it appropriate to dispose of the writ petition, directing respondent Nos.1 to 5 not to interfere with the civil rights of the petitioner, in any manner, except in accordance with law.
5. With the above observations, the 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 11.01.2024 gkv 4 CVBR, J Wp_990_2024