Sri Anugu Sudhakar Reddy vs The State Of Telangana
2021 Latest Caselaw 309 Tel

      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.

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

2014 (2) SCC 1

(2014) 8 SCC 273