Citation : 2023 Latest Caselaw 2909 Tel
Judgement Date : 5 October, 2023
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT PETITION No.25169 of 2023
ORDER:
The petitioner claims to be the absolute owner and
possessor of house bearing Municipal No.5-3-34 situated at
Osmanpura, Tulasi Nagar, Nalgonda Town, having acquired the
same under a registered release deed bearing document
No.4804 of 2022 dated 14.07.2022. It is the case of the
petitioner that prior to registration of release deed in favour of
the petitioner, there were civil disputes among the family
members in respect of the said property which led to filing of
O.S.No.29 of 1984 and the same was decreed vide judgment and
decree dated 18.07.1991. Aggrieved by the same, an appeal
vide A.S.No.2307 of 1991 was preferred, which was dismissed
on 07.09.2011. Subsequently, the matter was settled and
properties were partitioned among the family members in the
year 1996.
2. The grievance of the petitioner is that at the instance of
respondent No.6, who is not having any right or title over the
property of the petitioner, respondent Nos.4 and 5 are
frequently calling the petitioner to police station and forcing him
to enter into settlement with respondent No.6 as per the terms
dictated by him.
3. Learned Assistant Government Pleader for Home, on
written instructions, would submit that respondent No.6 has
lodged a complaint against the petitioner and as the said
complaint revealed cognisable offence, a case was registered
vide Crime No.189 of 2023 and only for the purpose of
investigation in the said crime, the petitioner was summoned to
police station, but the respondents police have not interfered
with the civil rights of the petitioner in any manner.
4. In view of the aforesaid submission, the writ petition is
disposed of directing respondent Nos.4 and 5 not to interfere
with the civil disputes 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 Crime No.189 of
2023, the respondents police shall strictly follow the procedure
as prescribed by law.
Pending miscellaneous applications, if any, shall stand
closed. There shall be no order as to costs.
_________________________ C.V.BHASKAR REDDY, J 05.10.2023 JSU
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