Kakati Laxminarayana vs The State Of Telangana
2023 Latest Caselaw 3038 Tel

     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

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.

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