Telangana High Court
Vadthyavath Gopal Naik vs The State Of Telengana on 8 September, 2023
Bench: C.V. Bhaskar Reddy
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..."
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.
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
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
