Disposed

Maguluru Radha Krishna Kumari v. the State of Ap

Andhra Pradesh HC14 Aug 2020WP/3442/2020

Case brief

AI extract

What is this about?

The High Court issued a direction to the police respondents not to interfere with a civil dispute over agricultural land possession, relying on the concession that the underlying matter is purely civil and the criminal case is closed.

What did the court decide?

Respondents directed not to interfere with the civil dispute; policy not to prevent action on cognizable offences if registered.

Maguluru Radha Krishna Kumari Vs the State of Ap — Landlord and Tenant | Andhra Pradesh HC (2020)

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THE HON’BLE SRI JUSTICE M. SATYANARAYANA MURTHY WRIT PETITION NO.3442 OF 2020

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ORDER :

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This petition under Article 226 of the Constitution of India is filed questioning the action of respondents 3 and 4 in insisting the petitioners to vacate and deliver agricultural lands in an extent of Ac.2.90 ¾ cents and Ac.2.10 cents covered by Sy.No.237 of Kothuru Village, Kaligiri Mandal of SPSR Nellore District at the instance of 6^th respondent in pursuance of pending E.P.No.28 of 2019 in O.S.No.6 of 2003 on the file of learned Senior Civil Judge, Kavali, SPSR Nellore District, declare the same as illegal, irregular, irrational, without any authority of law and violative of Articles 14 and 21 of the Constitution of Indian and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the property by the petitioner.

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Though the petitioners made several allegations against the respondents 3 and 4, while highlighting the pendency of execution proceedings in E.P.No.28 of 2019 in O.S.No.6 of 2003 on the file of learned Senior Civil Judge, Kavali, SPSR Nellore District, for delivery of possession of the property, learned Assistant Government Pleader for Home fairly conceded that on the basis of complaint lodged by the respondents 1 and 2, a case in Cr.No.102 of 2017 was registered against the petitioners for the offences punishable under Sections 427, 447 read with 34 IPC, but finally it was closed, as it is purely civil in nature. Therefore, respondent police have no duty to interfere in civil dispute.

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MSM,J W.P.No.3442 of 2020

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Recording submission of learned Assistant Government Pleader for Home and considering the request made by the petitioners’ counsel Sri Naga Praveen Vankayalapati, respondents 3 and 4 are directed not to interfere with the civil dispute. However, this Order will not preclude the respondent police to take appropriate action in the event of registration of any crime for any cognizable offence.

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Accordingly, Writ Petition is disposed of , at the stage of admission, with the consent of both the counsel.

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As a sequel miscellaneous applications pending, if any, shall also stand closed.

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_________________________________________ JUSTICE M. SATYANARAYANA MURTHY

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Date: 14.08.2020 IS

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MSM,J W.P.No.3442 of 2020

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THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY

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WRIT PETITION NO.3442 OF 2020

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Date: 14-08-2020

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Maguluru Radha Krishna Kumari v. the State of Ap

Case brief

What is this about?

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Maguluru Radha Krishna Kumari v. the State of Ap

Case brief

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