High Court disposed of a writ petition challenging police interference in a pending land dispute. The court recorded the respondent's denial of interference and directed future police action must be legal.
Writ petition disposed; direct that any future police action shall be in accordance with law; pending miscellaneous petitions closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE C.PRAVEEN KUMAR
WRIT PETITION No. 22496 of 2016
ORDER :
The present Writ Petition came to be filed seeking to issue a writ of mandamus declaring the action of respondent No.3 in interfering with civil dispute in respect of land admeasuring 1912 square yards in Survey No.190/A situated at Edulauram Village, Khammam Rural Mandal, Khammam District despite pendency of Original Suit Nos.172 of 2016 and 344 of 2013 on the file of the Senior Civil Judge, Khammam, as illegal and arbitrary.
2. Heard the learned counsel for the petitioners and the Assistant Government Pleader for Home for the State of Telangana appearing for the respondents. At the request of both the counsel, the Writ Petition is being taken up for disposal at the stage of admission.
3. The case of the petitioners is that their ancestor Gugulothu Manchiya was the original owner of subject land in survey No.190/A situated in Edulapuram Village, Khammam Rural Mandal and Khammam District, and in a partition among the family members effected before the Lok Adalat, Khammam, petitioner No.1 was allotted 696 square yards and petitioners 2 and 3 were allotted 608 square yards each, in the said survey number. It is their further case that as some third parties were creating
problems on the ground that their father allegedly alienated part of the land, petitioners 2 and 3 filed Original Suit No.172 of 2016 on the file of the Senior Civil Judge, Khammam for declaration of title and permanent injunction and one Smt. Banothu Aruna filed Original Suit No.344 of 2013 before the same Court, and both the suits are pending. It is their grievance that at the instance of local real estate persons, respondent No.3 is interfering with the possession of the petitioners over the subject land and pressurizing them to settle the alleged diputes.
4. Learned Assistant Government Pleader appearing for the respondents, on instructions, states that the averments in the Writ Petition with regard to interference of respondent No.3 with civil disputes are false and that the respondents are not interfering in civil disputes.
5. Recording the said statement, the Writ Petition is disposed of making it clear that any action taken by the police shall be in accordance with law. Miscellaneous petitions pending, if any, in the Writ Petition shall stand closed in the light of this final order. No order as to costs.
______________________ C.PRAVEEN KUMAR, J
12.07.2016 DRK
THE HON’BLE SRI JUSTICE C.PRAVEEN KUMAR
W.P.No.22496 of 2016
12.07.2016
Petitioner
Assistant Government Pleader for Home
State of Telangana
Respondent No.3
C. Praveen Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
