Dismissed

Banala Sanjeeva Reddy and another v. The State of Telangana and 6 others

Telangana HC14 Dec 2020WP/15347/2020

Case brief

AI extract

What is this about?

Petitioners challenge police actions regarding their agricultural land via Writ Petitions under Article 226 and Order VII Rule 11 CPC. The Court dismissed the writ petition, noting the core issue is police interference in civil proceedings. Any grievances regarding unauthorized land surveys are left for separate legal remedies.

What did the court decide?

The Writ Petition was dismissed without costs.

Banala Sanjeeva Reddy and another Vs The… — Civil Procedure and Limitation | Telangana HC (2020)

¶1

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

¶2

(Special Original Jurisdiction)

¶3

TUONDAY ,THE FOURTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY

¶4

PRESENT

¶5

THE HONOURABLE SRI JUSTICE P. NAVEEN RAO

¶6

WRIT PETITION NO: 15347 OF 2020

¶7

Between:

¶8

Banala Sanjeeva Reddy, S/o.Venkatram Reddy, aged 62 years, Occ.Agriculture, R/o.Naspur Colony, Coal Chemical Complex, Mancherial Town and District., Presently Residing at lncherla (V), Mulugu (lt/) and District.

¶9

Banala Venkata Ramana, S/o.Venkatram Reddy, aged 36 years, Occ.Agriculture, R/o.Naspur Colony, Coal Chemical Complex, I/ancherial Town and District., Presently Residing at lncherla (V), Mulugu (M) and District.

¶10

...PETITIONERS

¶11

AND

¶12

The State of Telangana, Home Department, Rep. by its Principal Secretary, Secretariat, BRK Bhavan, Tank Bund, Hyderabad.

¶13

The Superintendent of Police, Mulugu District.

¶14

Circle lnspector of Police, Mulugu Police Station, lVlulugu town and District.

¶15

Sub-lnspector of Police, Venkatapur PS, Venkatapur, lvlulugu District.

¶16

The Tahsildar, Venkatapur [Mandal, Mulugu District.

¶17

The Deputy lnspector of Surveyor and Land Records, lt4ulugu.

¶18

Thailam Goutham Sagar, S/o.lMahender, aged 38 years, Occ.Business, R/o.jangalapalli (V), Mulugu Mandal and District.

¶19

...RESPONDENTS

¶20

Petition under Article 226 ol lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ of Mandamus or any other appropriate writ / direction declaring the action of Respondents 3 and 4 herein in calling the petitioners to police station frequently, confining then in the PS and pressurizing/ harassing them to sign blank papers agreeing to vacate and deliver vacant possession of their respective agriculture lands admeasuring Ac.1.36 Guntas in Sy.No.1864/1l1/ oo (New), 18641111 (Old) Ac.1 .28 Guntas in Sy.No.1864/1/2/ eD (New), 186411121 (Old) and Ac.1.07 Guntas in Sy.No.1B64i1 /er(New), 1864/1 (Old) (Total extent Ac.4-31 guntas) AND an extent of 4c.0.22 Guntas in Sy.No.1865/1/o (New), 1865/1 (Old), Ac.1 .22 Guntas in Sy. No.'1865/1/dal1 (New), 1865/1 (Old), Ac.1.23 Guntas in Sy.No.1865/1/do11 (New), 1865/1 (OId), Ac.0.22 Guntas in Sy.No.1865/1/a/1 (New),1865/1 (Old), Ac.0.22 Guntas in Sy.No.1865/1fll1 (New), 1865/1 (Old) (Total extent Ac.5.09 Guntas) and Ac.0.'18 Guntas in Sy.No.1865/1/eo (New), 1865/1 (Old) situated at Venkatapur Village and Mandal, I/ulugu District in favour of Respondent No.7 herein as illegal, unjust, besides violative of Article 21 of the Constitution of lndia, consequently direct the respondents herein not to interfere with the life and liberty of the petitioners herein in any manner.

¶21

lA NO:^'t OF 2020

¶22

Petition under Section 151 CPC^praying that in the circumstances statedⁱⁿ the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents 3 and 4 herein not to call the^petitioners to^police station and not to harass them in any manner in order to vacate and deliver vacant possession of their respective subject agriculture lands admeasuring Ac.1.36 Guntas in Sy.No.1864/'1l1/es(New), 18641111 (Old), Ac.1.28 Guntas in Sy.No.1864/1/2/er(New), 18641112 (Old) and Ac.1.07 Guntas in Sy.No.1864/1&:, (New), 1864/1 (Old) (Total extent Ac.4-31 guntas) AND an extent of Ac.O.22 Guntas in Sy.No.1865/1h>(New), 1865/1 (Old), Ac.1.22 Guntas in Sy.No.1865/1 /41 (New), 1865/1 (Old), Ac.1.23 Guntas in Sy.No.1865/1/tdl (New), 1865/1 (Old), Ac.0.22 Guntas in Sy.No. 1B65/1f{1 (New), 1865/1 (Old), Ac:0.22 Guntas in Sy.No.1865/1/d,/1 (New), 1865/1 (Old) (Total extent Ac.5.09 Guntas) and Ac.O.18 Guntas in Sy.No.1865/1 /@(New), 1865/1 (Old) situated at Venkatapur Village and Mandal, Mulugu District in favour of Respondent No:7 in the interest of^justice.

¶23

lA NO: 2 OF 2020

¶24

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents herein not to conduct survey of the petitioner's lands admeasuring Ac.1.36 Guntas in Sy.No.1864/1/1,t>(New), 18641111 (Old), Ac.1.28 Guntas in Sy.No.1864/1/2,q9(New), 18641112 (Old) and Ac.1.07 Guntas in Sy.No.1864/1/ea(New), 1864/1 (Old) (Total extent Ac.4-31 guntas) AND an extent of Ac.O.22 Guntas in Sy.No.1865/'1lco(New), 1865/1 (Old), Ac.1 .22 Guntas in Sy.No.1865/1/&/1 (New), 186511 (Old), Ac.1.23 Guntas in Sy.No.1865/1#dl (New), 1865/1 (Old), Ac.O.22 Guntas in Sy.No.1865/1/rl-l1 (New), 1865/1 (Old), Ac.0.22 Guntas in Sy.No.1865/1/do/1 (New), 1865/1 (Old) (Total extent Ac:5.09 Guntas) and Ac.O.18 Guntas in Sy. No:1865/1/ez (New), 1865/1 (Old) situated at Venkatapur Village and Mandal, Mulugu District in favour of Respondent No.7 in the interest of justice.

¶25

Counsel for the Petitioner : SRI JITHENDER RAO VEERAMALLA

¶26

Counsel forthe Respondent Nos.1 to 4: AGP FOR HOME

¶27

Counsel for the Respondent Nos.5 & 6: GP FOR REVENUE

¶28

Counsel for the Respondent No.7:----

¶29

The Court made the following: ORDER

¶30

_) _

¶31

HONOURABLE SRI JUSTICE P.NAVEEN RAO

¶32

WRIT PETITION NO.15347 of 2O2O

¶33

ORDER:

¶34

Heard learned counsel for the petitioners and learned Assistant Government Pleader for Home.

¶35

This writ petition is fi1ed by the petitioners praying to grant the following relief :

¶36

'..... declaring the action of Respondents 3 & 4 herein in calling us to police station frequently, confining us in the PS and pressurizing/ harassing us to sign blank papers agreeing to vacate and deliver vacant possession of our respective agriculture lands admeasuring Ac. 1.36 guntas in Sy.No.1864/1/1/A (New), 1864/1ll {Old), Ac.1.28 guntas in Sy.No.186al1/2/A (New) 1864ll/2 (Old) and Ac.1.07 guntas in Sy.No. 1864/1/A (Neu,) 1864/1 (Old) (Total extent Ac.4.31 guntas) AND an extent of Ac.O.22 guntas in Sy.No. 1865/1/A (New) 1865/1 (Old), Ac.1.22 guntas in Sy.No. 1865/1/EE/1 (New) 1865/ 1 (Old), Ac.1.23 guntas in Sy.No. 1865/1/Ui 1 (New) 1865/ 1 (OId), Ac.0.22 guntas in Sy.No.1865/ I i E/ 1 (New) 1865/ 1^(OId), Ac.0.22 guntas in Sy. No. 1865/1/RU/1 (New) 1865/ I (OId) (Total extent Ac. 5.09 guntas and Ac.o.18 guntas in Sy.No. 1865/1/A (New) i865/1 (Old) situated at Venkatapur Village and Mandal, Mulugu District in favour of Respondent No 7 herein as illegal, unjust......"

¶37

On the allegation of petitioners that respondent-police are interfering in civil disputes, in the counter affidavit deposed by the Superintendent of Police, Mulugu District, it is asserted that the said contention is not valid and that police are not interfering in civil disputes. It is also stated that Cr.No.82 of 2O2O was registered against the petitioners under Section 447, 29O, 323, 506 r/w.Section 34 of Indian Penal Code and police are investigating into the said crime and notice under Section 4 1-A of Code of Criminal Procedure was also issued to the petitioners.

¶38

-J

¶39

Learned counsel for the petitioners is satislied with the response given by the Superintendent of Police in the counter affidavit and states that petitioners do not intend to prosecute the writ petition. However, he sought to contend that the respondents are also undertaking conducting of survey, as if petitioners made a request, but they never made request for conducting of survey.

¶40

The issue in the writ petition is only with reference to interference of police in civil disputes. If petitioners have any grievance regarding allegation of conducting survey without their knowledge or requisition, it is open to them to work out their remedies as available in 1aw.

¶41

With the above observations, the Writ Petition is dismissed. Pending miscellaneous petitions shall stand closed.

¶42

SD/-B.SATYAVATHI ASSISTANT REGIST ,TRUE COPY// SECTIO FFICER

¶43

To,

¶44

One CC to Sri Jithender Rao^{Veeramalla, Advocate} [OPUC]

¶45

Two CCs to GP for Home,^{High Court for the State of Telangana} at Hydbrabad. [OUT]

¶46

Two CCs to GP for Revenue,^{High Court for the State of Telangana} at Hyderabad^(OUT)

¶47

Two CD Copies

sm 'Jr-

HIGH COURT

DATED:1411212020

ORDER

WP.No.15347 ot 2020

1t{ E STA r€
1
q ^'(v
f,
C
30 DEC 2m$
o
f
* (O
oE)^p.ATC

¶55

DISMISSING THE WP

¶56

WITHOUT COSTS

¶57

@ -q.^\1-!-O

Banala Sanjeeva Reddy and another v. The State of Telangana and 6 others

Case brief

What is this about?

What did the court decide?

Banala Sanjeeva Reddy and another v. The State of Telangana and 6 others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

C.B.Chandrakala Vs Smt. Chitra Ramachandran, Ias.

Hussain Bin Ali Vs The State of Telangana and 9 Others

G. Naganna Vs The State of Andhra Pradesh and 20 Others

V.A.S. Padma Latha Vs The State of Telangana and 4 others

P. Usha Goud and 5 Others Vs The State of Telangana and 7 Others

Kasipurarn Narayana Goud Vs State of Telangana and 7 others