This writ petition challenged police interference with agricultural land subject to a pending civil suit. The court rejected the plea, noting the absence of a civil court injunction and the duty of police to investigate registered crimes.
None granted. The Writ Petition was dismissed.
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.
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAO (Special Original Jurisdiction)
MONDAY. THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE DR, JUSTICE SHAMEEM AKTHER
WRIT PETITION NO: 6503 OF 2022
Between:
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ of l,4andamus declaring that the interference of the 3rd respondent police Gopalpet, with the possession and enjoyment of petitioner and his share holders over the Agriculture lands bearing Sy.No. 66, 68/1E, 163/1A, 163/1/AA, 104/1A and 256/44 10 an extent of Ac. 0.23 gts, 00.05 gts, 02.10 gts, 00.35 gts, 00.28 gts and 00.19 gts respectively situated at Tadiparthy Village of Gopalpet Mandal, Wanaparthy District, which is subject matler in OS.No 291 of 2021 pending in the Court of Junior Civil Judge at Nagakurnool against the respondents 4-8, as illegal, amounts to interfering with judicious process of compelent civil court, without jurisdiction, and unconstitutional and consequently direct the respondenls.l-3 not to interfere with the said lands of petitioner involved in civil litigation.
lA NO: 1 OF 2022
PetitionunderSection 151 CPC prayingthat in the circumstances statedin the affidavit filedin support of the petition, the High Court may be pleased to direct the respondents 1-3not to interferewith the said lands of petitioner involvedin civil litigation,inrectof Agriculturelands bearingSy No 66' 68/1E' 163/1A'163/1/AA' 164/1A and256/4A to an extent of Ac.0'23 gts' 00 05 gts' 02 10 gts'00 35 gts' 00 28 I gts and 00.19gts respectivelysituatedat Tadiparthy Villageof GopalpetMandal' WanaparthyDistrict, of thepetitioner whichis subject matterin OSNo 291of 2021 pending in the Court ofJunior CivilJudge at Nagakurnool againstthe respondents4- 8,pending disposal of the above writ petition'
Counselfor the PetitioneriSRI V' HANUMANTH RAO
Counsel for theRespondents:GP FOR HOME
The Courtmadethe following:ORDER
i
t
THE HON'BLE Dr, JUSTICE SHAMEEM AKTHER
WRIT PETITION N 0.6503 0F 2022
ORDER
This Writ Petition, under Article 226 of the Constitution of I nd ia, is filed by the petitioner, wherein the followingprayeris
made:
"...to issue writ of lvlandarnus declaring that the interference of the 3'd respondent Police Gopalpet, with thepossession and enjoyment ofpetitioner and his share holders over the Agriculture lands bearlng Sy.Nos,66, 68/1E, 163/1A, 763/llAA, L64/lA, and 256/AA to an extent of Ac.0.23gts, 00,05gts, 02.10 gts, 00.35 gts, 00.28gts and 00,19gtsrespectively, situated at Tadiparthy Village of Gopalpet Mandal, Wanaparthy District, which is sub.lect matter in O.S.No.291 of 2021pending in the Court of Junior Civil .ludge at Nagakurnool against the respondents 4-8, as illeqal, amounts to interfering with judicious process oF competent clvil court, without jurisdiction and unconstitutional and consequently direct the respondents 1-3 not to interfere with the said lands ofpetitioner involvedin civil litigatlon and topass such order or other orders..."
2
Gopalpet Police Station, Wanaparthy District, was registered against the petitioner and seven others for the offences under Sections 447, 427 and 504 r/w 34 of IPC and investigation into the same crime is in progress.
Miscellaneous Petitions, if any, pending in this Writ Petition
shall stand closed. There shall be no order as to costs.
SD/-M.MANJU LA ASSISTANT REGISTRAR //TRUE COPY// GD SECTION OFFICER
To,
1 One CC to SRI V. HANUIVANTH RAO Advocate IOPUCI 2 T.wg CCs to qP FOR HOI\4E, High Court for the Stare of ietangana at Hyderabad. [OUT] J Two CD Copies. 4 One spare copy. NPJ BS
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HIGH COURT
DATED:07/0212022
ORDER
WP.No.6503 of 2022
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DISMISSING THE WRIT PETITION
WITHOUT COSTS.
(ry!* bCI, rgv
3 issues framed by the court
Whether the Writ Petitioner can restrain the police from investigating a crime in a land dispute pending in a Civil Court.
Whether police interference in possession of land invited by a criminal complaint is illegal.
Whether a Justices injunction can be issued in the absence of an interim order from the civil court.
1 provisions across 1 enactments
Uppari Sattaiah
The State of Telangana
Superintendent of Police
Station House Officer
Uppari Jogu Beesamma
Telugu Jajala Sreenu
Dr. Shameem Akther
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
