Disposed

Sangi Shetty Butchi Babu and 2 Others v. The State of Telangana and 12 Others

Telangana HC9 Feb 2022WP/6950/2022

Case brief

AI extract

What is this about?

A writ petition challenging the High Court issued under Article 226 of the Constitution of India. The petitioners alleged that police officers interfered in a family civil dispute, coerced them to relinquish claims to joint property, and detained the 1st petitioner's wife's JCB vehicle. The Court held that as a crime was registered, the police were duty-bound to investigate, rejected the harassmen

What did the court decide?

The Writ Petition was disposed of. The Court directed the police not to coerce petitioners into waiving property rights. Petitioner No. 3 to seek JCB release from appropriate authority. No order as to

Sangi Shetty Butchi Babu and 2 Others Vs… — Civil Procedure and Limitation | Telangana HC (2022)

¶1

HIGH COURT FOR^{THE STATEOFTELANGANAAT HYDERABAD}

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(Special Original J urisdiction)

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WEDNESDAY,THE NINTH DAY OF^FEBRUARY

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TWO THOUSAND AND TWENTY^TWO

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PRESENT

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THE HONOURABLE DR. JUSTICE SHAMEEM^AKTHER

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WRIT PETITION N O: 6950 oF 2022

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Between:

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Sangi Shetty Butchi^Babu, S/o.^{Sangichetti Mallaiah,Age 29 years, Occ.} Driver, Fl/o H.No. 2-22, Chinnamudunur^{Village of TelakhapallyMandal,} Nagarkurnool District.

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Pedaboodi Chenamma,^{D/o. Sangichetti Mallaiah, Age.31 years' Occ. House} wife, Ryo H.No. 1-55, Yedula^{Vitlageof Gopalpet Mandal,WanaparthyDislrict.}

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Sangichetti Manjula, W/o.^{SangichettiButchi Babu, Age. 27 years,Occ.} Owner of the JCB. TR.^{No. TS31DTR6640, R/o H.No.2-22} '^{Chinnamudunur} Village of Telakhapally^{l,4andal,Nagarkurnool District.}

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...PETITION ERS

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AND

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The State of Telangana^{Rep.by its Principal Secretary to Home Department} Secretariat Buildings, Secretariat,^Hyderabad.

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The Director General^{of Police, Stateof Telangana.Hyderabad.}

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The Superintendent^{OfPolice, Nagarkurnool, Nagarkurnool District.}

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The Sub Divisional Police^{Oflicer, Nagarkurnool, Nagarkurnool District.}

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The Circle lnspector of^{PoliceOfficer, Nagarkurnool, Nagarkurnool District.}

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The Station House Officer,^{PoliceStation Telakhapally, Nagarkurnool District.}

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Sri Madhav Reddy, Sub-lnspector^{of Police,Telakhapally Police Station} Nagarkurnool District.

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Sangishetty Kurmaiah,^{S/o SangichetiMallaiah, Age 35 years, Occ. Driver,} FJo Chinnamudnur Village of^{Telkhapally Mandal, NagarkurnoolDistrict.}

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Sangishetty Upendar, S/o Sangichetti^{Mallaiah,Age 27 years, Occ. Driver,} Ryo Chinnamudnur Village of Telkhapally^{Mandal, NagarkurnoolDistrict.}

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l0.Sangishetty Satyamma, W/o Sangichetti^{Mallaiah,Age 45 years,Occ.} Housewife, R/o Chinnamudnur^{Village of Telkhapally Mandal, Nagarkurnool} District.

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'l 1 . Sangishetty Niranjanmma, W/o Sangichetti Mallaiah, Age 43 years, Occ. Housewife, FJo Chinnamudnur^{Village of Telkhapally Mandal' Nagarkurnool} District.

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'12. Sangishetty Mallaiah, S/o Chinna Bitchaiah, Age 55 years, Occ. Agriculture, Fl/o Chinnamudnur Village of^{Telkhapally Mandal, NagarkurnoolDistrict.}

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Raji Reddy, Sio. Unknown,^{Age Major, Occ.Teacher,R/o.Primary school} Ananthasagar village of Telakapally^{Mandal, NagarkurnoolDistrict.}

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.RESPONOENTS

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Petition under Article 226 of the^{Constitutionof lndiaprayingthat in the} circumstances stated in the affidavit^{iiledtherewith,the High Court maybe} pleased to issue an appropriate writ, order or direction^{more particularlyonein} the nature of the Writ of Mandamus,^{declaring the action of respondent} authorities,^particularly the^{respondent No.3 to 5 in not preventingthe} respondents. No.6 and 7 in^{interferinginto the petitionefs family civildispute} and harassing the^petitioner and^{his sisterto write a letter stating that theywill} not claim any rights on their^{joint family properties and in directingto release the} 1st^petitioner wife's JCB^{which is in illegal custody of respondent.No. 6 and 7 by} considering the^{petitioner's representation dl .31212022as illegal arbitrary against} the^principals of natural iustice.^{Consequently, direct the respondents. No. 1 to 5} to initiate action against the^{respondents.No 6 and 7 for involvementin the} family civil dispute and^{directto releasethe JCB. TR.No. TS31DTR6640which} is in illegal custody of the^{respondents.No. 6 and 7 by consideringthe} petitioner's representation dl .3'2'2022,^{pending disposal of the writ petition} Ot 1 OF 2022

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Petition under Section^{151 CPC prayingthat in the circumstancesstated} in the affidavit filed in^{supportof the petition,the High Court may be pleasedto} direct the respondents.^{No, 1 to 5 to initiate action against the respondents'No'} 6 and 7 for involvemenl^{in the family civil dispute and directto release the JCB'} TR. No. TS31DTR6640^{which is in illegal cuslodyof the respondents'No 6 and} 7 by considering the^{petitioner's representationdl 31212022 pending disposal of} the writ^petition

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Counsel for the Petitioners : SRl. PRADEEP T. Counsel for the Respondent No s.1 & 6 : GP FOR HOME Counsel for the Respondent No s.7 &^'13 :---.-The Court made the following: ORDER

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THE HON'BLE DT. JUSTICE SHAMEEM^AKTHER

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WRIT PETITIO N No.6950 OF²⁰²²

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ORDER:

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This Writ Petition, under Article^{226 of the Constitutionof} India, is filed by the^{petitioners, whereinthe following prayer is} made:

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"... to issue an appropriate writ, order^{or direction} more particularly one in the^{natureof the Writ of} Mandamus, declaring the^{action ofrespondent} authorities, particularly the respondent^{Nos.3to 5 in} not preventing the respondent^{Nos.6and 7in} interfering into the^{petitioner'sfamiiy civildisputeand} harassing the^{petitioner and his sisterto write a letter} stating that they will not^claim any^{rights on their joint} family^properties and in directing^{to release the1st} petitioner wife's ICB which is in illegal custody^of respondent Nos.6 and 7 by^{considering the petitioner's} representation dt.3.2.2022 as^{illegal, arbitraryagainst} the principals of natural^{justlce,Consequently, direct} the respondent Nos.1 to⁵ to initiate^{action against the} respondent Nos.6 and 7 for^{involvement in the family} civil dispute and direct to^{release the ICB TR} No.TS31DTR6640 which^{is in illegal custody of the} respondent Nos.6 and 7 by^{considering the petitioner's} representation dt.3.2.2022^{pendingdisposalof the writ} petition and pass such other order^{or orders.."}

¶38

Heard. Perused the record.

¶39

The grievance of the^{petitioners is that thoughthey filed a} representation dated 03.02.2022^{befotethe respondent No.3-} Superintendent of Police. Nagarkurnool,^{the respondent-police} have not^prevented the unofficial^{respondent Nos.6 and 7 from} interfering with the family^{disputesof the petitionersand}

¶40

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harassing the^{petitionerNo,1 and his sister to write a letter} stating that they^{will not claim any rights over the joint family} properties and also sought a direction^{to release the ICBof} petitioner No.3, which is in illegal custody^{of respondentNos 6} and 7. It is also contended^{that the actsof the respondents are} illegal and unconstilutional^{and ultimately prayed to allowthe} writ petition as Prayed^for.

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On the other hand,^{learnedAssistant GovernmentPleader} for Home, on instructions,^{would submit thatbasingon a report} dated 20.01.2022^{filed by oneS.Laxmi, a case in crime No'14 of} 2022 of Telakhapally^{Police Station, Nagarkurnool,was} registered against the^{petitioners for the offencesunder Sections} 427 and 447 of IPC and^{the sameis under investigation' The} respondent-police at no^{point of time, neither detained the} petitioners nor coerced the^{petitioner No.1 and his sister,as} alleged and ultimately^{prayedthis Court to dismiss the writ} petition.

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In view of the submissions^{made and the materialplaced} on record, it is made^{clear thatthereis a dispute between lhe} petitioners and the unofficial respondents Since^{a case in Crime} No.14 of 2022 of Telakhapally^{PoliceStation, Nagarkurnool,was} registered for the offences^{under Sections 427and 447 of l?C,} the investigating officer^{concernedhas to investigate the sarne in} accordance with law.^{The allegations that the respondent- police} are unnecessarily harassing^{the petitioners cannot be sustained.} It is needless to say that^{whena crime is registered,policehave}

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to do their duty in accordance^{with law. However,in the given} circumstances of the^{case,the police concernedshall not in any} manner, whatsoever, coerce^{or influencethe petitionersto write} any letter or document^{relinquishingthe rights of the petitioner} No.1 and his sister over^{any of the jointfamily properties} claimed by them.

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As far as^release of^{said ICB vehicle is concerned,} petitioner No.3 is entitled to file an^{applicationbefore} appropriate authority and^{seek release ofthe same,in} accorda nce with^law.

¶47

With the above observation/d^{irection,the WritPetitionis} disposed of.

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Miscellaneous Petitions,^lf any,^{pendingin this Writ Petition} shall stand closed. There shall be^{no order as to costs,}

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, i

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//TRUE COPY//

¶51

SD/. MOHD.SANAULLAH^ANSARI ASSISTANT REGISTRAR

SECTION OFFICER

To,

I . The Principal^{Secretary, Home Department, Secretariat Buildings' Secretariat'} State of Telangana ,HYderabad.

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ine Director^{Gieneraloi Police, StateofTelangana,Hyderabad'}

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The Superintendent^{Of Police,Nagarkurnool, Nagarkurnool District'}

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f f,e Sub^{Divisional Police Officer, Nagarkurnool, Nagarkurnool District'} 5. rn" Citifu^{lnspector of Policeofficer,Nagarkurnool, NagarkurnoolDistrict'} 6. fne Station^{HouseOfficer,Police StationTelakhapally, NagarkurnoolDistrict'} . One CC to SRl.^{PRADEEP T, Advocate} [OPUC]

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7I . two CCs to^{GP FOR HOME} ,High^{Court for the State of Telangana[OUT]} 9 . Two CD Copies

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1 0. One Spare CoPY.

4.,'

HIGH COURT

DATED:O9 /02/2022

ORDER

1 $E sTAr 4
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t ^<br>I iq)ot) 2 4 MAB 202
if.

¶68

WP.No.695O of 2022

¶69

DISPOSING OF THE WRIT^PETITION WITHOUT COSTS.

¶70

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Sangi Shetty Butchi Babu and 2 Others v. The State of Telangana and 12 Others

Case brief

What is this about?

What did the court decide?

Sangi Shetty Butchi Babu and 2 Others v. The State of Telangana and 12 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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