Disposed

Manda Susheela v. The State of Telangana

Telangana HC6 Oct 2023WP/24248/2023

Case brief

AI extract

What is this about?

The High Court of Telangana disposed of a writ petition filed by family members challenging police interference in a civil property dispute. The court directed the local police not to interfere with the petitioners' civil rights except in accordance with the law.

What did the court decide?

Direction to respondents 4 to 6 not to interfere with the civil rights of the petitioners in any manner except in accordance with the law.

Manda Susheela Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2023)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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FRIDAY, THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETITION NO: 24248 OF 2023

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Between:

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'1 . Manda Susheela, Wo: Late Manda Pani Aged about 62 years, occ. House Hold R/o H.No. 8-60, Athmakuru village and Mandal Hanumakonda district

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Manda Chandra Mohan, S/o: Late Manda Pani Aged 41 years, Occ. Auto Driver F/o Athamakuru Mandal and Village , Hanumakonda district

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Manda Nagaraju, S/o: Late Manda Pani Aged 32 year, Occ. Private Employee Athamakur [Vlandal and Village Hanumakonda district

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Manda Sravanthi, W/o: IVl. Chandrmohan, Aged 29 years, Occ. House Hold Rl/o 8-6-, Athmakuru village and Mandal Hanmakonda district.

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...PETITIONERS

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AND

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1 The State of Telangana, Rep.by its Principal Secretary, Department of Home, Secretariat Buildings Hyderabad.

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2 The Commissioner of Police, Warangal Commissionerate Hanamkonda district

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J The Assistant Commissioner, Parkal, Hanamkonda district ,

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4 The Station House officer, Athmakuru Police Station, Athmakuru , Hanumakonda district

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Bandari Kumar, Circle lnspector of Police Athmakuru P.S. Atmakuru, Hanumakonda district

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b Gogikari Prasad, Sub lnspector of Police Athamakuri P.S. Athamuru, Hanumakonda district

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7 Perumandla Sarojana, Wo P.Kornel, aged 63 years, Occ. House Hold FI/o H.No. 8-221 , lndira Colony Athmakuru village and Mandal Hanumakonda district

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Perumandla Kumaraswamy, S/o P. Kornel Aged 46 years, Occ. Police Head Constable (AR) R/o H.NO. 8-221 , lndira Colony Athmakuru village and Mandal Hanumakonda district

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I Perumandla Swaroparani, W/o P.Kumaraswamy Aged 40^years, occ. House Hold R:/o H.No. 8-221, lndira Colony Athmakuru village and Mandal Hanumakonda district'

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l0.Perumandla Dinesh, S/o Perumandla Kuaraswamy Aged 22 years, Occ. Student R/o H.No. 8-221,lndira Colony Athmakuru viilage and Mandal Hanumakonda district

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Perum-andla Sreenivas, S/o P.Kornel Aged 42 years, Occ. Security Guard in Grain.Market At Warnagal, Rt/o H No. 8-221 ,l;dka Colony Athma(uru village and Mandal Hanumakonda district

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...RESPONDENTS

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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 an appropriate writ or order or direction more particularly one in the nature of wRlr oF MANDAMUS declaring the action of the respondenis 3 to 6 in calling the petitioners to 4th respondent police station to settle the civil matter and sit hours together without following the due procedure and process established by law in respect of house site admeasuring^.lgl sq.yards out of 716 Sq.Yard bearing H.No.8-60, situated at Athmakuru village, and Mandal, Hanmakonda district is illegal, arbitrary and violative of Article 2.1 of the constitution of lndia and also violation of Settled principles of law laid down by the Honble constitutional courts and consequently direct the respondents 3 to 6 not to interfere in the civil disputes between the petitioners and the respondents 7 to 11 in respect of the above said house property .

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lA NO: 1 OF 2023

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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 No.3 to 6 not to interfere in the civil disputes between the petitioner and the respondents 7 to 1 1 in respect of house site admeasuring 1gl sq.yards out of 716 Sq.Yards bearing H.No.8-60, situated at Athmakuru vi age, and Mandal, Hanmakonda district pending disposal of the writ petition.

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Counsel for the Petitioner: SRI P. PADMA RAO

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Counsel for the Respondent No.'l to 6: GP FOR HOME

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Counsel for the Respondent No.7 to 1 1:--

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The Court made the following: ORDER

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HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.24 248 of2O23

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ORDER:

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This writ petition is filed seeking the following relief:-

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"...to issue an appropriate writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of respondent Nos.3 to 6 in calling the petitioners to the police station to settle the civil matter and sit hours together without following .^{the due procedure and} process established by law in respect of house site admeasuring 181 square yards out of 716 square yards bearing H.No.8-60 situated at Athmakuru Village and Mandal, Hanamkonda District, is illegal, arbitrary. . . "

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The case of the petitioners is that they are the owners of house bearing No.8-6O to an extent of 716 square yards situated at Athamakuru Village and Mandal, Hanamkonda District. It is the further case of the petitioners that respondent No.8, who is their neighbour and working as police head constable, insisted the petitioners to sell the subject property to him below the market rate and when

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')-

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CVI}R, J Wp 2424E, 2027

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they refused to sell the subject property, he developed grudge against the petitioners and interfering with their peaceful possession and enjoyment over the subject property and also threatened them with dire consequences. It is the further case of the petitioners that at the instance of respondent No.8, respondent Nos.4 to 6 are interfering into their civil rights and summoning them to the police station frequently also forcing them to sell the property in favour of respondent No.8.

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Learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 6 has submitted that the respondents-police are not interfering with the civil rights of the petitioners in any manner, in fact there is no case pending either against the petitioner or against respondent No.8. The Assistant Government Pleader for Home further submitted that if the petitioners lodged any complaint about the illegal trespass made by respondent No.8 and the said complaint reveal cognizable offence, the police will take action in accordance with 1aw.

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CVBR, J Wp 24248_2023

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4 In view of the said submissions, this Court deems it appropriate to dispose of the writ petition directing respondent Nos.4 to 6 not to interfere with the civil rights of the petitioners in any manner, except in accordance with law.

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With the above observations, this Writ Petition is disposed of, There shall be no order as to costs.

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As a sequel, the miscellaneous petitions pending, if

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any, sha,ll stand closed.

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SD/. K. VENKAIAH ASSTSTANT REG^lS/RAR //TRUE COPY// v/ SECTION dfFICER

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To,

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'1 . The Station House officer, Athmakuru Police Station, Athmakuru , Hanumakonda district

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Z. Biidari Kumar, Circle^{lnspector of PoliceAthmakuruP.S. Atmakuru,} Hanumakonda district

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Gogikari Prasad,^{Sub lnspector of PoliceAthamakuriP.S. Athamuru'} Hanumakonda district

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One CC to Sri P. Padma^{Rao, Advocate} [OPUC]

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S. iwo CCs to GP^{for Home, HighCourt for the State of Telangana' at} Hyderabad [OUT]

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1. Two CD Cop^te

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TJ GJP

HIGH COURT

DATED:0611012023

ORDER

WP.No.24248 of 2023

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS.

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Manda Susheela v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Manda Susheela v. The State of Telangana

Case brief

What is this about?

What did the court decide?

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