Writ petition challenging police summoning of society members in civil dispute context. Court disposed of petition directing police not to interfere with civil rights. No costs awarded.
Directed police to not interfere with civil rights; if presence required, follow due process.
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.
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
FRIDAY, THE TWENry FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION NO i26362OF 2023
Between:
S. R. Mutually Aided Co-Operative housing Society Ltd. , R/o. Shufter No. 4. Kamatayam I emple, Revenue Colony, Subedari, Hanamkonda. Waranoai District, Rep by its Generat Secqe_tqry.6oora Jaffiitah;Slo. 6;i'ra;;h:;""; about 46 y_ears, H. No. 24- 3- 2s3,F. C. l. cotoiy, i..itvwioa, niniriioi?i] Warangal District.
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of the constitution of lndia praying that in the circumstarrces stated in the affidavit filed therewith, the High court may be pleased to issue to a writ or writs, order or direction and more particularly one in the nature of writ of Mandamus, by declaring the action of the Respondent No. 4 and 5 in intedering with the personal liberty of the petitioner- Society by way of calling him to the 5th Responden! p.s and harassing the petitioners by involving
the civil disputes, as illegal, arbitrary, unjust, unlawful and violative of Articles 14, 21 and 300- A of the Constitution of lndia.
:1OF 2023
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 Respondent No.4 and s to not to call the petitioner to the 5th Respondent- Police station pertaining to the civil disputes, pending disposal of the above writ petition.
Counsel for the Petitioner: SRI CH.VENKAT RAMAN
Counsel for the Respondent No.1 to 6: AGp FOR HOME
The Court made the following: ORDER
THE HONOI'RABLE SRI JUSTICE C.V. BHAST(AR REDDY WRIT PETITION No.26362 OF 2ol23
ORDER:
This writ petition is frled seeking following relief:
'..-.to issue to a.,uit or urits order or direction and- more particalarlg one in the nature of u-tit oJ Mand.amus bg declaing the action of the Respondent Nos. 4 and. 5 in inlerfeing with the personal libertg of the Petitioner Societg bg wag of calling him to the sth Req)ondent P.S and harassing the petitioners bg inuoluing the ciuil disputes as illegal, arbitrary, unjus| unlauful and uiolatiue of Articles 14, 21 and. 3OO A of the Constitution of Indin . . . "
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the resolution to develop the subject land by demarcating the existing plots into a single large bit. Pursuant to the same, the Assistant Director Survey and La-nd Records of Hanamkonda conducted the demarcation uide File No.A5/605/2O2O under cover of Panchanama, dated 11.03.2022 in the presence of all stake holders including the adjacent owners of the subject land and fixed the boundary stones in accordance with law. While the things stood thus, some of the lald grabbers tried to create a false and frivolous documents pertaining to the subject land, in this regard, the petitioner submitted a representation, dated 24.06;2021 to District Co-operative OIIicer, Warangal Urban, and acting on the said representation, District Co-Operative Offrcer, Waralgal Urban issued proceedings to Joint SubRegistrar directing not to receive or execute any transfer documents pertaining to the subject lands.
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socrety members and one G.Sai, it was revealed that there are civil disputes over the subject lands and the respondents-police have advised the petitioner-society to approach the competent civil Court
.4. In view of the same, this Court, deems it appropriate to dispose of this writ petition, directing respondent No.S not to interfere with the ciuil rights of the members of the petitioner_ societ5r in any mamer, except in accordance with law. However, if the presence of the members of the petitioner_society is required in any case, the respondents-police are directed to follory due process of law.
Miscellaneous petitions, if any, pending in this writ
petition shall stand closed.
SD/-A.V.S. PRASAD ASSISTANT REGISTRAR
NOTE: That in the order dated 24.11.2023in W.P.No.26362 ot 2O23, the Cause title of the Respondent Nos.4 & 5 are amended and Respondent No.6 is impleaded asparty respondent as per the orders of Hon'ble Court dated 29.01.2024 in l.A.No.2 ol 2023 and l.A.No.3 ol 2023 rcspeciively. This amended order shall substitute the earlier order which has already been dispatched on 't2n2tn23.
//TRUE COPY//
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SD/-A.V.S. Pf,ASAD ASSTSTANT REg/STRAR -q SECTION OFFICER
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To,
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BSR
LS
HIGH COURT
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DATED: 24t1112023 29t01t2024
AMENDED ORDER
WP.No.26362 of 2023
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aO 01 FEB 202[ r:.i,)t
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DISPOSING OF THE WRIT PETITION, WTHOUT COSTS
<br><br>
3 issues framed by the court
Whether police summoning of society members regarding civil disputes amounts to illegal interference with personal liberty.
Whether the action violates Articles 14, 21, and 300-A of the Constitution.
Whether an interim direction can be issued to police regarding the involvement of civil matters.
S.R. Mutually Aided Co-Operative Housing Society Ltd.
The State of Telangana
The Director General of Police, Telangana State
The Commissioner of Police, Warangal
The Assistant Commissioner of Police, Hanamkonda
The Station House Officer, Lakdiyara University Campus Police Station
C.V. BHASKAR REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
