Disposed

Sri Amireddy Thirumala Reddy v. The State of Telangana

Telangana HC24 Jan 2024WP/1642/2024

Case brief

AI extract

What is this about?

Petitioners alleged police interference in their civil land dispute and pressure to settle a criminal complaint. Court directed respondent No.4 not to interfere with the civil suit O.S.No.604 of 2023 and to issue notice under Section 47-A Cr.P.C., following Arnesh Kumar guidelines, when summoning petitioners for investigation.

What did the court decide?

Respondent No.4 directed not to interfere with civil dispute in O.S.No.604 of 2023; notice under Section 47-A Cr.P.C. required before summoning petitioners for investigation.

Sri Amireddy Thirumala Reddy Vs The State of… — Writ and Judicial Review | Telangana HC (2024)

¶1

[^32s6 ]

¶2

HIGH COURT FOR^{THE STATE OF TELANGANA} AT HYDERABAD (Special Original Jurisdiction)

¶3

WEDNESDAY, THE TWENTY^{FOURTH DAY OF JANUARY} TWO THOUSAND AND^TWENTYFOUR

¶4

PRESENT

¶5

THE HON'BLE SRI JUSTICE^{C. V. BHASKAR REDDY}

¶6

WRIT PETITION^{NO: 1642OF 2024}

¶7

Between:

¶8

1 Sri Amireddv Thirumala Reddv, S/o^{A. Venkat Reddy, Aged about 50 years,} oic. Busine'ss, R/o H.no.^{1-1:336/39/4,Vivek nagar, Near TyagarayaGana} Sabha, Chikkadpally,^HYderabad.

¶9

2 $-t.S. KGh;r6, Sio Surva^{shyamala Rao, Agedab-out 55 vears,occ'} eusinels, nlo^ptot t'lo.^{i gOs, -F-Block,My Home Bhooja Apartments,} Gachibowli, Hyderabad.

¶10

...pETtTtoNERS

¶11

AND

¶12

1 The State of Telangana,^{rep. by its PrincipalSecretary' Home Department,} Secretariat, Hyderabad.

¶13

2 if,e Cormis.ioner of Police,^{Cyberabad Commissionerate, Hyderabad'} 3 The Assistant Commissioner^{of Police, Shamshabad.} 4 The Station House Officer,^{PS. Shamshabad,Cyberabad}

¶14

¶15

...RES'.NDENTS

¶16

Petition under Article 226 of^{the constitutionof lndia praying that in the} circumstances stated in^{the affidavitfiled therewith,the High court may be} pleased to issue a direction, order or^{writ more particularlyone in the nature of} writ of Mandamus, declaring^{the action of the respondents more particularlythe} respondent No.4 herein^{in callingthe petitioners to the police station,directly} interfering with the^{possession of the petitioners, askingthem to get original} documents and^{pressurizing them to settle the civil disputes with third party(s)at} police station and also threatening^{the petitioners with dire consequences, as} illegal, arbitrary and^{violativeof Articles,14, 21 and 300-4 of the Constitutionof} lndia and also violative^{of principles of naturaljustice and consequently direct the} respondents not to interfere^{into civil disputesmore particularlywith possession} and enjoyment of^{the petitionersover the land admeasuring Ac' 44-32 % gts in} Sy.Nos.1OjAA,52lA,52tAA,54tA,55/AA,56,59/A,60/E(Part-3),62/A(Part-3)' 7'tlAA,72tAA,73,73lA,73tE,73tEE,74@an-1),74tE,75(Part-1)'751E'75lEE' situated at Malkaram^{Village,ShamshabadMandal, R R District'}

¶17

lA NO: 1 OF 2024

¶18

petrtion under Section 151 CPC praying that in the circumstances^statedin the affidavit filed in support^{of the petition, the High courtmay be pleased to} direct the respondents^{particularly respondentNo.4 not to interfereinto the civil} dispute in respect of the^{property of the petitioners i.e. admeasuringAc. 44-32%} gts.inSy.Nos.5O/AA,52tA,52tAA,54/A'55/AA,56,59/A,60/E(Part-3)'62lA (Part-3), 711AA,721AA,73,73tA,73tE,731EE,74^{(part-1), 74tE,75(Ftart-1),} 7stE,7slEE, situated at Malkaram^{Village, Shamshabad Mandal'R.R District} Counsel for the Petitioner: SRI^{K. PRADEEP REDDY}

¶19

Counsel for Respondents:^{AGP FOR HOME}

¶20

The Court made the following:^ORDER

¶21

THE HON'BLE SRI JUSTICE C. V. BHASKAR REDDY

¶22

WRIT PETITION NO.164 2 0F 2024

¶23

ORDER:

¶24

This Writ Petition, under Article 226 of the Constitution

¶25

of India, is filed seeking following reliel

¶26

"...to issue any Writ order or direction more particulady one in the nature of Writ of Mandamus declaring the action of the respondents more particularly the respondent No.4 hcrein calling the petitioners to the police station, directly interfering with the possession of the petitioners, asking them to get original documents and pressurizing them to settle the civil disputes with third party(s) ar police station and also threatening the petitioners with dire consequences, as illegal, arbitrary and violative of Articles 14, 2l aocl 3OO-A ot the Constitution of India and also violative of principles of natural justice and consequently to direct the respondents not to interfere into civil disputes more particularly with possession and enjoyment of the petitioners over the land admeasuring Ac.44 32^3/. gts. in Sy,Nos.50/AA, s2/A, 52lAA, s4/A, 55/AA, s6, 59/A,6olE (part31, 62/A (parL-31,7|/AA,72/AA,73,73/A, 73/8, 73/EE, 74 lparr11, 74/E, 75 (part-1), 75/8, 75/EE, situated at Malkaram Village, Shamshabad Mandal, R.R. District.,."

¶27

Heard learned counsel for the petitioners, learned Assistant Government Pleader for Home appearing for the respondents and perused the record.

¶28

The petitioners claim to be absolute owners and possessors of various extents of land comprising in various survey numbers situated at Malkaram Village, Shamshabad Mandal, Ranga Reddy District, having purchased the same from its lawful owners. However, when some third parties are

¶29

CVBR,I wp 1642 7024

¶30

interfering with^{the peaceful possessionand enjoymentof the} petitioners over the^{subject property, the petitioners were} constrained to^{institute a suit in O'S'No'604of 2023 on the file} of learned III^{AdditionalSeniorCivil Judge' Ranga Reddy} District at L.B^{Nagar,for permanentinjunction' It is further} stated that^{in the said suit, petitioners also filed I'A'No'685 of} 2023 und.er^{Order XXXIX Rules1 and 2 read with 151 C'P'C''} seeking to^{grant ad.-tnterim injunctionorder' The Court below} by an order, dated,22.ll.2023^{granted ad inteiminjunction'}

¶31

It is further case^{of the petitionersthat whenthe} adjacent owners^{in Sy.No.74of Malkaram Villageare trying to} interfere with the^{peaceful possession and enjoyment of the} petitioners over the^{subject property and after series of} deliberations,^{the petitionershave entered into Memorandum of} Understanding,^{dated 20.12-2023 with them' It is furthercase} of the petitioners^{that actingon the complaint of one Sri Pyata} Venkateshwar^{Rao, acase inCrime No'24 of2O23was} registered against^{thepetitionersfor theoffences under} Sections34land42Treadwith34oflPCandintheguiseof investigation, the^{respondents-police areharassing the}

CV8R,] wt, 1642 2024

petitioners and also forcing them to enter into settlembnt with the complainant in^{the said CrimeNo.24of 2023.}

¶36

Learned counsel appearing for the petitioners vehemently contended that respondent No.4 is not having any power or authority to interfere. with the civil disputes and forcing the petitioners to enter into settlement as^per the^terms dictated by the complainant in Crime No.24^of 2023.

¶37

karned Assistant Government^{Pleader for Home, on} instructions, would submit that acting on the^complaintof Sri $rata Venkateshwar Rao,^{a case} in^{Crime No.24 of 2023 was} registered against the petitioners on^{10.01 .2024 and for the} purpose of investigation only respondent No.4 summoned^the petitioners to police station, but he is not interfering^withthe civil disputes over the subject^{propertiesof O.S.No.6O4 of 2O23.}

¶38

7 . In view of the said submissions, this^{Court deems it} appropriate to dispose of the^{Writ Petitiondirecting respondent} No.4 not to interfere with the^{civil disputesin O.S.No.6O4 of} 2023 in any manner and if the^{presenceof the petitionersis} required for the purpose of investigation^{in Crime No.24 of} 2O23, respondent No-4 is directed to^{issue notice as required}

¶39

¶40

CVBR,] wp_ 1642 2024

¶41

under Section 47-A Cr.P.C., and the also follow the guidelines

¶42

issued by the Honble Supreme Court in the case of Arnesh

¶43

Kumar v. State of Biharl.

¶44

With the above directicins, the Writ petition is disposed

¶45

of. There shall be no order as to costs

¶46

Miscellaneous petitions, if any, pending in this writ

¶47

petition shall stand closed

¶48

SD/. K.SREERAMA^MURTY //rRUE COPY// ASSISTANT--REGISTRAR

¶49

¶50

SECTION OFFICER

¶51

To, 1. The Commissioner^{of Police, Cyberabad Commissionerate, Hyderabad'} 2. The Assistant Commissioner^{oiPolice, Shamshabad'} 5. fh" St"tio"^{House Officer,PS. Shamshaba4} Qyberabad'

¶52

a. One CC to Sri K^{PradeepReddyAdvocate} {OP-UCI 5. i;; cci tJcp^{For Home, Higti Court for the State of Telangana [oUT]} 6. Two CD CoPies MBC GJPAv--

¶53