B Rajeshwar Vs the State of Ts., Rep by Its Prl.Secretary and 3 Others

Petition under Article 226 of the Constitution of India^{prayingthal in the} circumstances stated in the affidavit filed therewith,^{the High Court may be} pleased to issue any appropriate writ or order or direction more^particularly oneⁱⁿ the nature of writ of mandamus declaring the action^{of the respondentNo.3 in} forcing the petitioner to leave the house along^{his wife and children as illegal,} arbitrary and violative of Articles 14, 19,21 and^{3004 of Constitutionof lndia.}

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l.A. NO: 1 OF 2016^(WPMP.NO : 8769 OF²⁰¹⁶⁾

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Petition under Section 151 CPC praying that in the circumstances^statedin the affidavit filed in support of the^petition, the^{High Court may be pleasedto} direct the respondent No.3 not to call the^petitioner to^{police stationand not} interfere with peaceful^possession of the^{petitioner's house, pending disposal of} the main writ^petition.

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Counsel for the Petitioner: SRI K.AMARNATH YADAV Counsel for the Respondent Nos.1 TO 3: SRI R.LAXMIKAN t { REDDY, AGP FOR HOIII ,

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Counsel for the Respondent No.4: -

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The Court made the following: ORDER

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THE HONOURABLE SRI JUSTICE N.TUKARAMJI

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WRIT PETITION N0.6888 0F 2016

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ORDER:

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This Writ Petition is filed under Arlicle 226 of Constitution of lndia

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seeking the following relief:

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"...1o lssue an appropriate Writ, Order or Direction, more parlicularly one in the nature of Writ of Mandamus dectaring the action of the respondent No.3 in forcing the petitioner to leave the house along his wife and children as illegal arbitrary and violative of Atlicles 14, 19, 21 and 300-A of Constitution of lndia and pass such other order ....',

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Heard Mr.K.Amarnath Yadav, learned counsel for the petitioner and

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Mr.R.Laxmikanth Reddy, learned Assistant Government pleader for Home

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appearing for respondents No.'1 to 3.

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Learned counsel for the petitioner would submit that as the respondent No.3/SHO was forcing the petitioner to leave the house along with his family, the petitioner has filed this petition seeking appropriate directions.

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Learned Assistant Government Pleader for Home would submit that at relevant time as there was police report and under preliminary enquiry, the presence of the petitioner was secured. However, respondent No.3 never forced or insisted the petitioner to leave the house and there was no other occasion for the police to do so.

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I have perused the materials on record.

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Having regard to the submissions and as the asse(ive pleadings of the petitioner that respondent-police has interfered with the possession and considering the jurisdictional limitations of the police in conducting

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t-r-

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2

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tnvestigation proceedings, respondents/police respondent No.3 is directed not to interfere autt )rities parlicularly with the pe t .ioner,s possession and shall not insist or direct the petjtioner to le ave the hotr: e, save and except in strict accordance with law.

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