The High Court · 2025
Case Details
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Cheernam Srisailam, S/o. Buchanna, aged 30 yrs, Occ. Agril. r/o Bijnapally village and mandal, Nagarkurnooldistrict. ...'ET'TIONER AND
1. The State of Telangana, rep. by its Principal Secretary, Department of Home Secretariat Buildings, Hyderabad.
2. The Superintendent of Police, Nag-arkurnooldistrict, 3. The Stdtion House Officer, Police-Station, Bijnapally Nagarkurnool district. 4. State teachers Union, Telangana State rep. by its, president, STU Bhavan, Kachiguda' Hyderabad' ...RES'.NDENTS 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 writ or order or direction more in the nature of Mandamus declaring the aid of 3rd respondent police station authorities (without out any court directions), to the 4th respondent in their attempt to occupy part of petitioners family agriculture land, bear.ing sy.No . 464tA extent Ac. 03.38 gts, bounded by East- R&B Road Bijnapally to Hyderabad, West- Muslim grave yard, North- Grampanchayat CC Road, South- Z.P Boys High School, to construct 4th respondent union building, pending 4th respondents civil suit in O.S.No 299 of 2011 on the file of the court of Junior Civil Judge at Nagarkurnool, without injunction and orders of police aid, as illegal, arbitrary, unconstitutional and void, the 3rd respondent may be directed not to involve into said'civil litigation, in support of 4th respondent herein. :iiilt.:'; .. ;,r:iri:*.fi4-i r,'ll'j.:'r i;. .:'::,r'li.i.:i lA NO: 1 OF 2018 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 3rd resporrdent police not to involve into civil litigation-in support of the 4th respondent- in respect of petitioner's family agriculture land, bearing Sy.No. 4641A extent Ac. 03.38 gts, bounded by East- R and B Road Bijnapally to Hyderabad, West- Muslim {Jrave yard, North- Grampanchayat CC Road, South- Z.P Boys High School, pending 4th respondent's civil suit in O.S.No 299 of 2017 on the file of the court of Junior Civil Judge at Nagarkurnool, without orders of police aidpending final disposal of the writ petition. Counsel for the Petitioner: SRI L.SANTARAM FOR SRI V.HANUMANTH RAO Counsel for th'e Respondent Nos.1 TO 3: SRI D.PRADEEP, AGP FOR HOME Counsel for th': Respondent No.4: - The Court made the following: ORDER THT HONOT'RABLT SRI JUSTICE N.TUI(ARAMJI WRIT PEIITION No-915 OF 2O18 ORDER: This writ Petition is filed under Article 226 0f Constitution of India seeking the following relieft "...to issue writ or order or direction more in the nature of Mandamus declaring the aid of 3.d respondent police station authorities (without out any court directions), to the 4o' respondent in their attempt to occupy part of petitioners family agriculture land, bearing Sy.No. 4641A extent Ac. 03.38 gts, bounded by East- RandB Road Bijnapally to Hyderabad, West- Muslim grave yard, North-Grampanchayat CC Road, South- Z'P Boys High School, to construct 4e respondent union building, petditg +* respondents civil suit in O.S.No 299 of 2017 on the nte of the court of Junior civil Judge at Nagarkurnool , without injunction and orders of police aid, as illegal, arbitrary, unconstitutional and void, the 3.a respondent may be directed not to involve into said civil litigation, in support of 4th respondent herein, and pass...'
2. Heard Mr. L.Santaram, learned counsel representing Mr. V.Hanumanth Rao, learned counsel for the petitioner and Mr. D.Prad.eep, learned Assistant Government Pleader for Home appearing for respondents.
3. Learned counsel for the petitioner submits that the respondent-police authorities, particularly respondent No. 3, have been interfering in the civil disputes between the petitioner and respondent No. 4, despite the fact that civil Suit o.S. No. 299 of 2Ol7 is pend.ing on the file of the Junior civil Judge, / 2 Nagarkurnool. Accordingly, he prays for issuance of appropriate directicns restraining such interference.
4. lx:arned Assistant Government Pleader, upon instructions, submit:; that the respondent-police authorities have never interfer:d in any civil disputes as alleged by the petitioner. It is further submitted that the presence of the petitioner was secured only on the basis of a report filed by one Mr. B. Bhujanga Rao for the purpose of enquiry. However, since the allegations in the said report were found to be of a non- cognizal>le nature, requisite permission was sought, and proceedi.ngs have been initiated, which are presently pending before the Judicial Magistrate of First class, special Mobile court, Irlagarkurnool. Therefore, the contention raised by the petitione:r that the police interfered in civil disputes is unfounded and unsupported by any material. Hence, dismissal of the writ petition ..s prayed for.
4. I hrrve perused the material available on record.
5. Tht: grievance of the petitioner is that the respondent-police / authorities are interfering"m-aiyiUisputes between himself anil respondent No. 4- Having regard to the petitioner's assertion and the settle:d principle that police authorities have no jurisdiction \ 3 to interfere in matters that are purely civil in nature, the respondent-police authorities, particularly respondent No- 3, are directed to refrain from interfering in the disputes of a purely civil character between the petitioner and respondent No. 4.
7. However, it is clarified that any action taken by the respondent-police authorities in strict accordance with law and by following due process shall remain undisturbed' 8, With the above said direction, this writ petition is disposed of. There shall be no order as to costs- Miscellaneous Petitions, pending if any, shall stand closed. I SD/. M. OSMAN ALI BAIG ASSISTANT REGISTRAR 6 SECTION OFFICER I //TRUE COPY//
1. The Principal Secretary Department of Home Secretariat Buildings, Hvderabad, State of Telangana. f6. Srperintendent of Polic-e,.Nagarkurnool district, - . Til St.ition House'bticer, potice"Station, Bijnapally.tlqggfl,gnool district' iii; F;;ident, State teachers Union, Telangana State STU Bhavan, Kachiguda, HYderabad. o;; iC t"'s(.r v.HANUMANTH RAo, Advocate [oPUq]- i*o Cct to Gp rOn HbUE, High Court for the State of Telangana, at Hyderabad. [OUT] Two CD CoPies To
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7. PSK. PVL HIGH COURT DATED:i2811012025 .:4 ORDER WP.No.915 of 2018 IHE S .r 1 tr tq lfliq t o (J i DISPOSING OF THE WRIT PETITION WITHOU]T COSTS c{t2 il'