Teegala Raghupthi v. 1. State of Telangana

Petition Under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order or direction more particularly one in the nature of writ of Mandamus declaring the action of Respondent No. 5/ police authorities in calling the Petitioner and making him sit at Police station from Morning till Evening and threatening to settle the issue covered by civil suit in o.S.No. 1 19 of 2023, pending on the file of Junior Civil Judge, Ramannapet as arbitrary, illegal and unjust in violation of principles of natural justice and against Articles 14 and 21 of Constitution of lndia and issue a consequential direction to the Respondent No. 4 not to call the petitioner to police station. I ! i i ; l i I , i l i 'ffiEFr-*z":' .r:. ./ . |.A.NO:1 OF 2024 Petition Under section 1b1 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 Nos.1 to 4 not to call the petitioner to the police station by threatening and harassing him in respect of any complaint made against him without following due procedure of Law. |.A.NO:2 OF 2024 Between: Teegala Raghupthi S/o. Somaiah,.{09! aboul 35 years, Occ ; Agriculture, R/o. Sadar Shapur Village, Mothkur Mandal, yadadri Bhon{iri Diatrict. AND ....,PETITIONER

1. Teegala Venkataiah,.S/o. S.hivaiah, Aged about 50 years, Occ ; Agriculture, - Ri/o. Sadar Shapur virrage, Mothkur Mandar, yadadri Bhuvanagiri bistrici

2. The State of Telang Secretariat. ana, Rep., Oy its erincipat ,""ru,"O, Home Department, .RESPONDENT/PETITIONER

3. The Deputy Commissioner of police, Bhongit, Rachakonda. 4. The Asst. Commissioner of police, Choutuppal, Rachakonda. 5. The Station House Officer, Mothkur police Station. .....RESPONDENTS/RESPONDENTS Nos.1 to 4 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 vacate the interim order Dt: 12-01-2024 granted in W.p.No.1146t2O24. Counsel for the Petitioner : SRI BATTE SOWMYA Counsel for the Respondent Nos.I to 4 : Gp FOR HOME Counsel for the Respondent No.S : SRI S.VIJAyA PRASHANTH The Court made the following ORDER ' ::-r::1:t:i. r':8r' . ../ HON'BLE SRIJUSTICE T. VINOD KUMAR WRIT PETITION No.1146 o12024 ORDER: None appears for the petitioner.

2. lleard leamed Govemment Pleader for Home appearing on behalf of respondent Nos.l to 4 and Sri S.Vijaya Prashanth, leamed counsel appearing on behalf of 5th respondent, and perused the record.

3. The case of the petitioner as set out in the affidavit filed in suppoft of the Writ Petition is that the 4tl' respondent is catling the petitioner to Police Station and making the petitioner to sit fi-on morning till evening and coercing the petitioner to settle the civil disputes existing between the petitioner and unofficial respondent, which is subject matter ol suit vide O.S.No.l 19/2023 on the file of the Junior Civil Judge, Ramannapet, Yadadri-Bhuvanagiri District, which action of the respondent authorities, it is contended as illegal, arbitrary, unjust and in violation of principles of natural justice and Article 14 and 21 of Constitution of India.

4. Per contra, leamed Govemment Pleader for Home appearing on behatf of respondent Nos.l to 4 submits that the 5th respondent herein had lodged a complaint with the 4th respondent authority on I 2 24-12-2023, upon which the authorities have made a GD entry and after causing enquiry there into, have closed the aforesaid complaint as civil in nature on 25-12-2023.

5. Leamed Govemment pleader for Home l.urther subrnits that autholitics, except for the purpose of causing preliminary enquiry into the complaint lodged by the 5th respondent against petitioner, have not called the petitioner nor threatened the petitioner to settre the civil disputes existing between the petitioner and unofficial respondent, u.hich are sub.ject rnatter of O.S.No.1l912023. 6 I har, e takcn note of respective contentions urged.

7. Though, the petitioner while approaching this Courr by the present Writ Petition had alleged that respondent No.4 is calling the petitioner to Police Station and making him to sit from morning ti, evcning and also threatening to settle the civil disputes which is subject matter of suit O.S.No.1lgl\O23, since, on behalf of the respondent authorities, it is now stated before this court that initially, a complaint having been lodged by the 5rh respondent herein on 24-12-2023 and the respondent authorities, after causing preliminary enquiry there into, having closed the same on 25_12_2023 as civil in nature, this Court is of the'iew that respondent authorities are to be I I i I I I I ! l ! t I i directed not to interfere in the civil disputes that exist between the petitioner and unofficial respondent herein more particularly in respect of dispute which is subject matter of suit vide O.S.No.1l9l2023. except in accordance with law.

8. Subject to above observation and direction, thle Writ petition is disposed of. No costs.

9. Consequently, miscellaneous petitions, if any, pending shall stand closed. //TRUE COPY// o SD/. K.BHAVANI SWAMY STANT REGISTRAR ECTION OFFICER Hyderabad. 1 . The Principal Secretary, Home Department, Secretaria State of Telangana at 2. The Deputy Commissioner of Police, Bhongit, Rachakonda. 3. The Asit. Commissioner of Police, Choutuppal, Rachakonda 4. The Station House Officer, Mothkur Police Station. 5. Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad. [OUT]

6. Ohe CC to SRI BATTE SOWMYA, Advocate [OPUC] 7. One CC to SRI S.VIJAYA PRASHANTH, Advocate (OPUC) 8. Two CD Copies To SA LS HIGH COURT DATED:0810712025 ORDER WP.No.1146 ot 2024 ,.4 /.'' 11 2 0 sEP 20m I I \ ., *.- \ I ,:.- ,1 I I : 1 I i l DISPOSING OF THE W.P WITHOUT COSTS. DK