THE HON'BLE SRIJUSTICE C v. BHASKARREDDY WRIT PETITION No

Judgment

9. The State of Telangana, Rep by its Principal Secretary (Home Department) Secretariat Hyderabad. The Superintended of Police, Nalgonda District at Nalgonda. The Dy. Superintended of Police, Nalgonda Division] Nalgonda District at Nalgonda. The Circle lnspector, Shaligaurama, at Nakrekal Town of Nalgonda District. The Station House Officer, Kethapaly Police Station Kethapaly (V) and M), Nalgonda district.

Sri. Andthala siva teja, sio. Venaktaiah, Age. 37 Years, Occ. S.l.Police, Kethapally P.s. at Kehthapaly (V) and (M), Nalgonda district. Beeram Jan Reddy, S/o. Ram Reddy, Age: 40 years, Occ. Agriculture, Rl/o. Kethapaly (V)and(M), Nalgonda District Mudi Reddy karunakar Reddy, Sio. Veera Reddy, Age. 44 years, Occ. Agriculture, Ri"/o. Kethapaly (V) and (M), Nalgonda District Koppolu Amernder Reddy, S/o. Srinvias Reddy Age. 48 years, Occ. Agriculture, Rl/o. Kethapaly (V)&(M), Nalgonda. District 10 Koppolu Srinvas Reddy, S/o. venkat Reddy (Late), Age. 75 years, Occ. Retd. Teacher, Rl/o. Kethapaly (V)&(M), Nalgonda District ...RESPONDENTS 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 a Writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the high handed action of respondent No 2, to 6 mainly the 6th respondent in the capacity of the 5th respondent interfering in the civil disputes to support the other respondents fJo. 7 to 10 which the injunction orders granted by the Honble court vide l.A.No. 24 of 2024 in O.S.No. 4 of 2024 daled .12-1-2024 interrupting the cattle shed in the bearing H. No. 2- 9711 , with in sy.No 548/a, nearsing 327.67 Sq. yards, plinth aria 257.24 Sq Feets, roofed with ACC situated at Kehtapally Village arrd Mandal of Nalgonda District and threatening by the 6th respondent to implicate the petitioner in the false ioisted criminal cases is without jurisdiction or authority, bad in law, illegal, arbitrary and violating the natural justice illegal violative of Art 21 of the constitution of lndia CONSEQUENTLY direct the respondents No. 2 to 6 refrain and not to interfere in the civil disputes pending between the petitioner and the respondents No. 7 to 10 in subject lands, O.S.No . 4 of 2024 pouring the threats foisting false cases misusing the position of the Sth respondent. lA NO: 'l OF 2025 Petition under section 151 cPC praying that in thr-. circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondents No. 2 to 6 refrain and not to interfr:re in the civil disputes pending between the petitioner and the respondents No. 7 to 10 in subject lands, o.S-No.4 of 2o24 pouring the threats foisting false cases rnisusing the position of the Sth respondent. Counsel for the Petitioner: SRI G.L.NARASIMHA RAO Counsel forthe Respondent No.1 to 5: AGp FOR HOME The Court made the following: ORDER [_ THE HON'BLE SRIJUSTICE C. V. BHASKARREDDY WRIT PETITION No.2949 0F 2025 ORDER: The writ petition is filed seeking following relief: "...to issue a Writ, order or direction more particularly one in the nature of WNT OF MANDAM(IS declaring the high hatrded action of respondent No'2 to 6 mainly the dh respondent in the capacity of the 5'h respondent interfering in the civil disputes to support the other respondents No'7 to l0 whiclt the injunction orders granted by the Hon'ble court vide I.A. No.24 of 2024 in O'S' No'4 of 2024 dated 1212024 interrupting the cattle shed in the bearing H'No'2-97/l with in Sy.No.548/a nearing j27.67 Sq' yards, plinth aria 257'24 Sq' Feets roofed with ACC situated at Kehtapally Village and Mandal of Nalgonda District and threatening by the dh respondent to implicate the petitioner in the false foisted criminal cases is without jurisdiction or authority bad in law illegal, arbitrary and violating the natural justice' illegal ,iolative of Art 21 of the Constitution "J CONSEOUENTLY direct the respondents NO'2 to 6 refrain and not to interfere in the civil disputes pending between the petitioner and the respondents No'7 to l0 in subiect lands O.S. No.4 of 2024 pouring the threats foisting false cases misttsing the position of the 5'h respondent and pass ' '" It is stated that petitioner is owner and possessor of the 2. property bearing H.No.2-97l1 admeasuring 327 '67 sqrme yards in Survey No.548ia situated at Kethepally Village and Mandal' Natgonda District. As respondent Nos'7 to 10 are interfering with the peaceful possession of the petitioner over the subject property' he has l 2 instituted a suit in O.S. No.04 of 2024 on the frle of rhe learned Junior Civil Judge, Nakrekal, (for short 'Trial Court ') seeking injunction restraining respondent Nos.7 to 1C, and others from interfering rvith the subject properly. The Triat Court vide ,rrder dated

12.01 .2024 in l.A. No.24 of 2024 in O.S. No.4 of 2024 has granted ex parte ad-interim injunction order restraining respondent Nos.7 to 10 and others tiom interfering with the subject property.

3. Grievance ol the petitioner is that at the instance of respondent Nos.7 to 10, respondent No.6 is frequently calling the petitioner to the Police Station and forcing him to enter into a compromisc/settlement with respondent Nos.7 to 10 as per the terms dictated by him.

4. Learned Assistant Govemment Pleader for Home. on instructions, would submit that on the complaint lodged by respondent Nos.7 to [0, a case in Crime No.168 of 2023 was registered against the petitioner. Pending investigation of the said crime, the mother of the petitioner has also lodgecl private complaint against respondent Nos.7 to I 0 which is ralso pending for investigation. Respondent Nos.4 to 6 have called the petitioner to the Police Station only for the purpose of investigation in Crinre No. 168 l a 3 of 2023 and they are not interfering in the civil disputes between the petitioner and respondent Nos.7 to l0 in any manner.

5. As it is stated by the leamed counsel for the petitioner that there are disputes with regard to the subject property and petitioner t t has instituted a suit in O.S. No.4 of 2024 on the file of Trial Court, and injunction order dated 12.01 .2024 was granted by the Trial Court in I.A. No.24 of 2024 in O.S. No.4 of 2024, this Court deems it appropriate to dispose of the writ petition directing respondent No's.4 to 6 not to interfere in the civil disputes between the petitioner and respondent Nos.7 to 10, except due process of law. However, this order does not preclude the Police to proceed with the investigation in Crime No. 168 of 2023 registered against the petitioner, in accordance with law. If the presence of the petitioner, is required for the purpose of investigation, respondent Nos.4 to 6 are directed to comply with the procedure contemplated under Section 41A of the Code of the Criminal Procedure 1973 (Cr.P.C.) and guidelines issued by the Hon'ble Apex Court in Arnesh Kumar v. State of Bihart.

6. With the above observations, this writ petition is disposed of There shall by no order as to costs. ' zorc(a) scc zz: I .x 4 As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed. //TRUE COPYII SD/- P. PADMANABHA REDDY ASSISTANT REGISTRAR \ T o, ' Jif"",r'.fttiflal ON OFFICER secretary' (Home Department), secretariat, Hyrlerabad, state SE 2 3

5. 6 7 The Superintended of police, Nalgonda District at Nalgonda. Illflr;rt'o"rintended of Police, Nalgonda Division, Natgonda District at The circle lnspector, Shaligaurama, at Nakrekal rown of Nalgonda District. I:["T3:"Jl.l13Y:e One CC to SRt G.L.NARASIMHA RAO, Advocate [OpL,Cj Two CCs to Gp FOR HOME, High Cou( for the Stite of felangana at Hyderabad [OUT] officer' Kethapalv Police station Kethaparv (vJ and M), B. Two CD Copies BSR GJP 6 r.* .-:rtr'.,:8::i.E Bf. STAIe 1 o 7 tii 7fir( ( )t1 ...7+' HIGH COURT DATED: 03tOZt2O2S ORDER WP.No.2949 of ZO2S DISPOSING OF THE WRIT PETITION, WITHOUT COSTS o)'T'u 1-1