✦ High Court of India · 24 Apr 2025

High Court · 2025

Case Details High Court of India · 24 Apr 2025
Court
High Court of India
Decided
24 Apr 2025
Bench
Not available
Length
1,087 words

2. Pavithra, W/o: Koukuntla Srinivas Reddy, Age. 36years, Occ. Housewife, Rl/o H.No.1-81, Koduparthy village, Thimmajipet Mandal, Nagarkurnool District, presently residing at H.No.1-433/6ElN1, Padmavathi Colony, Road No.4, Badepally village, Jadcherla Mandal, [Vlahabubnagar District. ...PETITIONERS AND 1 The State of Telangana, represented by its Secretary, Department of Home, Secretariat, Hyderabad. 2 3 4 5 The Superintendent of Police, Nagarkurnool District, Nagarkurnool The Sub lnspector of Police, Thimmajipet Police Station, Thimmajitpet, Nagarkumool District. Asst.Sub lnspector of Police, Thimmajitpet Police Station, Thimmajipet, Nagarkurnool District. Koduparthy Masaiah, S/o: Late Ramulu, Age.SOyears, Occ.Farmer, Rl/o Koduparthy village, Thimmajiept Mandal, Nagarkurnool District ...RESPONDENTS 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 Writ, Order or Direction more particularly one in the nature of WRIT OF MANDAMUS Respondent No. 4 visiting the house of the petitioners bearing No. 1-433/6E/A/1 , Padmavathi Colony, Road No.4, Badepally village, Jadcherla Mandal, Mahabubnagar District and also the Respondent No.3. making telephone calls to the petitioners Mobile Nos. No. 9948186500 and No. 9912167439 from his mobile No.8712657717 instructing the petitioners to come to police station, Nagarkurnool and insisting them to execute document alienating the land belonging to them in favour of the Respondent No.5 who lodged complaint registered as Cr.No 20 of 2025 u/s 194 BNSS alleging that his son committed suicide, as illegal arbitrary, unjust and without jurisdiction and without any authority of law and has the effect of violating the fundamental Rights guaranteed to the petitioners u/a 14, 19 AND 21 of the Constitution of lndia and consequently direct the Respondent No.3 AND 4 not to call them to the police station and not to insist them to execute documents alienating their land situated at Koduparthy village in favour of Respondent No.5. and not to interfere with their peaceful life and liberty without following due process of law. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased be pleased, pending disposal of the Writ Petition to direct the Respondent No.3 & 4 not to call the petitioners to the police station and not to insist them to execute documents alienating their land situated at Koduparthy village in favour of Respondent No.5. and not to interfere with their peaceful life and liberty without following due process of law, pending disposal of the writ petition. Counsel for the Petitioner: SRI K. VENKATESH GUPTA Counsel for the Respondent Nos.1 to 4: GP FOR HOME Counsel for the Respondent No.5:-- The Court made the following: ORDER THE HON'BLE SRI JUSTICE T. VTNOD KUMAR Writ Petition No.4938 of 2025 ORDER: Heard learned counsel for the petitioners appearing through Online, learned Government Pleader for Home appearing for respondent Nos.1 to 4 and perused the record.

2. Despite the petitioners being directed to take out notice to respondent No.5 and file proof of service, the same has not been filed till date. However, having regard to the manner of disposal of the. writ petition and nature of /s involved, this Court is of the view that the matter can be proceeded with, without having the audience of the said respondent.

3. The case of the petitioners, in brief, is that the 4th respondent is visiting the house of the petitioners and calling the petitioners to police station and coercing them to execute documents alienating their land situated at Koduparthy Village in favour of the 5th respondent, which action of the respondents-authorities it is contended as highly illegal and arbitrary with a consequential direction to the respondents-authorities not l to interfere with the petltioners' life and libefi without following due process of law. ) -

4. per contra, learned Government pleader for Home appearing on beharf of respondent Nos.1 to 4 wourd submit that based on the compraint made by the 5th respondent herein, the authorities have registered a case, vide Crime No.25 of 2O2S dt.12.02.2025, wherein the lsr petitioner is suspected to be involved in the aforesaid crime.

5. Learned Government pleader further submits that the respondents- authorities except investigating into the aforesaid crime, wherein the 1s petitioner is suspected to be invorved, the authorities are not interfering with the life and liberty oF the petitioners.

6. Learned Government pleader further submits that the lst pefitioner since is only suspected to be involved In the aforesaid crime, the authorities have called him to the police station and are not interfering with the life and liberty of the petitioners as being claimed.

7. The aforesaid submission made by the learned Government pleader for Home appearing on behalf of respondent Nos.l to 4 is taken on record.

8. Having regard to the submissions made as above, since, the 1st petitioner is only suspected to be involved in the case, vide Crime No.25 of 2025 on the file of Thimmajipet Village, Nagarkurnool District, this Court is of the view that the respondents_authorities are to be directed Q.rnvestigate as to the involvement of the petitioners in the 3 commission of the aforesaid crime and take action strictly in accordance with law. 9 Subject to above direction, the Writ Petilion is disposed of. No order as to costs.

10. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. //TRUE COPY// S D/- L. VIJAYA LAXMI TSTNNT REGISTRAR S SECTION OFFICER e State of Telangana To,

1. The Secretary, Department of Home' Secretariat' Hyderabad lnsPector of rnool District Police, Thimmajipet Police Station' Thimmaiitpet'

2. The Superi ntendent of Police, Nagarkurnool District' Nagarkurnool 3. The Sub Nagarku 4. Asst.Sub lnsPe ctor of Police, Thimmajitpet Police Station' Thimmajipet' 5. One CC to Sri K. Venkatesh Gupta' Advocate [OPUC] 6. Two CCs to GP for Home, High Court for the State of Telangana' at Naga rkurnool District. Hydera bad [oUI TJ LS

7. Two CD CoPies I I I I i HIGH COURT DATED:2410412025 ORDER WP.No.4938 of 2A25 ( HE SIA 14: I 02 ,tilii Ztl[ ilI:.:,ii/ DISPOSING OF THE WRIT PETITION WITHOUT COSTS o$*'

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