Kareddv Bucha Reddy v. 1. The State of Telangana

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 pleasedtoissueanorderordirectionmoreparticularlyoneinthenatureofWritof Mandamus declaring the action of the 2nd respondent in not taking cognizance of the complaint dated O6tO2t2O25 lodged by the petitioner as against the 3'd and 4rh respondentsfortheirillegaltrespassintotheagriculturelandofthepetitionerin Sy. No.179/1 , admeasuring Ac.4-28 guntas, Sy' No 183/A' admeasuring Ac 0-35 guntas, Sy. No. 190, admeasuring Ac'1-26' guntas and Sy" No 191/2' admeasuring Ac.3-00, total admeasuring Ac'10-09 guntas at KalyNarala village' VeepanagandlaMandal,WanaparthyDistrictbyviolatingtheabsoluteinjunction order granted by the Civil Court, dated 0910112025 in l.A. .No. 9212022 in Q.S. No. 1218t2022 as illegal, unlawful, contrary to law and consequently direct the 2nd respondent l'police to lake cognizance of the above complaint of the petitioner and also provide police aid for implementation of the above absolute injunction order. lA NO: 1 OF 2025 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 issue interim order directing the 2nd respondent police to take cognizance of the complaint dated 06-02-2025 as filed by the petitioner as against the 3rd and 4th respondents for their illegal trespass into the land of the petitioner in Sy. No. 179/1 , admeasuring Ac.4-28 guntas, Sy. No. 183/A, admeasuring Ac.0-35 guntas. Syi No. '190. admeasuring Ac.1 -26 guntas and Sv. No. '19112. acjmeasuring Ac.3- 00, total admeasuring Ac.'l 0-09 guntas at Kalwarala village, Veepanagandla Mandal. Wa impart 11) District and provide police aid for implementation of the absolute injunction order granted by the Civil Court dated 09-01-2025 in l.A. No. 9212022 in O.S. No 121812022. pending disposal of main Writ Petition. Counsel for the Petitioner: SRI M. DAMODAR REDDY Counsel for the Respondent Nos.1 and 2: GP FOR HOME Counsel forthe Respondent Nos.4 and 5: SRI J. SURESH BABU The Court made the following: ORDER I I I THE HON'BLE SRI JUSTICE T. VINOD KUMAR W.P.No. 5575 of 2o25 ORDER: Heard learned Counsel for the petitioner, learned Government Pleader for Home appearing for the respondent No'1 & 2, Sri J.Suresh Babu, learned counsel appearing for respondent Nos.3 & 4, and with the consent of the counsel appearing for the respective parties, the Writ Petition is taken up for hearing and disposal.

2. The case of the petitioner, in brief, is that though he had approached the respondents-authorities and submitted a representation/complaint, dt.O6.O2.2025, no action has been taken by the 2"d respondent-authority against the unofficial respondents herein, who have illegally trespassed into the petitioner's agricultural land in survey No.179 ll, 1831A, 190, and 19ll2 of Kalwarala Village, Veepanagandla Mandal, Wanaparthy District, in spite of the petitioner having obtained an order of injunction from the competent Court of Civil jurisdiction in IA.No.92 of 2022 in OS.No. i218 of 2022, wtticlr action on the part of the respondents-authorities it is contended as highly illegal and arbitrary. 2

3. Per contt-a, learned Government Pleader for Home appearing for official respondents would submit that the contents of the complaint, as given by the petitioner, itself disclose the dispute between the petitioner and the unofficial respondents to be a civil dispute, and as such the respondents-authoritiis cannot take any action on the sa id complaint of the petitioner. Learned Government Pleader further submits that since, the 4. petitioner is alleging violation of the injunclion order, dt.Og.O 1.2025, the petitioner has to avail further remedies provided under the Code of Civil Procedure (for short 'CPCJ, anrl for the said reason cannot approach the respondents-authorities and lodge a complaint.

5. l,earned counsel appearing on behalf of the unofficial respondents, on the other hand, wouid submit that 'rggrieved by the aforesaicl order of injunction, the unofficial respondent No 3 has preferred filed an appeal and the same is pending consideration, and only in order to frustrate the aforesaid appeal, the petitioner has filed the present Writ Petition seeking police aid'

6. I have taken note of the respective submissions made'

7. Firsttg, it is to be noted that the petitioner having invoked the jurisd.i,c(i9n of the competent Civil Court by hling a suit uide 3 O.S.No. i218/2022, and aiso having obtained an injunction order in 1A.No.9212O22 on Q9.O1.2025, ought to have availed further remedies provided under CPC, if the said order has been violated by the unofficial respondent No.3, who is defendant in the above suit. Instead of availing the further remedies provided under civil procedure, the petitioner had approached the respondents- authorities by lodging a complaint against the unofficial respondents, thereby setting in motion the criminal procedure in a dispute of civil nature.

8. It is settled position of law that giving criminal colour to a civil dispute, thereby involving the respondents-police authorities in civil disputes, cannot be permitted[Parar4ieet Batra tts State Of Uttarakhand & Orsr, Usha Chakrabortg us Statc Oj West BengaPl.

9. Since, the petitioner has admittedly set in motion the civil jurisdiction by filing a suit uide OS.No.1218 of 2022, wherein he having obtained an order of injunction against respondent No.3 herein restraining from interfering in the suit schedule property, this Court is of the view that the petitioner should be directed to avail further remedies as provided under CPC and for the said ' lzot:1 rr scc oz: 2 criminal Appeal arising out of sLP (crl- | 5866 of 2022, dt.30.01.2023 I I 1 "t To, 4 reason, cannol approach the respondents-authorities b1' lodging a complaint 10 Granting liberty as noted herein above, the Writ Petition is disposed of. No order as to costs. 11 Consequently, miscellaneous petitions, if any, pending shall stand closed. //TRUE COPY// SD/.A.V.S .PRASAD D PUTY RE GISTRAR SECTION OFFI CER at, The State of Telang The Sta District.

1. The PrinciPal ecretary, Home DePartment' Se 5 ana, H tion Hou erabad. se Office 2 ne CC to Sri tvl. Damoda 3.o 4. Two CCs to GP for Home' ouTl ri J.S uresh Babu, AdvocatetOPCUl r Reddy' High Co r, VeePanagandla erabad I Hvd CCtoS One Two CD CoPtes Police Station' WanaParthY Advocate toP UClT"lrng"nu, State of urt for the 't E b. TJ GJP\P HIGH COURT DATED:1 5104,t2025 ORDER WP.No.5575 af 2025 L STA r€ '? :) I I 2 3 APf, ?[25 I ,) ,.o i I DEsPATc DISPOSING OF THE WRIT PETITION WITHOUT COSTS I @ Rb +l^