✦ High Court of India · 13 Mar 2025

High Court · 2025

Case Details High Court of India · 13 Mar 2025
Court
High Court of India
Decided
13 Mar 2025
Bench
Length
1,237 words

2. The Superdent of Police, District Wanaparthy. 3. The Divisional Superdent of Police, District Wanaparthy 4. The Circle lnspector of Police, Wanaparthy 5. The Station House Officer of Police, Pangal, Wanaparthy Dist. 6 tvlidde Lakshman Murthy, S/o. late IVlidde Kurumuffiy Aged about 65 years, 7 Midde Sridevi, D/o. Lakshman Murthy Aged about 40 years, Occ. Advocate 8. Middq Sri Vidya, D/o. Lakshman IVurthyAged about 38 years, Occ. Employee 9. Midde Upendra, S/o Lakshman Murthy Aged about 35 years, Occ. Employee 6 to I atl are R/o. H.No.39-159, Bandaru Nagar, Wanaparthy Municipality, Wanaparthy: Occ. Retd., Bank Employee and Practicing Advocate

10.Alivela, Wo. Vishnu Murthy D/o. late Kuru A/urtily Aged about 48 years, Occ. Housewife, R/o Gopalapuram Village Pangal IVlandal, Wanaparthy 'l 1. Putta Rainchandramma, W/o. P. Krishnaiah D/o late Kuru Murthy Aged about 52 years, Occ. Housewife, Rlo. Maddigatla Village Peddamandadi Mandal,Wanaparthy District.

12.Dasari Parvathamma, Wo. D Ramakrishna D/o. late Kuru Murthy Aged about 40 years, Occ. Housewife, R/o Chinamuru Village. Chinnobavi Mandal, wanaparthy District ...RES'.NDENTS 7 Petition under Article 226 of the constitution of lndia praying that in the circumstances stated rn the affidavit filed therewith, the High court may be pleased to issue an apprppriate writ, order, or direction, more particurarry one in the nature of a writ of Mandamus, declaring the action of the Respondents 2 to E not to interfere with the civil dispute and personal liberty between the petitioners and respondent 6 to 12 in the respect of land Sy.No. .l admeasuring Ac..l_ 07 gts.., situated. at (rishnapuruam village, pangal MAndal. ln Sy. No. 3iAA admeasuring Ac- B -11 gts, and Sy No.4 admeasuring Ac. 0-14 gts .., totat admeasuring Ac g_2g gts.., sitUtated at Gopalapuram Village, pangal Mandal, Wanaparthy Digtricl. la illegal' arbitrary, 6nd 'roration of the fundaqJentar rights guaranr9ed under the constitution of lndia and without the jurisdiction and consequenily direct the respondents not to interfere with lhe civil disputes and personal liberty between the petitioners and the respondents No 6 to 12 and in the respect of abqve said IA NO: oF 2025 Petition under section 'r 5'1 cpc praying that in the circumstances stated in the affidavit filed in Support of the petition, the High Cou( may be pleased to direct the responQglts 2 to 5 not tq interfere with the civil disputes and the personpl liberty between the petitioners and lhe respondents 6 tq g, and in the respec! of the land land Sy.N9 1 admeasqring Ac.1_7 gts, siluated at krishnapuruam village, Pangal lvlandal tn Sy.No.3/AA admeasuring Ac- B -11 gts. and Sy No.4 admea$uring Ac.0-'14 gts ., total adrlgasuring Ac.B-f5 gt$,situtated at Gopalapuram Village, pangar Mandar, wanaparthy District and H.No. 39-1s9 admeauring 316.8 sq.yards situtated at Eandaru Nagar, Wanaparthy pending disposal of the main writ petition. Counsel for the Petitioners: SRI SHANKARAIAH GOBBURU Counsel for the Respondent Nos.1 TO 5: Gp FOR HOME Counsel for the Respondent Nos.6 TO 12: _ The Court made thg foltowing: ORDER I I i / THE HON'BLE SRI JUSTICE T. VINOD KUMAR Writ Petition No. 7709 ot 2025 ORDER Heard learned counsel appearing for the petitioners, Iearned Government Pleader for Home appearing for respondent Nos.1 to 5 and wlth the consent of the learned counsel appearing for the parties, the Writ Petition is taken up for hearing and disposal at the admission stage.

2. Having regard to the manner of disposal of the Writ Petition at the admission stage and the /ls involved, this Court is of the view that notice to unofficial respondent Nos.6 to 12 is not necessary for adjudication of the present Writ Petition.

3. The case of the petitioners, in brief, is that respondent Nos.2 to 5 are interfering in civil disputes between the petitioners and unofficial respondents 6 to 12 in relation to partition of the property, which is the subject matter of suit, vide O.S.No.27 of 2024 on the file of the II additional -lunior Civil Judge, Wanapafty, and are coercing the petitioners to settle the aforesaid civil dispute in favour of the unofficial respondents, which action of the respondents, it is contended is contrary to law, illegal and arbitrary.

4. Petitioners further contend that the respondents, by coercing them to settle civil dispute, are intefering with their personal life and liberty. I 'I I ; I l l 2 ?

5. Per contra, learned Government pleader for Home appearing on behalf of respondent Nos.1 to 5 submits that the respondents-authorities are no way concerned with the civir dispute between the petitioners and unofficial respondents 6 to 12 and that the respondents-authorities are not at all interfering in the civil disputes, much less in relation to the aforesaid suit mentioned by the petitioners.

6. Learned Government preader wourd further submit that the present writ Petition has been fired by the petitioners apprehending that the unofficial respondents may approach the respondents-authorities by lodging a complaint, in which event, the authorities would take up enquiry into the matter. Thus, the present writ petition has been filed making wild allegations against the respondents-authorities with regard to their interference in the civil disputes. 7 I have taken note of the respective contentions urged. B. Since, on behalf of the official respondents, it is stated by the learned Government Pleader for Home that the sard authorities are not interfering in the civil dispute, much less personal life and liberty of the petitioners, this Court is of the view that while placing the aforesaid statement made to this Court on record, the respondents-authorities are to be directed to act strictry in accordance with raw, in the event of any complaint being made by the unofflcial respondents against the petitioners. r To 2 |) 4 A 6 7 B PSK. BS 3 9 Subject to above direction, the Writ petition is disposed of. No order as to costs. 10 Miscellaneous petitions, if any, pending in this writ petition shall stand closed. SD/-A.V.S. PRASAD ASS T NT REGISTRAR S CTION OFFICER -1. The Principal Secretary, Home Department Secretariat' Hyderabad' State of //TRUE COPY// "-iJ" Telanaqana. nt of P o I ice, D i stri ct Wa na pp rt hv ii5'si,l ii-i. 6^i"i""li-s,perdent of Po|ice District wanapartnv The Circle lnspector of Police' Wanapanny. . . . iil: si;ii;;'Fi5ri" oni"e' J#oiii" Fungil wanaparthv Dist one cc to sRl sHANKAnirnri'o6edU"RU Advocate t-o-Pyc1 Yffi 6d.i;cp rcji HoH'rE' iiigtt-co"t for the State of Telangana at Hvderabad IOUT] Two CD CoPies V HIGH COURT DATED:13103t2025 ORDER WP.No.7709 of 2025 r. i J",, {;;;; o- 11 ilAn 2&5 * PA * DISPOSING OF THE WRIT PETITION WITHOUT COSTS f+ 5 1; )t

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