✦ High Court of India · 13 Mar 2025

1. Busa Bhagyalaxmi v. 1. The State of Telangana

Case Details High Court of India · 13 Mar 2025
Court
High Court of India
Decided
13 Mar 2025
Length
1,069 words

Petition under Articte 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 an order or direction more particularly one in the nature of writ mandamus or any other appropriate writ declaring the action of Respondent No 3 interfering in civil disputes pending of the o.s.No.7 of 2023, O.S.No.8 of 2023 and 0.SNo 9 of 2f/23 on the file of the Pri senior civil Judge Huzurabad at the instance of the respondent No 4 to 6 pertaining to the agricultural lands of the petitioners in Sy.No 3221A and B situated at Bomapalli Village Huzurabad Mandal, Karimnagar D strict is nothing but arbitrary illegal in voiiation of the Article 300-4 of Constitution of lndia. Consequently direct the Res[:ondent No.3 authority not to interferer in in civil disputes pending of the O.S.No.7 of 2023, O.S.No 8 ot 2o23 and ().SNo 9 ot 2023 on the file of the Pd Senior Civil Judge Huzurabad at the instance of the respondent No 4 to 6 perteining to the agricultural lands of th€' petitioners in Sy.No 3221A and B situated at Bornapalli Village, Huzurabad Mardal, Karimnagar District. 1A NO: 1 OF 202s Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may t,e pleased to direct the Respondent.l,lo.3 authority not to interfere in civil dispute's pending of the O.S.No.7 ot 2023, ().S.No.8 ot 2023 and O.S.No.9 of 2023 on lhe file of the Pri Senior Civil Judge Huzurabad at the instance of the responde,nt No.4 to 6 pertaining to the agricultural lands of the petitioners in Sy.No iiZ2lA and B situated at Bornapalli \/illage, Huzurabad Mandal, Karimnagar District pending disposal of the writ petition. Counsel for the Petitioners: SRI V.SRIKANTHA RAO Counsel for the Respondent No.l to 3: GP FOR HOME The Court made the following: ORDER THE HON'BLE SRI JUSTICD T. VINOD KUMAR W.P.No. 7658 of 2025 ORDER: Heard learned Counsel for the petitioners, the learned Government Pleader for Home appearing for respondent Nos. I to 3 and with the consent of the learned counsel appearing for the respective parties, the writ petition is taken up for hearing and disposal at admission stage.

2. Having regard to lis involved in the Writ Petition and the manner of disposal, this Court is of the view that notice to unofhcial respondent Nos.4 to 6 is not necessary for adjudication of the present Writ Petition.

3. Shorn of unnecessarJr details, the case of the petitioners, in brief, is that the 3.d respondent is interfering in the civil disputes at thc instance of respondents No.4 to 6, even though the said disputes are subject matter of a civil s:uit uide OS.Nos.7, 8 & 9 of 2023 fied by respondents No.4 to 6, which action of the 3'd respondent, it is contended as highly illegal and arbitrary. 4- Per contra, learned Government Pleader for Home appearing lor respondents No. 1 to 3 has placed before this Court, written instructions, d,t.I2.O3.2O25, under thc signature of the Sub- Inspector of Police, Huzurabad P.S. Bt, the w.ritten instructions, it 2 is stated that a case uid'e Crime No.6l2O25 has been regi;tered on

04.O1.2025 aga nst the petitioners herein on the complaint made by the 4th respotrdent, wherein the petitioners herein ar: arrayed as accused Nos. I & 2

5. By the w^.tten instructions, it is further stated tL at except conducting invt:r;tigation in the aforesaid crime, the reslrondents- authorities ner t:r interfered in the civil disputes bct 'veen the petitioners and the unofficial respondents herein at an r point of tlme. Learned ( iovernment Pleadcr further submits that reeping rn 6. mind the abo vc crime registered and the investigat ron being undertakenb.'therespondents-authorities,thepre';entWrit Petition has been hled to bring pressure on the respondents- authorities and to divert them from investigating into the case' 7 I have ta <cn note of the respective submissions ma Ce

8. As the r,: spondents by the written instructions cl eim of the 3.d responder t basing on the complaint made b:' the 4th respondent, he ving registered a case uide Crime No'6/2C25 against the petitionerri hercin on 04.O1 .2025, under the pr<'visions of Sections 318(4 ), 329(3],351(2) r/w Section 3(5) of BNS, this Court is of the vieu' tLLat the respondents-authorities are to be directed to 3 investigate into the aforesaid crime and take action in the matter, strictly in accordance with law. g . Subject to the above observation and direction, the Writ Petition is disposed of. No order as to costs.

10. Consequently, miscellaneous petitions, if any, pending shall stand closed. I I/TRUE COPY// SO/-K.AMMAJI UTYREGISTRAR o CTION OFFICER State of Tdlangana- 500004 t The Princioal Secretary For Home Secretariate Building' Saifab . 2. The commissioner of Police, Karimnagar Karimnagar Twon and District ad Hyderabad, 505001 \ To,

3. The Station House officer; Huzurabad Police Station' Huzurabad' Mandal Karimnagar District

4. One CC to SRI V.SRIKANTHA RAO, Advocate IOPUC] 5. Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad [OUT]

6. Two CD Cop'rcs 1r BSR LS HIGH COURT DATED: 1 31031i2025 I ORDER WP.No.7658 of 2025 .=' ,?l.J I 2 2 APR ilffi o 4TCl\ '/:..\ .j, t- z a + { DISPOSING OF THE WRIT PETITION, WTHOUT COSTS PA B 11 v{

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