Marti Lalaiah v. Secretariat, Hyderabad

Petition under A(icle 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, Orders or Directions more particularly one in the nature of Writ of Mandamus, declaring the action of the 3'd respondent in calling the petitioner his family members to the police station at the instance of the 5h respondent without registering any crime interfering with the civil dispute i.e., conducting of survey between the petitioners land and Sth respondent land i.e., Sy No. 149/AA to an extent of Ac.6.30 gts and Sy No. '1 50 to an extent of Ac.2.00 gts covered with compound wall situated at Thanagampadu Revenue Village, Khammam Rural mandal, Khammam District is illegal and void and opposed to Article 14, 19, 21 and 300-rA of Constitution of lndia and consequently direct the respondents 3 and 4 not to interfere with the peaceful possession and enjoyment of the petitioner land without registering any crime and I ithout following due process of law for conducting survey of the land lA NO: 'f OF 2018 Petition under section 151 CPC praying that in the ( ircumstances stated in the affidavit filed in support of the petition, the High corr t may be pleased to direct the respondents police not to calling the petitioner o the police station without registering any crime, pending disposal of the main I rit petition Counsel for the Petitioner: SRl. MUMMANENI SRINIVASA F AO Counsel for the Respondent Nos. 1to3: SRI D. PRADEEP , , rGP FOR HOME Counsel for the Respondent No.4: GP FOR REVENUE Counsel for the Respondent No.S:- The Court made the following: ORDER I l I I I I I/) I THE HOITOURABLI stRI JUSTICE N.TUKARA.}IJI WRIT PETITION No.7467 OF 2OI8 ORDER: This Writ Petition is frled under Article 226 of Constitution of India seeking the following relief/s:- l...to issue a Writ, Order, Orders or Directions more particularly one in the nature of Writ of Mandamus, declaring the action of the 3rd respondent in calling the petitioner his family members to the police staton at tlle instance of the Sth respondent without registering any crime interfering with the civil dispute i.e., conducting of survey between the petiLioners land and Sth respondent land i.e., Sy No. I49/AA to an extent of Ac.6.3O gts and Sy No. l5O to an extent of Ac.2.00 gts covered with compound wall situated at Thanagampadu Revenue Village, Khammam Rural mandal, Khammam District is illegal and void and opposed to Article 14, 19,21 and 3O0 A of Constitution of India and consequently direct the respondents 3 and 4 not to interfere with the peaceful possession and enjoyment of t]:e petitioner land without registering any crime aJld without following due process of law for conducting survey of the land and to pass..,,.."

2. None appeared on behalf of the petitioner.

3. Heard Mr.D.Pradeep, learned Assistant Governrnent Pleader for Home appearing for respondent Nos. I to 4.

4. The learned Assistant Governrnent Pleader for Home submits that respondent No. 3 has never interfered in the civil disputes, as alleged by the petitioner, nor has he called the petitioner's family members to the police station. It is contended that t.I,.e allegations made by the petitioner are unfounded. He further submits t-I,at the petitioner's presence was secured only during the course of enquiry in Crime No. 89 of 2O18, in which I I I I I I i I l l L I I I I i I i I I i I 2 the petitioner was arrayed as Accused No. i Hence, the contentions raised in the petition are baseless, ar C'the learned Assistant Government Pleader prays for dismissa-l I the petition.

5. I have perused the material available on reco -, [.

6. The petitioner, in his alfrdavit, asserts that - spondent No. 5 has been interfering with his civil disputes z nd has been summoning him and his family members to the police station without any justifiable reason.

7. Having considered the submissions and the ircumstances of the case, the respondent police authoritie s particularly respondent No. 3, are directed to refrain from in:r rfering in the petitioner's civil disputes and shall not summon t r petitioner or his family members to tJre police station without valid reason, except in strict accordance with law and by bllowing due process.

8. With this direction, this writ petiti,on is disp, ,sed of- There shall be no order as to costs. Miscellaneous Petitions, pending if any, shall tand closed //TRUE COPY// SD/.K,MADHAVI ISTANT REGISTRAR ASS :._>" SECTION OFFICER To, 1- The Prl Secretary, Home Depqrtment Secretariat, Hyder abad * - -co*A --- I I I \

2. The Comrniissioner of Police Khammam Rural, Khammam District 3. The Station House Officer Khammam Rural Police Station, Khammam Khammam District

4. The Tahsildar, Khammam Rural Mandal, Khammam District 5. One CC to SRl. MUMMANENI SRINIVASA RAO, Advocate TOPUCI 6. Two CCs to GP FOR HOME ,High Court for the State of Telangana at

7. TrD CCs to- GP FOR REVENUE High Court for the State of Telangana, at Hyderabad [OUTI Hyderabad [OUT]

8. Two CD Copies BM PMK Pntf". HIGH COURT \ \ DATED:0311112025 !, "l t I ORDER WP.No.7467 of 2018 I ,r c 'rE SI4 Do l< t\ 5 r,[H 2[j2 z t SDATC\ DISPOSING OF THE WRIT PETITION WITHOUT COSTS \ "r^ 1r\>s