✦ High Court of India · 30 Apr 2025

1 . Kavali Nagarjun v. 1. The State of Telangana

Case Details High Court of India · 30 Apr 2025
Court
High Court of India
Decided
30 Apr 2025
Length
1,367 words

4. The Station House Officer, Town Police Station, Nagarkurnool, 0/o. at SH 20, Srinagar, Nagarkurnool, Nagarkurnool District, State of Telangana, Pin Code.509209.

5. The Sub-lnspector of Police, Town Police Station, Nagarkurnool, 0/o. at SH 20, Srinagar, Nagarkurnool, Nagarkurnool District, State of Telangana, pin Code.509209.

6. Ettapu Bushamma, Wo. Ettapu Balaswamy, Age. 71 Years, Occ. Agriculture, R/o. H. No. 1-25, Naganool Village, Nagarkurnool, Nagarkumool District, State of Telangana, Pin Code.509209

7. Ettapu Nagamma, W/o. Ramulu, Age. 35 Years, Occ. Agriculure, Fl/o. H. No. 1-25, Naganool Village, Nagarkurnool, Nagarkurnool District, State of Telangana, Pin Code.509209

8. Ettapu Anjanamma, W/o. Ussain, Age.28 Years, Occ. Agriculture, R/o. H. No. 1-25, Naganool Village, Nagarkurnool, Nagarkurnool District, State of Telangana, Pin Code.509209 9 Ettapu Chandrudu, S/o. Balaswamy, Age.33 year No 'l-2s, NasanoorVirase, Nasar[fi;iil::;: occ Asricutture, R/o. H. Telangana, Pin Code.50g209 - urnool District. State of _ ^ r u. Ettapu Chinna Ussian. H. No. 1-25, Naganoor reransana, pn 6oau sXJI'on; s/o Age 28 Y' -Balaswamy' G,il,l"::, i,:Jffi,1,3Ji#iiilli;Ti _ _ 1 1 . Ettapu Ussain, S/o. Balr 1,:*:*H J];x1i##lii;''i,llili;;T iil::]ff ,I;; virrag", GgJ;;""iiu1':n',on" 50 Years' occ E code50e20e asarkuinooro,.,r.i,i,i"iiJ]lili:j,Nasanoor

12. Ettapu Sulthan, S/o. Bat, n'"

13. Chavti Krishna, S/o. Krur Village, Nagarkurnoo,, #fl'Age' Code.509209 , . .agarkurnool Dishict, State of Telangana, pin 35 Years, occ Agricutture, Naganoot " ff:1",,:i":i,::ffiyl' S/o M Asaiah Goud Ase Nagarkurnool, Nagarku Telangana pin code.5#1ge' , - r5. Kavali Santhaiah, S/o. K Naganoot Viilage, NaoarL,T-1:'1t.1 pin CoOe.SOS2;_,,.oear.t(.Irnool, Age' 55 Years, oc Nagarkurnool District

16. Boda Surendar, S/o. B. l r'rasanoor vrrls;';J;f:::l':, Ase 34 Years, occ .osar (.I.r-rool, Nagarkurnool Dishict, pin CoOe. SOSii_,, 17. T Krishna Reddy, S/o Ve Poriticjan. ,;;;;;;,;nkat Telangana, pin cooe.s09g;l"lagarkurnool' Reddv Naqar, Aoe Na'ga . 27 Years, Occ. rnool District, State of c, Active politician, , State of Telangana, Actrve politician, State of Telangana, 50 Years, Occ. Active rkurnool District, State of "'RESP.NDENT' the affidavit '""0 'n"ou'n 226 of the constitutic petition under Arr circumstances stateo in pteased to issue , ,rrit ] writ or Mandamrr, .u.,"]ll^"lL ;J i:*]i;*#:i:1:"';',: i: I:'J;'."""".en, pathram) on Non-Judici, interim orders in rA No. Honbre r-Addr. Junior viorat on or the pr nc p ",':,';:,:::::fiy*i :f iil: Article 21 0f the constitution of lndia. of Indra praying that in the direction, ;;r; ;li:', [ :::J :;Trff: :; N. 4 p., ce s,a,i.n influence of the Respondent a signature (oppandam ,025, without obeying the ":,Jf,:J':; olation of Article 300-4 and ilegal manner tt stamp Paper o, 2025 in o a *o ,a "v ""'"-ol't"o ",,ru oit. lA NO: 1 OF 2025 Petition under Section 15'l CPC praying that in the circumstances statedin the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No. 3 to take appropriate action against the Respondent Nos. 9 to 17 forthwith in pursuance of the Non-Judicial Stamp Paper on 15-03-2025 (which was made in the presence of Respondent No.4) herein through a proper enquiry pending disposal of the above writ petition- Counsel for the Petitioners: SRI SESHAGIRI RAO YALAMANCHILI Counsel for the Respondent Nos. 1 to 5: GP FOR HOME Counsel for the Respondent Nos. 6 to 17: - The Court made the following: ORDER THE HON'BLE SRI ]USTTCE T, VINOD KUMAR Writ Petition No.1 3587 of 2O25 ORDER: Heard learned counsel for the petitioners, Iearned Government Pleader for Home appearing for respondent Nos.1 to 5, and with the consent of the earned 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 nature of /s involved, this Court is of the view that notice to unolficial respondent Nos.6 to 17 is not necessary for adjudication of the present Writ Petition.

3. The case of the petitioners, in brief, is that the 4th respondent had coerced the petitioners to enter into an agreement titled as,'Oppanda Pathram" in respect of the subject matter, in the 4tt, respondent police station, even though an order of injunctiori has been granted in their faovur, vide order dt.19.03.2025 in I.A.No.25 of 2025 in O.S.No.33 of 2025 on the file of the I Additional lunior Civil Judge, Nagarkurnool, which action of the authorities it is contended as highly illegal and arbitrary.

4. Per contra, learned Government pleader for Home appearing on behalf of respondent ltos.1 to 5 while denying the wrjt averments would submit that the petitioners and the unofficial respondents having entered 2 into an agreement, the petitioners are unnecessarily dragging the respondents-authorities into the aforesaid litigation. '{

5. Learned Government pleader further submits that if at all any such agreement has been forced upon the petitioners, they ought to have taken steps immediately to approach the concerned civir Court wherein O.S.No.33 of 2025 is pending by bringing to the notice of the Court of getting the agreement executed through coercion. Learned Government Pleader would also submit that the petitioner without taking any action for a period of 40 days, have now filed the present Writ petition. 6 I have taken note of the respective submissions urged.

7. Though the petitioners claim of the 4th respondent coercing them to enter into agreement on 15.03.2025 in his presence, it is not shown to this Court why the petitioners could not take any action or steps in approaching higher authorities or for that matter, the concerned court whereat O.S.No.33 of 2025 is pending by bringing to the notice of the court of the action of the 4th respondent in getting the aforementioned agreement executed by him. B. Further, no explanation is forthcoming from the petitioners as to why they had kept silent for all these days, even though they had availed the advise of Advocate for firing a suit before the principar lunior civir Judge, Nagarkurnool, videO.S.No.33 of 2025. z/ g.ItisalsotobenotedthatSincethepetitionersclaimofhaving protection under order dt'19'03'2025 in I'A'No'25 of 2O25 in O'S'No'33 of 2025, the validitY of the agreement entered into can also be brought to the notice of the concerned Court and for the said reason' the petitioners cannot lnvoke the jurisdiction under Article 226 of the Constitution of India. l0.InVieWoftheabove,grantinglibertytothepetitionerstoavail furtherremediesopentotheminaccordancewithlaw,theWritPetitionis disposed of. No order as to costs' ll.Miscellaneouspetitions,ifany,pendinginthiswritpetitionshall stand closed. SD/. A. SRTNIVASA REDDY ASSISTANT REGISTRAR +_ SECf6N OFFICER ,/TRUE COPY,, To, I 2 3 4 The Superintendent Principal Secretary (Home Department)' 0/0' Room No 502' A-Block' Sth a,""r, a"**"iat' Hyderabad' The State of Telangana' of Police' Nagarkurnool District' 0/0 X-Road' Nagarkurnool District' State of Telangana' Pin Code 509209' Nagarkurnool' Nagarkumool District' Nagarkurnool The Deputy Superintendent "' ""*' State of Telangana' Pin Code'509209' The Station House Officer' Town Police Station' Nagarkurnool' 0/o at SH 20' Srinagar, Nagarkurnool' Nagarkurnool District' State of Telangana' Pin Code.509209

5. The Sub-lnspector 20, srinagar, ,urrltoo""u' code.s0e20e. 6. One CC to SRI SES 7' rwoccs to Gp.o.l1!'*'*o 8. Two cD copies BGS. cp Y*' Town Police statir kurnoor, *"nr*r."rio;JJ,XllljilT:;:r:::,, YALAMAN.HI I HoME' r-r'gh co'.rfo..'-,./Ll Advocate [oPUc] . . ..v, , v.,ur r ror rne State of Telangana. [OUT] HIGH COURT DATED: 30t0412025 \ ORDER WP.No.13587 of 2025 ." - - - . ' ::::.':-_ _- '-.-- .1.----, , - .'r ,..i. , r1-- .) l.:ij ,.- I I '.-) a) 1 [ it]l 2$25 (, \. * o DISPOSING OF THE WRIT PETITION WITHOUT COSTS \\.rf"a Y4- - <(\)5

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