✦ High Court of India · 02 May 2025

High Court · 2025

Case Details High Court of India · 02 May 2025
Court
High Court of India
Decided
02 May 2025
Length
1,168 words

Sri. Gorla Srinivas, S/o. Late Gorla Narsaiah, age 56 years,Occ. Business, R/o.6- 1 3, Hanuman Veedhi, Yadagirigutta l/andal, Yadadri- BhongirDistrict,TG Smt.Gorla Nirmala, Wio. Gorla Srinivas, age 50 years,Occ . Business, Respondents No. 4 and 5 are Rl/o.6-13. Hanuman Veedhi, Yadagirigutta Town and l\,4andal, Yadadri-Bhongir District, TG ...RESPONDENTS Petition under Nlicle 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 appropriate writ, order or directions more particularly one in the nature of Writ of l\ilandamus, declaring the action of the respondents more particulady the respondent No.3 and their sub-ordinates in interfering in civil disputes and calling the petitioner and his family members on. 21 and 2610412O25 through Mobile No.B71 2662496 of Sl of Police to Mobile No.9000083856 and asking to come to police station by acting at the instance of the respondents No.4and5 and threatening to vacate and handover the suit schedule property in OS No.246 of 2OO7 i.e., H No.7-45 situated at Gundlapally, Yadagirigutta Town and [\/andal, Yadadri Bhongir Dist., TG immediately to them otheruise threatening to implicate the petitioner and his family members in false criminal cases even itt$irat i::-,..,r.r,.... ,,xxi*&**e :7"'--7 during pendingt cf firs. appeal i.e.,A S No.14 of 2025 and inlunctior lletition, on the file of the HoroLrral)1,) Prl., District Judge at Bhongir, Yadad'i 13trongir Dist., TG,' filed on.21104.'2()215 against the judgment and decree 'lateC.'19'C3/2025 in OS No.246 of 2007 e* highly illegal, arbitrary, bad and virtlatitln o I articles of the Constitution of lndia ;rnd consequently direct the respondents morr: :articularly the respondents N o. iJ :nd their subordinates not to call the pet tionr'rrs to the police station and nct to int3rfere in civil disputes of the petitioner ilnrl :he respondents No.4 and 5 in irn / rranner without following due process of lavr herceforth lA NO: 1 OF 2025 Petition unde- Section 151 CPC praying that in the circunstznces stated in the affidavit fik:d in r;upport of the petition, the High Court may be .)1,)ased to direct the responderts firore particularly the respondents No.3 anri the.ir sub-ordinates not to call the pr,titi,rrrers to the police station and not to interfe'e irt civil disputes of the petitionr:r arrr :he respondents No.4 and 5 in any manler , vilhout following due process o lz,w lrernceforth pending disposal of the above lvrit t,etition Counsel for the Petitioner: SRl. BETHI VENKATESWARLU Counsel for the Re:;pondent Nos.1 to 3: GP FOR HOME Counsel for the Re:;pondent Nos.4&5: --- The Court made thr: following: ORDER ..,x*iiffiS& THE HON'BLE SRI JUSTICE T. WNOD KUMAR trr.P.No. 14381 of 2025 ORDER Heard learned counsel for the petitioner, learned Government Pleader for Home appearing for respgndent Nos. 1 to 3, and with their consent thc Writ petition is taken up for hearing and disposal at admission stage.

2. Having regard to the manner of disposal of the writ petition and the nature of /is involved, this Court is of the view that notice to unofficial respondent Nos_4 & 5 is not necessary for adjudication oF the prcsent Writ I)ctition

3. 'lhe case of the petitioner, in brief, is that the 3.d respondent and his sub-ordinates are calling the petitioner and his family members to the respondents-police station and threatening to vacate and handover the property bearing H.No.7_45 situated at Gundlapally, Yadagirigutta Town & Mandal, yadadri Bhongir District, which is subject marter of suit uid.e O.S.No.246 of 2OO7, and thereby intcrlering in civil disputes, which action of the respondents-authorities it is contended as highly illegal and arbitrary.

4. It is also further contended by the petitioner that though the suit filed by him uide O.S.No.246 of 2OO7 resulted in dismissal, I I 2 since. al a')r)eal Illed thereagainst is pending befrrc .he appellate Court. rri,'le A.S.No.14 ol 2025, the respondenls atLthcrities cannot involr'e t:rerr;elves in civil disputes.

5. Pe ' ctrr '.tro, learned Government Pleader tor H,tr rt: appearing for olficirl 1::spondents while denying the u'-it zLvcrln3nts would submit. thzr. the 5t]' respondent in thc prcsc rt !,/r:t Petition had approaclred rhe respondents-authoritie s and lodglerl r complaint, dt.26.Ct4 20 2 i; that basing on the said complaint, 'h: authorities have nai z GD entry and thereafter, for thr' purpor e of enquiry into thr rloresaid complaint, called the lle titic n3r to the responclc n., police station; and that except cau;ir-rg treliminary enquiry in t.c t-he complaint lodged by the 5o' resporrcl:r t against the petitionc - h:r'cin, the respondents-authoritics 1r(r rot nterfering in civil di sp u t.r s.

6. '-h : i f rresaid statement madc bv the icar rcd Ciovcrnment Plcade: - f rr I rme is taken on record. 7 . lla vr r. g regard to the submissions madc as :Lb,rl : and taking note ol L rr: l:Lct that the 5fi respondent havinll approi ched the 3.d respondc nr,. er uthority and lodge d a complan-rt. d -.26.O4.2025 agains - tl-rc petitioner, this Court is of the r, ie il that the re sponCe'nt s - 1r-rthorities are to be directed to concuot enquiry into the afcresrLiC complaint, and if the same discloses ::c nrmission of i l I I 3 an offence, the authorities are to be directed to take further action, strictly in accordance with law. Further, the resporidents_ authorities are dirccted not to interfere in civil disputes existing between the petitioner and the unofhcial respondents, except in accorda nce wil h law. 8 Subject to thc above directions, the Writ petition is disposed of. No order as to costs 9 Consequently, miscellaneous petitions, if any, pending shall stand closed. //TRUE COPYi/ i SD/.K.BHAVANI SWAMY EPUTY REGISTRAR SECTION OFFICER To, '1 . The State of Telangana, Rep., by its Prl., Secre Telangana Secretariat, Hyderabad, TS. Department of Home, 2- The Commissioner of Police, Rachakonda Commissionerate, Office at Neredmet, Secunderabad, Medchal-tVlalkajgiri Dist., TG

3. The Station House Officer, Yadagirigutta Police Station, Yadadri-Bhongir District. TG

4. One CC to SRI. BETHI VENKATESWARLU Advocate IOPUC] 5. Two CCs to GP FOR HOIVE ,High Court for the State of Telangana. [OUT] 6. Two CD Copies KKS GJP HIGH COUR'I DATED:02 i0!i1'2025 \ i t t ORDER WP.No.143;8'l of 2025 . "]:: \ 74 'r' ( -r'1 I c^ o ril 2025 2 * 1t-.- ,() ).-. l'CH t o + DISPOSIN(3 IHE WRIT PETITION WITHOUT C()STS \- -\ lrI t- ,L,1 I )p

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