✦ High Court of India · 08 Jul 2025

Pagilla Chinna Anjaiah v. The State of Telangana

Case Details High Court of India · 08 Jul 2025
Court
High Court of India
Decided
08 Jul 2025
Length
1,090 words

Petition under Article 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 or direction more particularly one in the nature of writ of Mandamus to declare the action of the Respondent No.4 in interfering with the civil dispute pending in O.S.No.48/2019 on the file of the Junior Civil Judge Court at Kalwakurthy in respect of the land extent Ac.5-00 in Sy.No.7213 (ln ROR it is shown as Sy.No.72l3/AA) situated at Sarvareddipally Village, Vangoor Mandal, Nagarkurnool District and thereby forcing the Petitioner to settle the dispute with the Respondent No.S as arbitrary, illegal, beyond jurisdiction and violation of Article 14, 19,21 and 300-A of the Constitution of lndia and consequently direct the Respondent No.4 not to interfere with the civil disputes r:.ip+s:' .a-E7 7 pending in o.s.No.48/2019 on the file of the Junior civil Judge court at Kalwakurthy in respect of the land extent Ac.s-oo in sy.No.72i3 (ln RoR it is shown as Sy.No.72l 3/AA) situated at sarvareddipally Village, Vangoor Mandal, Nagarkurnool District without following due process of law. tA NO: 'f OF 2025 Petition under Section 15'1 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the Respondent No.4 not to interfere with the civil disputes pending in o.S.No.48/2019 on the file of the Junior civil Judge court at Kalwakurthy in respect of the land extent Ac.s-00 in sy.No.7213 (ln RoR it is shown as Sy.No.72l3/AA) situated at Sarvareddipally Village, Vangoor Mandat, Nagarkurnool District without following due process of law pending disposal of the above writ petition. Counsel for the Petitioner: SRI LATTUPALLY ANAND Counsel forthe Respondent No.1 to 4: Gp FOR HOME The Court made the following: ORDER { ORDER: THE HON'BLE SRI JUSTICE T. VINOD KUMAR Writ Petition No. 19258 of 2025 Heard learned counsel for the petitioner, Iearned Government Pleader for Home appearing for respondent Nos.l to 4, and with 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 nature of /rs involved, this Court is of the view that notice to unofficial respondent No.5 is not necessary for adjudication of the present Writ Petition.

3. The case of the petitioner, in brief, is that, the 4th respondent is interfering in the civil dispute existing among the petitioner, the 5th respondent herein and other two sistei-s of the petitioner, which is subject matter of a suit, vide O.S.t'rto.4B of 2019 on the file of Junior Civil Judge, Kalwakurthy, filed for partition and separate possession of suit schedule land admeasuring Acs.5.00 in Sy.No.7213 situated at Sarvareddipally Village, Vangoor Mandal, Nagarkurnool District, wherein an order of injunction has been gi'anted in favour of the petitione r, vide l.A.No.t54 of 2019 dt.24.06.2024. 2

4. It is the further case of the petitioner that the unofficial respondent herein with the help of the 4th respondent is coercing the petitioner to settle the said civil dispute in her favour which acticn of the respondents- authorities it is contended as illegal and arbitrary.

5. Per contra, learned Government Pleader for Home appearing on behalf of respondent Nos.1 to 4 while denying the writ averments, would submit that one V.Jangamma, one of the sisters of the petitioner herein, who is respondent No.3 in I.A.No.154 of 2019 and defendant No.3 in O.S.No.4B of 2019, had approached the respondents-authorities and submitted a complaint against the petitioner on 28.06.2025; that the respondents-authorities on receiving the aforesaid complaint, made a GD entry; and that after causing preliminary enquiry, closed the said complaint as'civil in nature'on 30.06.2025.

6. Learned Government Pleader further submits that the respondents- authorities, except for the purpose of causing preliminary enquiry into the complaint lodged by one of the petitioner's sister, are not interfering in the civil dispute or coercing the petitioner to settle the civil dispuie/civil suit in favour of the 5th respondent herein. 7 . The aforesaid submission made by the learned Government pleader appearing on behalf of respondent Nos.1 to 4 is taken on record. I I I \r \\ I 3

8. Having regard to the submissions made as above, since, it is now stated before this Cout that one of the sisters oF the petition er, viz., V.Jangamma, having approached the respondents_authorities, lodging complaint initially on 28.06.2025, which on being enquired into by the respondents-authorities having resurted in crosure on 30.06.2025 as'civir in nature" this court is of the view that the respondents-authorities are to be directed not to interfere in the civir dispute, which is the subject matter of suit, uide O.S.No.4g of 20L9, that may exist among the petitioner, the unofficial respondent herein and two sisters of the petitioner, except in accordance with law. 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. To, I //TRUE COPY// '1 . The Principal Secretary, Home Department, S Telangana. SD/-A. SRINIVASA REDDY ISTANT REGISTRAR SECTION OFFICER riat, Hyderabad, State of

2. The Superintendent of Police, Nagarkurnool District, Nagarkurnool. 3. The Deputy Superintendent of Police, Kalwakurthy, Nagarkurnool District 4. The Station House Officer, Vangoor Potice Station, Vangoor, Nagarkurnool District. 5 o One CC to SRI LATTUPALLY ANAND, Advocate [OPUC] Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad [OUT] Two CD Copies 7 BSR LS HIGH COURT DATED:0810712025 ORDER WP.No.19258 ot 2025 .,-. n 1rl E S r.. 1 t_' 2 2 AUE 2025 .+ ..), DISPOSING OF THE WRIT PETITION, WITHOUT COSTS 'l\l

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