The High Court · 2025

Judgment

1. The State of Telangana, Rep by its Principal Secretary, Home Development, Secretariat, Hyderabad 2 3 4 q b The Commissroner of Police, Ramagundam Commissionerate, Ramagundam The Assistant Commissioner of Police, Peddapalli, Peddapalli District The Circle lnspector of Police, Peddapalli Town Police Station, peddapalli The Station House Officer, Peddpalli Town Police Station, Peddapalli Peddapalli District Avula Sadaiah, S/o. Avula Lingaiah Aged 39 years, Occ. business, R/o_ H no. 2-4Bl1lC 3rd Ward, Bhojannapet, Karimnagr ...RESPONDENTS 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 declaring the action of the respondents police particularly 4th and sth respondent police in interfering into the civil disputes by calling the petitioner to their police station by giving threatening calls by directing to setfle the matter with the unofficial respondent no.6 in connection with the house property bearing Open Plot No.727 to an extent of 265 sq. yardsl 222.6 sq meters in Survey No. 233iE situated at Theegalaguttapally village, Arepally Revenue Mandal, Karimnagar District, illegally interfering into the civil disputes by the 4th and Sth respondents police is illegal, arbitrary and against the principles of natural justice and also violative of Articles 14, '19, 21 and 300-A of Constitution of India and consequenfly direct the 4th, and 5th respondents police not to interfere into the civil disputes by calling the petitioner to their police station directing to settle the matter with the 6th respondent, in the interest of justice 7 lA NO: 1 OF 2025

Petition under section 1 s'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 respondents police particularly 4th & 5th respondents polite not to interfere into the civil disputes by harassing the petitioner to set e the matter with the unofficial respondent no.6 in connection with the house property bearing open plot No.727 to an extent of 265 sq. yardsl 222.6 sq meters in survey r.ro. z'sale situated at T_heegalaguttapally virrage, Arepafly Revenue Mandar, Karimnagar District, p.nJing disposal of the main writ petition Counsel for the Petitioner: SRl. PENUBALL| RAMESH BABU Counsel forthe Respondent Nos.1 to S: Gp FOR HOME Counsel for the Respondent No.6: -- The Court made the following: ORDER THE HON'BLE SRI ]USTICE T. VINOD KUMAR Writ n No. 19274 of 2025 9BDEB: Heard learned counsel for the petitioner, learned Government Pleader for Home appearing for respondent Nos.1 to 5, 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 /s involved, this Coutt is of the view that notice to unofficial respondent No.6 is not necessary for adjudication of the present Writ Petition.

3. The case of the petitioner, in brief, is that, though there exist certain disputes between the petitioner and the unofficial respondent in relation to mortgage deed executed by him on 11.06.2024, the respondents-authorities, in particular respondent Nos.4 and 5, are interfering thereinto by calling the petitioner to the pclice station and also threatening him by making calls and directing him to settle the matter with the unofficial respondent herein, which action of the respondents- authorities it is contended as illegal, arbitrary, against the principles of natural justice and also violative of Articles 14, 19 and 21 of the Constitution of India. 2 ..:i

4. Per contra, learned Government pleader for Home appearing on behalf of respondent Nos.1 to 5, while denying the writ averments, would submit that the 6th respondent herein had approached the respondents_ authorities and rodged a compraint on 07.07.2025; that the respondents- authorities, on receiving the aforesaid complaint, have made a GD entry; and that the respondents-authorities, for the purpose of causing preliminary enquiry into the aforesaid complaint to veriry as to the correct,ess or otherwise of the contents of the compraint, have cailed the petitioner to the police station.

5. Learned Government pleader further submits that since the complaint lodged by the 6th respondent is at the staqe of preliminary enquiry, the respondents-authorities have not taken any action on the said complaint either by registering or rejecting the same as being civil in nature.

6. Learned Government pleader would also submit that the respondents-authorities, except calling the petitioner for the purpose of causing preliminary enquiry into the complaint, are not interfering in any dispute that may exist between the petitioner and the unofficial in relation to a mortgage deed executed by the petitioner on 11.06.2024 in respect of immovable propety bearing plot No.727 to an extent of 265 square yards in Sy.No.233lE situated at Theegalagq$apally Village, Arepally Revenue Mandal, Karimnagar District. respondent herein \ \ T.TheaforesaidSubmissionmadebythelearnedGovernmentPleader appearing on behalf of respondent Nos'1 to 5 is taken on record'

8. Having regard to the submissions made as above' and taking note of the fact that the 6th respondent herein has approached the respondents-authorities, in particular the 5th respondent' and having lodged a complaint against the petitioner on 01'07'2025' which is stated to be at the stage of preliminary enquiry' this Court is of the view that the respondents-authorities are to be directed to cause preliminary enquiry into the aforesaid complaint in accordance with law and in the event of the said complaint disclosing commission of a cognizable offence' the respondents-authorities are directed to take further action strictly by following due process of law without interfering in the civil disputes that may exist between the petitioner and the unofficial respondent herein'

9. Subject to above direction, the Writ Petition is disposed of' No order as to costs.

10. Miscellaneous petitions, if any, pending ln t!F- Ytlt-Petlgn sfal| SD/- K.AMMAJI EPUTY REGISTRAR stand closed. I To, //TRUE COPYII SECTION OFFICER 1 2 J 4 5

6. 7 The Principal Secretary, Home Development, Secr riat, Hyderabad The Commissioner of Police, Ramagundam Commissionerate, Ramagundam The Assistant Commissioner of Police, Peddapalli, Peddapalli District The Circle Inspector of Police, Peddapalli Town Police Station, Peddapalli The Station House Officer, Peddpalli Town Police Station, Peddapalli Peddapalli District One CC to SRl. PENUBALLI RAI/ESH BABU Advocate [OPUC] Two CCs to GP FOR HOME ,High Court for the State of Telangana. [OUT] \ry o KKS PSK. Two CD Copies ,,,:,i.r- r.ji ia.i. .. I j HIGH COURT DATED:0810712025 (a -) iL) lc: t1rlE S14 c 2 0 AUE .,rr a tSp._-rr-.r ORDER WP.No.19274 ot 2025 DISPOSING THE WRIT PETITION WITHOUT COSTS Ir 8'l oK \8 I