Smt. Punem Challamma, Wo. Venkateswara Rao v. The State of Telangana

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 lVlandamus, declaring the action of the respondents police particularly 4th respondent in interfering into the civil disputes by calling the petitioner to their police station by giving threatening calls by directing to settle the matter with the Sth respondent in connection with the agricultural lands in Sy No. 298/74 to an extent of Ac.2.00 gts situated at Akhinepally Village, Dammapeta Mandal, Bhadradri Kothagudem District without considering the injunction order dated 03.12.2024 passed in lA No. 70/2024 in OS No.81212O24 on the file of court of the Sub Divisional lvlagistrate and Special Assistant Agent to Government, Mobile Court, Bhadrachalam without considering the same, the respondents police illegally interfering into the civil disputes is illegal, arbitrary and against the principles of natural justice and also violative of Articles 14, 19,21 and 300-A of Constitution of lndia and consequently direct the respondents police particularly 4th respondent not to interfere into the peaceful possession and enjoyment of the petitioner agriculture lands without following due process of law, in the interest of justice. lA NO: 1 OF 2025 Petition under Section 151 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 respondent not to interfere into the civil disputes between the petitioner and the 5th respondent in connection with the petitioner patta lands in Sy No. 298174 to an extent of Ac.2.00 gts situated at Akhinepally Village, Dammapeta Mandal, Bhadradri Kothagudem District by considering the injunction order dated 03.12.2024 passed in lA No. 70/2024 in OS No.B12l2O24 on the file of court of the Sub Divisional Magistrate and Special Assistant Agent to Government, Mobile Court, Bhadrachalam. pending disposal of the main writ petition. Counsel for the Petitioner : SRI PENUBALLI RAMESH BABU Counsel for the Respondents No.1to4 : GP FOR FIOME Counsel for the Respondents No.s : -- The Court made the following: ORDER THE HON'BLE SRI JUSTICE T. VINOD KUMAR W.P.No.19265 of 2025 ORDER Heard iearned counsel for the petitioner, learned Government Pleader for Home appearing for respondent Nos.l to 4, and with the consent of the counsel appearing for the respective parties, the 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 lis involved, this Court is of the view that notice to unofficial respondent No.S is not necessary for adjudication of the present Writ Petition

3. The case of the petitioner, in brief, is that while certain civil disputes exist between the petitioner and the unofficial respondent No.5 herein, which are subject matter of a suit uide O.S.No.812/2024 before the jurisdictional Court, wherein an order of injunction has also been granted in favour of the petitioner uide order, dt.O3.12.2024 in I.A.No.7O/2024, the respondents authorities, in particular the 4rh respondent is interferfog in the aJoresaid civil dispute and threatening the \ 2 petitioner to settle the same in favour of the unofficial respondent herein, which action of the respondents-authoritie,s it is contended -! as highly il1egal, arbitrary without any authority and sanction of

4. Per contra, learned Government Pleader for Home appea-ring on behalf of offrcia-l respondents, while denying the writ averments, would submit that one Smt K. Kumari had approached the 4th respondent authorities and lodged a complaint O1.O7.2025 against the petitioner herein; and tha,t the authorities on receiving the aforesaid complaint have made a GD entry and after causing preliminary enquiry, closed the said complaint as "civil in nature" on 04.O7.2025

5. Learned Government Pleader further submits that except for causing preliminary enquiry into the aforesaid complaint lodged by Smt K.Kumari against the petitioner herein, the respondents- authorities are not interfering in the civil dispute, which is alleged to be subject matter of a suit uzde O.S.No.872 12021, in any manner. 3

6. The aforesaid submission rnade by the learned Governrnent Pleader for Home is taken on record.

7. In view of the aforesaid submissions made and since, it is now stated before this Court that initially a complaint having been received against the petitioner on Ol.O7 .2025 and the authorities after causing preliminary enquiry there into having closed the same on O4.O7.2025 as "civil in nature", this Court is of the view that the respondents-authorities are to be directed not to interfere in the civil disputes that may exist between the petitioner and the unofficial respondent herein or for that matter in relation to the complaint lodged by Smt K.Kumari on O1.O7.2O25, except 1n accordance with law. B. Subject to the above direction, the Writ Petition is disposed of. No order as 1o cos{s.

9. Consequently, miscellaneous petitions, if any, pending shall stand closed. //TRUE COPY// Sd/- A. JAYASREE ASSISTANT REGISTRAR SECTION OFFICER To,

1. The Principal Secretary, Home Development, Secretariat, State of Telangana, Hyderabad

2. The Superintendent of Police, Bhadradri Kothagudem District at Kothagudem 3. The Circle lnspector of P_olice, Aswaraopeta Police Station, Aswaraopeta Bhadradri Kothagudem District

4. The Station House Officer, Dammapeta Police Station, Dammapeta Bhadradri Kothagudem District

5. One CC to SRI PENUBALLI RAMESH BABU, Advocate. [OpUC] 6. Two CCs to GP FOR HOME, High Court for the State of Telangana. [OUT] 7. Two CD Copies. W d -.t i I i i l i HIGH COURT DATED:07107t2025 ,1 ,r ' 5i,rr I1: /:.. ,.:i.'i'-t 0 3 si:P 2o6 ^ ;,, ORDER WP.No.192G5 ot 2O2S DISPOSING OF THE WRIT PETITION WITHOUT COSTS g \ ,)