c Ramachandram v. Secretariat, secretarial llllllcjlnos. HVoeldudu'
Case Details
Acts & Sections
PetitionunderArticle226oflheConstitutionoflndiaprayingthatinthe circumstances stated in the affidavit filed therewith' the High Court may be pleased to issue an appropriate writ' order or direction more particularly one in the nature of Writ of Mandamus declaring the action 3rd respondent in interfering into the civil dispute by colluding with the unofficial respondent Nos 4' during the pendency of suit and also interim order in favour of the petitioner vide Order tn LA.No.'1410 ot 2O1B in OSNo401 oI 2018 on the file of the Senior Civil Judge' at Nalgonda, the 3rd respondent threatening to the petitioner to compromise with the unofficial respondent No 4' the 3rd respondent by colluding with the unofficial respondent No 4 with dire consequences' otherwise the 3'd respondent forcibly dispossess the petitioner from his peaceful possession of agriculture land in Sy.No.391 to an extent of Ac 8 2'1 gts situated at Nampally Village and Mandal' Nalgonda District, repeatedly calling to the petitioner into the police station' interim order 25.O7.2023 in favour of the petitioner is highly illegal, arbitrary, unconstitutional, violatron of Principles of Natural Justice and in violation of Articles 14 and 300-A of the Constitution of lndia and consequently direct the 3rd respondent not to interfere into the civil dispute by colluding with the unofficial respondent Nos.4, rluring the pendency of suit and also interim order in favour of the petitioner vide Order in 1.A.No.1410 of 201B in O.S.No.401 of 2018 on the file of the Senior Civil ...rudge, at Nalgonda, the 3rd respondent 1ot to threaten to the petitioner to compromise with the unofficial respondent No.4, the 3rd respondent by colluding with the unofficial respondent No.4 with dire consequences, otherwrse the 3'd respondent not force and not to dispossess the petitioner from his peaceful possession of agriculture land in Sy.No.391 to an extent of Ac.B.2l gts srtuated at Nampally Village and lvlandal, Nalgonda District, not to call to the petitioner into the police station, interim order 25.07.2023 in favour of the petitioner lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the c;ircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 3rd respondent not to interfere into the civil dispute by colluding with the unofficial respondent Nos.4, during the pendency of suit and also interim order in favour of the petitioner vide Order in l.A.No.14'10 of 2018 in O.S.No.40i of 2018 on the file of the Senior Civil Judge, at Nalgonda, the 3rd respondent not to threaten to the petitioner to compromise with the unofficial respondent No.4, the 3rd respondent by colluding with the unofficial respondent No.4 with dire consequences. otherwise the 3rd respondent not force and not to dispossess the petitioner from his peaceful possession of agriculture land in Sy.No.391 to an extent of Ac.8.21 gts situated at Nampally Village and [t4andal, Nalgonda District, not to call to the petitioner into the police station, interim crder 25.O7.2023 in favour of the petitioner pending disposal of the writ petition Counsel for the Petitioner: SRl. KALVALA SANJEEV Counsel forthe Respondent Nos. 1to3: AGP FOR HOME Counsel for the Respondent No.4:- The Court made the following: ORDER .t*{'/ THE HONOURAIILE SltI JUSTICE N'v'sI{RAvAN KUMAR WRIT PETITION No.26 098 of 2025 ORDER: Heard lcarned counsel for the petitioner and lcarned Assistant Government Pleacler for Flomc appcaring for respondent Nos l to 3 With their consent, this writ petition is being taken up for disposal at the admission stage itself. T his writ petition is filed aggrieved by the action of the 3'd 2. respondent in interfering into the civii clisputes by colluding with the un- official respondent No 4' during the pendency ol suit and also intcrim order in favour of the petitioner vide Order in I'A'No 1410 of 2018 in O.S.No.401 of 2018 on the file o[ the Senior Civil Judge' at Nalgonda' Questioning the same, the Present writ petition is f iled . Learned Assistant Government Plcader for Il otnt' appearing for 3. responclents placetl on record instructions issued bv Sub-Inspector o[ I'olice' Nampally Police Station, Nalgonda District rvhcrcir.r it is submitted that rcsponclent No.4 has given complairrt oLr 20'06 2025 to the 3'd respondent stating that he is having Ac'3'20 guntas land at the outskirts of Nampally village, Nalgonda Distr-ict and he laid vetlturc in the said lancl and left 0-30 guntas as per vasthu and tl-te petitioner has iltepialtv trespassecl into the said land an<l ploughing the said land and hence requestcd to take action lt is furtlrer submittecl that as per the above saitl cor-rrplaint, 3'd respondent nrade at=- \ry?,hp# i' ',- I \ \ 2 pctition enhy'ide pedtion ID No.235 and enquired into the sane, thcreafter conducted fietcl enquiry, ex.lrnined the witness and also seen the land docurnenb anrl r'r'ourcl submit that both 4d. responcrent and petitio^er. are claiming rights orrcr the saicl 0-30 guntas of land. l..urther., O.S.No.401 of 20.1g otl the file.f the senior Civil Judge at Nargoncla is arso pcncling betwccn trre conrprai^ant and petrtioncr and since it is a la,cr tlispute ..rr ci'il suit is also pencling, li,J t.esponcle_nt acivisecl the complainant and pctitioucr to p_r111511e trreir remctlies before trre competcnt Ci', Court and crosetr tr.re com,rai^t as ci'il in,atu'e r',r tlre same ciav. It is further sub,rittcci th.,rt petitio.c.r,s I-ras sent a .rmpraint on 2g'07.2025 to t^e 3.d resp.ncrent wl.:ich rvas rccei,err on 30.07.2025 thr,rrrgh rt gistered post and macle G.D.entr_y on the same tlay. Petitioncr,s rvil.c iras also sent complaint to the Nai gorrcla v j de C. C. N.cr 1 3zsl Cc6Z rvr_cr rrr, ;::;ff;::: :: c.l,prai.t n'as 10r lr'a.ded to trre 1..r rcspo,cle,t poricc Stat o.. It is fu.trrcr. sub,ritted trrat 3"i respoudent conducted e,quiry into thc ar,:gations *ade in the co.rplaint anci c.llcctccl appr.priate reports from i.hahs.irdar, Nar,pary and camc to kn.r'r that the issue is purery civir i. nature and adr.rsed trrc. comprainant to appLoach the I{on'bre Court and resolve the issue and a noticc clated 16 0g 2025 to the said effeci w'as served to thc petitiont:r,s wife on the same day. Along w,iih the instruction5, a copl of noticc given to thc 'vifc complainant is enciosecl. - .:1.'t; :jclY - -* 1' -"/ / , -) Learned counsel for the petitioners submits that when thc civil suit is
4. pencling, the rcspondents are interfering and calling the petitioners without any complaint or registration of crime'
5. In that view of the matter, since the respondents havc alreadY conducted enquiry and closcd the complaint as civil in naturc' the respondcnt authorities are directed to follow duc procedure as contemPlatcd under law before initiating any action on petitioners'
6. With thcse obscrvatior-rs, this r'r'rit Petition is disposecl of Ivfiscellancous applications, 1[ 21v penclirrg' shall sLanti closcd Ntr order as to costs. SD/.MOHD. ISMATL DEPUTY REGISTRAR G- SECTION OFFICER /ITRUE COPY" To, 1 The Principal Secretary, Home Department' Secretariat' Secretariat Buildings'
2. J, 4 5 r, ift 5lltr$ff st",I5""'l1"..;Iiffi33iY!'8?'iio*?'l\$'"'Virraseand ffi :Ti}:std'lnlt':llti%";,ff ;",",lEto#3'r'"''nn"n"' Hyderabad [OUT] Two CD CoPies BIM BS ; I i I I I I i I I I t j I i I l I l l I l l : I HIGH COURT DATED:0910912025 ..-'',. Jn-l 2 2 sEP 2025 '\, i - -,' '.,_-, a:,- ),i,-)\" -./.' _ : :_- -..-_::;--' ..: ORDER WP.No.26098 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS an/?la