Mekala Nagamal! v. 1. The State of Telangana

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 aggrieved by the high handed action of the Respondents No.5 in interfering in civil dispute by threatening the petitioner to compromise the dispute in connection with the land in Sy.No. 11312 an extent of Ac.2-00 Gts situated at Malkapelli Village Shivar Kasipet Mandal, Mancherial District is illegal, arbitrary, u nconstitutional and violation of article 14 and 21 and 300-A of the constitution of lndia. lA NO: 1 OF 2O25 Petition under Section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the Respondent No.3 to take appropriate action against the 5rh respondent herein, pending disposal of this Writ petition. Counsel for the petitioner: SRI RUDRESH DESHPANDE Counsel for the Respondents No.1 to 4: AGp FOR HOME Counsel for the Respondent No.S: _ The Court made the following: ORDER THE HONOURABLE SRI IUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.30934 of 2025 ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing for respondent Nos.l to 4. with their consent, this writ petition is being taken up for disp<lsal at the aclmission stage itself.

2. This writ petition has been filed seeking the following prayer:- "to declnra. tlrc high handed rctiort of tlrc Respondants Mr.5 itt interfering in ciuil dispute by tlrcntening tlrc petitioner to cortrpromise tlrc dispute in connection ruith tlrc lnnd in Sy.No.113/2 an extent o.f Ac.2-00 Gts situ.ated at Malkapelli Villnge Sliuar Knsipet Mutdal, Manclrcrial District, is illegal, nrbitrnry, unconstitrttionnl and uiolatioit o.f article 74 nnd 21 and 300-A of tlrc constittttion of lndin."

3. tsrief facts stated in this writ petition are tl'rat the petitiorrer claims that her father-in-law i.e., Sri.Mekala Malliah, was the owner of land ar{measuring to an extent of Ac.2-00 Guntas, in Survey No.113/2, situatcd at Malkapelli Village Shivar, Kasipet Mandal, Mancherial District. Upon his c{emise, his three sons i.e., Mekala Erraiah, Mekala Komaraiah (petitioner's husbancl), and Mekala Chandraiah, were in possession of the subject property. It is further submitted tl'rat Mekala Bheemaiah son of Mekala Erraiah, fited suit for partition and separate possession i.e., o.S.No.100 of 2024 and the same is pending on the file of Junior Civil Judge at Bellampally. 'fhe case of the petitioner is that the responclent No.5 is interfering in civil clispute ancl is threatening the petitioner to comprornise the dispute with resp'rect to the abovc saicl lar-rd. Aggrieve.c{ by thc same, this r,r'rit petition is filecl. 2 -

4. Learnccr Government preader for Home appearing for respo.dent Nos'1 to 4 placec{ on record instructions issued by Siub Inspector of police, Devapur poricc station, wherein it is submitted that ort 72.0g.2025, Mekara Ramesh son oi Mckara Bheemaiah, lodged a complain; before respondent No.5 anci o. such compraint, GD entry was made. During trre course of enquiry, it r4/as rcvealed that complainant,s grandfather i.e., sri.Mekala Erraiah, had 3 sons i.e., Mekara Mailaiah, Mekara poc.haiah and Mekara Bheemaiah. Aftcr crcath of Mekara Erriah his wife Mekara Erramma, purchasecl thc subicct land and got registered the sanre in the name of her elcler son i'e'' Nlekala Malliah. It is further submitted that Mekala Mallaiah is having 2 brother:s i'c., Mckala Pochaiah and Mekala Bheenraiah, as such thev all rnadc au asreelnent antl agreed for partition of the subject land and each got 26 vz guntas of ran, and accordingry they were in peac,efur possession of the'ir share- Latr:r, c'ruc to some disputes, Mekala Bheemaiarr fired o.s.No.100 of 2024'.u the file oi Jutri.r Civil Judge at Bellampally. It is further submittcd that after de.rise .i the Mekala Maraiah his son i.e., Mckala Komaraiah (pctitioncr's husbanrl) and claughter_in_law i.e., petitioner, are claiming to be the owner of thc sulriect land. on further enquiry, it was revealed that earlier on 10.08.2023, rVlekara Nagesh son of Mekara Bheemaiarr, fired a compraint and FIR No'49 ttf 2023 datecl 70.08.2023was registered uncler sectio,s 447,427 read with 34 IPC anci charge sheet is filed in C.C.No.4g5; .f 2024, dateci 78'03-2025 a.d thr: sa.lc is pe.c{ing for expranation of accuseci.

5. Lcarned Assistant Government Pleader submits that since O.S.No.100 of 20)4, is pending on the file of Junior Civil Judge at Bellampally and C.C.No.485 of 2024, dated 18.03.2025 in FIR No.49 of 2023 dated 10.08.2023 is pencling for Trial and since the complaint dated 12.08.2025 is Cirril in nature, the respondent authorities had closed the same and suggested the complainant to approach the concerned court. It is further submitted that the resp'rs11dgnt authorities neither interfered in the civil dispute nor threatened the petitioner to settle the dispute with respect to the above said land.

6. Recorcling the submissions made by the learned counsel appearing on either sitles ancl since O.S.No.100 of 2024, with respect to subject land is penclirrg on the file of Junior Civil Judge at Bellampally and C.C.No.485 of 2024, clatcd 18.03.2025 in FIR No.49 of 2023 dated 10.08.2023 is pencling for Trial, this Court deems it appropriate to dispose of the writ petition granting libertv to the petitioner to pursue her remedy before the trial court.

7. With the above observation, this writ petition is disposed of. Miscellarneous applications, if any pending, shall stand closed. No order as to SD/-C. DEEPIKA ANT REGISTRAR //TRUE COPY// SECTION OFFICER I I i costs. To 1 2 3 4 5 6 7 Hvderabad. [OUT] Ttfuo CD CoPies MP BS 1vu I HIGH COURT DATED:13110t2025 _':=::_.- .si4, ._\ t o. '.. 2.\ B 2 i';i Wi ,,fi a .-) 1. * Spr ll C iil- " ORDER WP.No.30934 of 2O2S DISPOSING OF THE WRIT PETTTION .WITHOUT COSTS