Bakkatatla Venkatesh v. The State Of Telangana

HONOURABLE SRI JUSTICE P.NAVEEN RAO Between:

Bakkatatla Venkatesh, s/o. B.Sathaiah, Aged about 33 years, occu: Business, R/o.H.No.5028, Jafferguda village, Hayathnagar Mandal, Ranga Reddy district.

.....Petitioner and The State of Telangana, rep.by its Prl.Secretary, Home Department, Secretariat, Hyderabad and others.

.....Respondents The Court made the following:

HONOURABLE SRI JUSTICE P.NAVEEN RAO ORDER:

Petitioner claims to be the owner of agricultural land to an extent of Ac.1.02 guntas of Batasingaram village, Hayathnagar Mandal. Petitioner alleges that there is inter se dispute between the petitioner and the unofficial respondents 4 to 7. As respondents 4 to 7 tried to interfere into the petitioner's property, he filed O.S.No.2182 of 2017 pending on the file of Principal Senior Civil Judge, Ranga Reddy district at L.B.Nagar. According to petitioner, as the unofficial respondents are evading to receive the notices and summons issued from the Court, no further steps could be taken. On the other hand, the unofficial respondents, through the Station House Officer, Abdullapurmet Police Station, are trying to settle the civil dispute between the petitioner and the unofficial respondents. This Writ Petition is filed alleging such illegal interference into civil dispute even though the suit is filed and seeks declaration not to interfere.

2.

Reading of the representation dated 29.12.2018 made to the Sub-Inspector of Police, Abdullapurmet Police Station, would show that petitioner alleges illegal encroachment by unofficial respondents into his property and abused him and threatening him with dire consequences. This representation does not make any allegation of Police interfering illegally against him, but makes allegation that unofficial respondents are interfering. Therefore, prayer sought in the Writ Petition is contrary to what was submitted before the Police. Furthermore, from the reading of the averments itself would show that there is inter se dispute between

the petitioner and the unofficial respondents 4 to 7 and suit instituted by the petitioner is pending before the competent civil Court. Petitioner is now seeking to convert the civil dispute into criminal liability also. Thus, leaving it open to the petitioner to work out his remedy on the alleged illegal interference, Writ Petition is dismissed. Pending miscellaneous petitions shall stand closed.

___________________________ JUSTICE P.NAVEEN RAO kkm

HON'BLE SRI JUSTICE P.NAVEEN RAO kkm