M/S.Ashish Infradeveiopers (India) Pvt. Ltd., v. State Of Telangana

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.35160 of 2015 ORDER:

This writ petition was filed alleging that the Assistant Commissioner of Police, Madapur, Cyberabad, and the Station House Officer, Raidurgam Police Station, Cyberabad, were calling the Chairman and Managing Director of the petitioner company to the police station and interfering in the petitioner company's construction activities in the land admeasuring 5,400 square yards in Sy.Nos.90, 91 and 92 of Raidurg Village, Pan Maqta, Serilingampally Mandal, Ranga Reddy District. The petitioner further alleged that the police authorities were interfering in the civil disputes pending between it and the fourth respondent and pressurising it to settle the matter.

In the light of the stand taken by the police authorities and as the scope of this writ petition is limited, this Court sees no necessity to put the fourth respondent on notice.

The written instructions dated 30.10.2015 furnished by the Sub-Inspector of Police, Raidurgam Police Station, Cyberabad, to the office of the learned Government Pleader for Home state to the effect that no complaint had been received and no FIR was registered against the petitioner or the fourth respondent on the file of the said police station. According to the Sub-Inspector, the police authorities never called the deponent to the police station or pressurized him to settle the matter with the fourth respondent. The Sub-Inspector further stated that the police authorities never harassed or threatened the deponent or interfered with the civil disputes between the parties in relation to the subject land. The Sub-Inspector categorically stated that it was incorrect on the part of the deponent to say that on 21.10.

2015, he approached the police authorities and requested them not to interfere in the construction activities but the police authorities, at the instigation of the fourth respondent, called him and his staff and detained them in the police station. The Sub-Inspector concluded by saying that the police authorities were only maintaining the law and order situation so as to observe peace and tranquillity and the same would not amount to interference and harassment of the petitioner.

The afore-stated stand of the police authorities, as put forth in the written instructions, is duly taken on record. In the light thereof, this Court sees no reason to adjudicate this matter on merits. As rightly stated by the police authorities themselves, they would have to remain conscious of their limitations while dealing with the matter and would have no power or jurisdiction to interfere in the civil disputes, if any, between the petitioner and the fourth respondent. The police authorities would be entitled only to address any criminal activities in the context of such civil disputes and no further.

Making this position clear, the writ petition is closed. Pending miscellaneous petitions, if any, shall also stand closed. No order as to costs. ____________________ JUSTICE SANJAY KUMAR 6th November, 2015 IBL