Kasturi Balachander v. The State Of Telangana
THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.2128 of 2019 DATED :05-02-2019 Between :
Kasturi Balachander S/o.Sri K.Krishna, aged.28 years, Occ:Agriculture, R/o.H.No.1-11, Puppalaguda Village Near Shivalayam Temple, Gandipet Mandal, Ranga Reddy District-500089 and others.
..
Petitioners And The State of Telangana Rep.by its Principal Secretary, Home Department, Secretariat, Hyderabad and others.
.. Respondents This court made the following :
- 2 - THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.2128 of 2019 ORDER :
The petitioners claimed to be the owners of land to an extent of Ac.0-28 guntas in Sy.No.251 of Puppalagunda Village. It appears there is dispute between the petitioners and unofficial respondents regarding the same and unofficial respondents lodged three complaints in Cr.No.898 of 2018 on 31-12-2018, Cr.No.59 of 2019 on 22-01-2019 and Cr.No.77 of 2019 on 30-01-2019 of Narsingi Police Station. It appears in those three crimes, complainants alleged illegal interference by the petitioners in laying the road. Petitioners filed O.S.No.18 of 2019 to grant injunction against defendants, who are respondents 5 and 6 herein. In I.A.No.47 of 2019, the I Additional Junior Civil Judge-cum-XV Additional Metropolitan Magistrate, Cyberabad at Rajendranagar granted order of status-quo to be maintained as on 01-02-2019.
02. This writ petition is filed alleging illegal interference by the police in the said property.
03.
As noted above, three crimes have been registered against the petitioners. In the process of taking-up investigation into the complaints lodged, police are entitled to visit the subject property and enquire into the validity of the complaints made against the petitioners. Merely because police visit the subject property, it can not be said that the police can be held to have been interfering in the civil disputes. Further petitioners obtained status-quo order only on 01-02-2019 and this writ petition is filed on 04-02-2019. Be that as it may since suit is pending in the Court of I Additional
- 3 - Junior Civil Judge-cum-XV Additional Metropolitan Magistrate, Cyberabad at Rajendranagar, it is always open to the petitioners to place on record the relevant material and to seek appropriate direction.
04. In view of the same, this Court is not inclined to entertain the writ petition and accordingly, the same is dismissed leaving it open to the petitioners to work out their remedies. It is also made clear that observations herein above are only for the purpose of deciding this writ petition and the competent Court shall consider the claim of the petitioners uninfluenced by the above observations.
05. Pending miscellaneous petitions shall stand closed. __________________ P.NAVEEN RAO,J 05-02-2019 Nvl