Smt. Raparthi Jayasri v. The State Of Telangana
HIGH COURT FOR THE STATE OF TELANGANA (Special Original Jurisdiction) t FRIDAY,THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSANO AND TWENTY TWO PRESENT THE HONOURABLE DR, JUSTICE SHAMEEM AKTHER WRIT PETITION NO:4267 OF 2022 Between:
Smt. Raparthi Jayasri, Wio Venkanna, Age.71 years,Occ. Agriculture, Rl/o. Suryapet Town and Distrcit.
...PETITIONER AND
1. The State of Telangana, Rep. its Principal Secretary, (Home Department), Secretariat at Hyderabad.
2. The Superintendent of Police, at Suryapeta
3. The Dy Superintendent of Police, Suryapeta.
4. The Station House Officer, Suryapeta Rural Police Station
5. Ullendula Maraih, S/o. Thirupataiah, age. 59 Years, Occ. Agriculture, RI/o .Pillalamarri(V), Suryapet Mandal , Suryapeta District ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ or order or direction more particularly in the nature of WRIT OF TUANDAMUS declaring the high handed action of the respondent NO. 2 to 4 mainly the 4th respondent who are interfering pouring threats to foist false cases each and every day when the civil suit is pending between the petitioner and the Sth respondent vide OS. No. 34 of 2016 of 2019 on the file of the Prl. Junior Civil judge Suryapeta in subject lands, are illegal improper arbitrary, u nconstitutiona l, violating the natural justice and without jurisdiction , Consequently, direct the respondents/ police not to make threats to evict from her agricultural lands and not to obstruct her and her family members in agricultural operations in our lands under guise of the false cases.
lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents/ police not to make threats or to call to their police station for evict/ settlement from our agricultural lands, while not to obstruct the petitioner's and her family members in doing agricultural operations in their lands under guise of the false cases.
Counsel for the Petitioner:SRl. G.L.NARASIMHA RAO Counsel for the Respondent No. 'l to 4: GP FOR HOME Counsel for the Respondent No. 5:NONE APPEARED The Court made the following: ORDER
THE HON'BLE DT. JUSTICE SHAMEEM AKTHER q WRIT PETITION NO.4267 OF 2022
ORDER
This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner, wherein, the following prayer is made: "...to issue a Writ or order or direction more particularly in the nature of WRIT OF MANDAMUS declaring the high handed action of the respondent NO.2 to 4 mainly the 4th respondent who are interfering pouring threats to foist false cases each and every day when the civil suit is pending between the petitioner and the 5th respondent vide OS. No.34 of 2016 of 2019 on the file of the Prl. Junior Civil judge Suryapeta in subject lands are illegal improper arbitrary, unconstitutlonal, vlolating the natural justice and without jurisdiction, Consequently direct the respondents/police not to make threats to evict from her agricultural lands and not to obstruct her and her family members in agricultural operations in our lands under guise of the false cases and pass such other order or orders..." 2, Heard both sides. Perused the record.
3.
In the course of submissions, it is brought to the notice of this Court by the learned Assistant Government Pleader for Home appearing for the official respondent Nos.l to 4 that already three criminal cases are registered against the husband of the petitioner, i.e., (i) Crime No.14 of 2022 of Suryapet Rural Police Station, for the offences under Sections 447,323,504 506 r/w 34 of IPC and 1(1)(r)(s) of sc & ST (PoA) Act; (ii) Crime No.297 of 2O2t of Suryapet Rural Police Station for the offences under Sections 447, 427,504,506 r/w 34 of IPC, wherein charge-sheet is filed; and (iii) Crime No.339 of 2O2l of Suryapet Rural Police Station for the offences under Sections 447 &.427 of lPC.
4.
In view of the above, it cannot be held that the respondents are highhandedly interfering and giving threats to foist false cases against the petitioner. The allegations made by the petitioner against the respondents cannot be taken as true. There is no violation of
I fundamental rights of the petitioner, as contended.
The petitioner / her husband has to work out the remedies available to her u nder law.
5, With the above observation, this writ petition is disposed of. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs. SD/-P.PADMANABHA REDDY ASSISTANT REGISTRAR //TRUE COPY// \ SECTION OFFICER To,
1. The Principal secretary, (Home Department), state of Telangana, secretariat at Hyderabad.
2. The Superintendent of Police, at Suryapeta
3. The Dy Superintendent of Police, Suryapeta.
4. The Station House Officer, Suryapeta Rural Police Station
5. One CC to SRl. G.L.NARASIIvIHA RAO Advocate [OPUC]
6. Two CCsto GP FORHOME, High CourtfortheStateofTelangana [OUT]
7. Two CD Copies.
8. One Spare CoPY.
GB q
HIGH COURT DATED:2810112022 IBE STA ra- /( 3oo \:-5, \ 1 7 FEB 2022
ORDER
F, ,:1 ,,/ WP.No.4267 of 2022 DISPOSING OF THE WP WITHOUT COSTS.
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