Suvarchala v. The State Of Telangana

THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.3953 OF 2019 DATED :27.02.2019 Between :

Suvarchala W/o.Late Satyanarayana, Aged about 44 yrs, Occu : Housewife, R/o.H.No.3-7-200/110, 111, Press Colony, Chintalkunta, Mansoorabad, L.B.Nagar, Ranga Reddy District & others.

..

Petitioners And The State of Telangana, Rep., by its Principal Secretary, Home Department at Hyderabad & others.

.. Respondents This court made the following :

- 2 - THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.3953 OF 2019 ORDER :

Heard learned counsel for the petitioners and learned Government Pleader for home for respondents 1 to 4. 2.

This writ petition is filed by three petitioners claiming that the father of petitioners 2 and 3 is the owner and in possession of land to an extent of Ac.2-30 guntas in Sy.No.187/Part, 189/part, 19/Part, 247/Part and 248/Part situated at Nagavaram village, Wanaparthy Mandal and District. Petitioners claim that the father of petitioners 2 and 3 obtained layout from the concerned authorities and sold some plots and still holding Plot Nos.1 to 6, 12 to 18 and 24 to 33. The father of petitioners 2 and 3 died on 28.06.2018. After his death, in order to see and protect the plots, petitioners visited the plots on 16.02.2019.

It is alleged that the unofficial respondents 6 and 7 have nothing to do with their plots and developed an evil eye and high handedly under the influence of respondents 3 to 5, without there being any complaint, not allowing the petitioners to enter into their plots. Therefore, petitioners pray that the statutory authorities cannot exceed their power by taking law into their hands and putting the petitioners into constant fear or threat to their life by misusing their official power.

3.

Learned Government Pleader, produced written instructions and set of papers enclosed to the written instructions furnished by the Station House Officer, Wanaparthy

- 3 - Rural Police Station, Wanaparthy District, dated 25.02.2019. The written instructions would disclose that on 16.02.2019 a complaint was lodged by the 6th respondent against 1st petitioner alleging illegal trespass into her land, demolishing and damaging the compound wall and gate. Basing on the said complaint crime was registered as Crime No.10 of 2019 for the offence punishable under Sections 447, 427 of Indian Penal Code and that the investigation is pending.

4.

Having regard to the fact that complaint is lodged and the same is registered as Crime No.10 of 2019, it cannot be said that police are illegally interfering as alleged in the writ petition. However, it is needless to observe that police may conduct investigation in accordance with the procedure envisaged in the Code of Criminal Procedure and shall not unnecessarily call the petitioners to police station, unless required in the process of investigation.

5.

With the above observations, the Writ Petition is disposed of. Pending miscellaneous petitions, if any, shall stand closed. __________________ P.NAVEEN RAO,J 27th February, 2019 Rds