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High Court for State of TelanganaWP/36410/2016disposed of no costs

Pitta Venkateswaramma, W/O. Swamireddy, v. The State Of Andhra Pradesh,

2016-10-27Raja Elango3 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.36410 of 2016 ORDER:

This writ petition under Article 226 of Constitution of India is filed by the petitioners to declare the action of the 3rd respondent - Station House Officer, Chebrolu Police Station, Chebrolu Village and Mandal, Chebrolu, in insisting the petitioner to yield and settle the terms with the respondents 4 to 7, as illegal and arbitrary and consequently direct the respondents not to interfere with the personal liberty of the petitioner.

The grievance of the petitioner is that she filed a civil suit viz., O.S.No.608 of 2016 on the file of the I-Additional Senior Civil Judge, Guntur, for the relief of specific performance of contract of sale and for permanent injunction restraining the defendants therein, in interfering with the peaceful possession and enjoyment over the suit schedule properties and the said suit is pending. The respondents 5 to 7, who are working in police department, along with the 4th respondent, approached the 3rd respondent to insist the petitioner to withdraw the said suit. At the instance of respondents 4 to 7, the 3rd respondent is sending police constables and insisting the petitioner to settle the terms with the respondents 4 to 7 and to withdraw the suit. Learned Assistant Government Pleader for Home submitted that the 3rd respondent is not intending to interfere with the civil disputes. Considering the circumstances of the case, without expressing any opinion on merits, the Writ Petition is disposed of with the following direction:

" The 3rd respondent is directed not to interfere with the affairs of the petitioner and the respondents 4 to 7, more particularly, with the civil disputes pending between them. However, this Order will not stand in the way of the 3rd respondent to register a case, if any complaint is lodged against the petitioner for cognizable offence." There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. ______________ RAJA ELANGO, J October 27, 2016.

KTL