Kurakula Lalitha v. The State Of Telangana
[ 3183 I HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 8555 OF 2024 Between:
1. Kurakula Lalitha, W/o. Odelu, aged 33 years, Occ. Housewife
2. Kurakula Odelu, S/o- Rajaiah, aged 43 years, Occ. agriculture
3. Gundabouina Ramesh, S/o. Kumaraiah, aged 35 years, Occ. Labour All are R/o. Manjur Nagar, Boopalpalli Mandal Jayashankar Boopalpalli Diskict.
.....PETITIONERS AND
1. The State of Telangana, Rep. by its Prl Secretary, Home Department Secretariat, HYderabad.
2. The commissioner of Police, Jayashankar Boopalpalli District at Bhopalpally.
3. The Assistant Commissioner of Police, Boopalpalli Police Station, Bhoopalpalli Jayashankar Boopalpalli District.
4. The Station House Officer, Boopalpalli Police Station, Bhoopalpalli Jayashankar Boopalpalli District.
.....RESPONDENTS Petifion Under Article 226 ol 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, order or Direction more particularly one in the nature of writ of Mandamus, declaring the action of the respondents police in illegally interfering into the civil disputes by giving threatening calls by directing to come to the police station by interfering into the civil disputes in connection with the agricultural lands in Sy No. 1 92/A to an extent of Ac.0.20 gts and Sy No 182 to an extent of Ac.1.00 gts situated at Kompally Village Sivaru, Bhupalpally Mandal, Jayashankar Bhupalpally District is illegal, arbitrary and against the principles of
,( i 'iii natural JUStice and also violative of Articles 14, 19, 21 and 300-A of constitution of lndia and consequently direct the respondents police not to interfere into the i[i civil disputes by harassing the petitioners by calling to their police station without l$1 lll following due process of law in the interest of justice t.A.NO:1 OF 2024 Hi 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 HI direct the respondents particularly 4th respondent not to interfere into the Hi peaceful possession and enjoyment of the petitioners agricultural lands in Sy No. H] 1g2lA lo an extent of Ac.0.20 gts and sy No 182 to an extent of Ac.1.00 gts tf,l situated at Kompally Village Sivaru, Bhupalpally Mandal, Jayashankar m1 Bhupalpally District without following due process of law, pending disposal of the i'il main writ Petition.
,il ili Counsel for the Petitioners : SRI RAMBABU SAMBANGI til Counsel for the Respondents : AGP FOR HOME HI The Court made the following ORDER HI fr1 HI i:u l,1l ifl iiq I'
HONOURABLE SRIJUSTICE B. VIJAYSEN REDDY WRIT PETITION No.8555 0F 2024 ORDER:
This wlit petition is filed by the petitioners to declare the action of the respondent police, in illegally interfering in the civil disputes by making threatening calls to them and directing them to come to the Police Station in connection with the property bearing Survey No.192lA to an extent of Acs.0-20 guntas and Survey No.182 to an extent of Ac.1-00 guntas situated at Kompally Village Sivaru, Bhupalpally Mandal, Jayashankar Bhupalpally District, as being illegal, arbitrary and violative of Articles 14, 19, 21 and 300-4 of the Constitution of lndia.
2. Learned Assistant Government Pleader for Home has produced written instructions dated 02.04.2024 received from the Sublnspector of Police, Bhupalpally Police Station, and submitted that a complaint was lodged by one Srinivas Rekander against petitioner No.2 - Kurakula Odelu, pursuant to which a case in Crime No.92 of 2d24 dated 26.02.2024 was registered under Sections 447,294-B.,506 t and 384 lPC. The Sub-lnspector of Police, Bhupalpally Police Station, took up investigation. ln the course of investigation, two witnesses have been examined and their detailed statements were recorded. Notice, under Section 41-A Cr.P.C, dated 26.02.2024 was issued to petitioner No.2/Accused calling upon him to appear before the t l---*r .t--,.-- -=,:
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\- investigating agency on 27.O2.2024 and, accordingly, petitioner No.2 appeared before respondent No.2, but did not submit relevant documents. The case is under investigation.
3. lt is further stated that the petitioners submitted a representation to respondent No.3 on 23.03-2024 alleging that respondent No.4 interfered in civil disputes. lt is stated that respondent No.4 is discharging his legitimate duties and did not harass, threaten or interfere with the life and liberty of the petitioners nor taken any coercive action against the petitioners in any manner. A copy of the written instructions received by the learned Assistant Government Pleader for Home is served on the learned counsel for the petitioner'
4. As it is stated that respondent No.4 did not interfere in civil disputes nor threatened or interfered with the life and liberty of the petitioners, recording the same, the writ petition is disposed of. No order as to costs.
As a sequel thereto, miscellaneous applications, if any, pending in this writ etition stand closed.
- Sot p.ctr. NAGABHUSHAMBA ASSISTANT REGISTF.AR (a ,'
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SECTION OFFICER //TRUE COPY'
To
1. The Principal Secretary, Home Department secretariat, state of Telangana at Hyderabad.
2. i6e Commissioner of Police, Jayashankar Boopalpalli District at Bhopalpally.
3. The Assistant Commissioner of Police, Boopalpalli Police Station, Bhoopalpalli Jayashankar Boopalpalli D]strict. ^
4. The Statlon House Officer, Boopalpalli Police Station, Bhoopalpalli Jayashankar Boopalpalli District.
5. Two CCs to GP For Home, High Court for the State of Telangana at Hvderabad. IOUTI 6 Oire CC to Sri Rambabu Sambangi. Advocate [OPUC]
7. Two CD CoPies SA -|"
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\ HIGH COURT DATED:0310412024 -4/ -.
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I I fiAY 2024
ORDER
l ,j Ct WP.No.8555 of 2024 \r o.
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l l l DISPOSING OF THE W.P L WITHOUT COSTS.
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