Nalladingal Radha Krishna v. The State Of Telangana

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER W RI T PETI TI ON No.9 5 6 5 of 2 0 1 9 ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner, seeking a Writ of Mandamus to declare the action of the 4th respondent/ Station House Officer, Venkatapuram Police Station, Jayashankar Bhupalpally District, in calling the petitioner to the police station and threatening to settle house dispute with the unofficial respondents as illegal, arbitrary and consequently direct the 2nd respondent to take action against 4th respondent for his interference in civil disputes.

2 .

Heard learned counsel for the petitioner, learned Assistant Government Pleader for Home representing respondent Nos.1 to 4 and perused the record.

3 .

It has been contended on behalf of the petitioner that the petitioner is in possession of H.No.7-161, situated at Venkatapuram Village and Mandal, Jayashankar Bhupalpally District. In the course of submissions, it is brought to the notice of this Court that the petitioner obtained an interim order from this Court in I.A.No.1 of 2019 in W.P.No.3274 of 2019 against the revenue officials and Venkatapuram Gram Panchayat, wherein, an interim direction not to interfere with the possession and enjoyment of the petitioner over the subject house property was passed. It is also contended that without there being any justifiable reason, the 4th respondent/ Station House Officer,

Venkatapuram Police Station, Jayashankar Bhupalpally District, is calling the petitioner to the police station and making him to sit in the police station.

4 .

As per the submissions made by both the sides, it appears that there is no criminal case pending against the petitioner with the 4th respondent. In spite of there being an interim order passed by this Court in favour of the petitioner as stated supra, the petitioner is called to police station. So it is not appropriate on the part of the 4th respondent to call the petitioner to the police station and cause any hardship to him. 5 .

Under these circumstances, the 4th respondent/ Station House Officer, Venkatapuram Police Station, Jayashankar Bhupalpally District, is directed not to call the petitioner to the police station and cause any kind of inconvenience to him, without there being any criminal case pending against the petitioner.

6 .

With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Dr . SHAMEEM AKTHER, J 30th April, 2019 Bvv