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High Court for State of TelanganaWP/9698/2018disposed of no costs

Boggarapu Alias Boggavarapu Sujatha v. The State Of Telangana,

2018-03-23M.Seetharama Murti3 pages

THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI WRIT PETITION No.9698 of 2018 ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioners to declare the action of the respondents 2 and 3 in interfering with the civil disputes and threatening the petitioners that they will be involved in criminal cases as illegal and arbitrary and to direct them not to interfere with the civil disputes and not to involve the petitioners in criminal cases illegally and arbitrarily and not to give any threats for such involvement of the petitioners in criminal cases. 2.

I have heard the submissions of Sri P.Kiran, learned counsel appearing for the petitioners, and of the learned Government Pleader for Home (Telangana) appearing for the respondents 1 to 4. I have perused the material record.

3.

Learned counsel for the petitioners would submit as follows: 'The 1st petitioner was originally the owner of a huge extent of land. She sold away part of the property and retained Ac.2.20 guntas. The 5th respondent, with a view to grab the remaining property, which was retained by the 1st petitioner, is resorting to illegal actions. A civil suit (O.S.No.317 of 2017) is filed by the 5th respondent against the petitioners; and, it is pending on the file of the Principal Junior Civil Judge Court, Khammam. In that suit, no interlocutory orders are passed in favour of the 5th respondent. The 5th respondent is influencing the respondents 2 & 3. The respondents 2 & 3 are insisting upon the petitioners to vacate the property, which is in their possession, and to settle the dispute with the 5th respondent.

MSRM, J W.P.No.9698 of 2018 Though the respondents 2 & 3 have nothing to do with the matter, they are interfering in the matter, which is purely of civil nature, and are threatening to involve the petitioners in criminal cases. Therefore, the present writ petition is filed.' 4.

Learned Government Pleader for Home appearing for the respondents 1 to 4, on written instructions, which are placed on record, would submit that the allegations in the writ petition are all false and invented and that the writ petition is filed as a preventive measure and that till date, no report is lodged with the police against the petitioners and that the writ petition is filed only on mere apprehensions, which are baseless.

5.

In the considered view of this Court, this writ petition can be disposed of recording the submissions of the learned Government Pleader for Home, particularly the submission that no report is lodged against the petitioners as on today by any person and that, therefore, the police are not interfering with the life and liberty of the petitioners or the alleged dispute, which is of civil nature. 6.

Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

Pending miscellaneous petitions, if any, shall stand closed in the light of this final order.

______________________________ M.SEETHARAMA MURTI, J Date: 23rd March, 2018 KL

MSRM, J W.P.No.9698 of 2018 THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI WRIT PETITION No.9698 of 2018 Date: 23rd March, 2018 KL