Peyyala Swamy Prasad v. The State Of Telangana And 5 Others
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN WRIT PETITION NO: 13631 OF 2021 Between:
Prasad, S/o. Mojes, Aged 54 years, Occ. Advocate, Rl/o. H.No.19ary's School, Church Road, Miryalguda, Nalgonda District. AND ...PET|T|ONER Peyyala Swam 1113, NearSt.
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1. The State of Telangana, Rep. by its Principal Secretary, Home Department, Secretariat Buildings, Secretariat, Hyderabad.
2. The Superintendent of Police, Nalgonda, Nalgonda District.
3. The Circle lnspector of Police, Tirumalagiri (Sagar), Nalgonda District.
4. The Station House Officer, Tirumalagiri (Sagar), Nalgonda District.
5. Godetti Venkatamma @ Mekala Venkatamma, W/o. Venkateswarlu, D/o.Lingaiah, age 41 years, Occ. Agriculture, Rl/o.Nethapuram Village, Nadimanoor Mandal, Nalgonda District.
6. Bolligorla Venkamma, W/o Bikshamaiah, Aged about 45 years, Occ. Agriculture, R/o. Kompelly Village, Tirumalagiri Mandal, Nalgonda District. RESPONDENTS Petition under Afticle 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of WRIT OF N/ANDAN/US challenging the action of the Respondents herein more particularly Respondents No.3 and 4 in interfering in peaceful possession of agricultural land of the Petitioner in Sy.No.97, admeasuring Ac.5-00 gts., and Sy.No.99/5 extent Ac.2.31 gts., both situated in Kompally Village, Tirumalagiri Mandal, Nalgonda District and demanding the Petitioner to handover the agricultural land of the Petitioner in Sy.No.97, admeasuring Ac.
5-00 gts., and Sy.No.99/5 extent 4c.2.31 gts., both situated in Kompally Village, Tirumalagiri Mandal, Nalgonda District, to the Respondent No.5 and 6 as illegal, arbitrary, unjust violation of Article 14, 15 and 21 of the Constitution of lndia and to consequently direct the Respondents No.3 and 4 not to call the Petitioner to the Police Station to hand over Petitioners agricultural land in Sy.No.97, admeasuring Ac.5-00 gts., and Sy.No.99/5 extent Ac.2.31 gts., both situated in Kompally Village, Tirumalagiri Mandal, Nalgonda District, to Respondents, No.S and 6 and also to consider the representation of the Petitioner herein dt.
1 1 -06 -2021 , in the interest of justice lA NO: 1 OF 2021 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 direct the Respondents No.3 and 4 not to call the Petitioner to the Police Station to hand over Petitioners agricultural land in Sy.No.97, admeasuring Ac.5-00 gts., and Sy.No.99/5 extent Ac.2.31 gts., both situated in Kompally Village, Tirumalagiri Mandal, Nalgonda District, to Respondents No.5 and 6 and also to consider the representation of the Petitioner herein dt.1 1-06-2021, in the interest of justice, pending disposal of the writ petition Counsel for the Petitioner : SRI RAPOLU BHASKAR Counsel for the Respondent Nos.1 to 4 : GP FOR HOME Counsel for the Respondent Nos.
THE HONOURABLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.1363L of 2O2t ORDER:
This writ petition is filed to declare the action of the respondent Nos.3 and 4 in interfering with the peaceful possession of agricultural land of the petitioner in Sy.No.97, admeasuring Ac.5-00 gts., and Sy.No.995/5 extent AC.2.31 gts both situated in Kompally Village, Tirumalagiri Mandal, Nalgonda District and demanding the petitioner to handover the same to respondents 5 and 6, as illegal and arbitrary and sought for a consequential direction to the respondents not to ca-1I the petitioner to police station and insist him to hand over the subject property to respondents 5 and 6.
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Heard Sri Rapolu Bhaskar, learned counsel for the petitioner and learned Assistant Government Pleader for Home Perused the record.
3. A perusal of the record would reveal that the Stt' respondent has filed a suit vide O.S.No.i48 of 2018 seeking perpetual injunction against the petitioner herein. She has also filed an interlocutory application vide I.A.No.419 of 2018 in O.S.No.148 of 2018 seeking interim injunction. The said interlocutory application was dismissed by the Court below vide order dated 22.10.2OL9 and it is a contested order. According to the learned counsel for the petitioner, the Sth respondent did not prefer an appeal against the said order and the said order has attained finality and the suit is pending. During the
pendency of the said suit, according to the learned counsel, the 4th respondent is threatening the petitioner to settle the dispute with respondents 5 and 6 and the handover the possession of the subject property to them. There is a specific assertion with regard to the same in paragraph No.6 of the writ affidavit. 4.
On the other hand, learned Assistant Government Pleader for Home, on instructions would submit that the 4ti, respondent never interfered with the civil disputes between the petitioner and respondents 5 and 6. He further submits that if any complaint is received against the petitioner, the 4tt respondent will investigate into the same, in accordance with 1aw.
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Recording the submission of the learned Assistant Government Pleader lor Home, this writ petition is disposed of directing the 4th respondent not to interfere with the civil disputes between the petitioner and respondents 5 and 6. However, the 4ttt respondent is at liberty to take action on the complaint, received against the petitioner herein. No costs.
Miscellaneous petitions, if any, pending, shall stand closed.
SD/-N.CHANDRA SEKHAR RAO ASSISTANT REGISTRAR //rRUE COPY/I (i seciroH oFFlcER To The Station House Officer, Tirumalagiri (Saqar), Nalqonda District. One CC to Sri Rapolu Bhaskar. Advocat'e fdpUcl - 1.
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f1,r1_o_9C. to GP for Home, High Court for the State of Telangana at Hyderabad louTl Two CD Copies One Spare Copy t\ ,p 4.
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) HIGH COURT DATED:1 810612021 IA14, € 2 I Jl!!! 2021 o L) i :--; r *
ORDER
WP.No.13631 of 2021 DISPOSING OF THE WRIT PETITION WITHOUT COSTS.
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