N. Venkata Siva Mahesh, v. The State Of Andhra Pradesh ,

THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI WRIT PETITION No.10700 of 2018 ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioners seeking verbatim the following relief:

"For the reasons stated in the accompanying affidavit, the petitioner herein prays that this Hon'ble Court may be pleased to issue an appropriate writ or orders more particularly in the nature of writ of mandamus declaring the action of Respondents interfering into the civil jurisdiction without proper orders and trying to coerce and compel the petitioner No.1 and petitioner No.2 to compromise with Respondent No.4 as illegal and arbitrary and violation of Art. 14 and 21 Constitution of India and consequently direct the Respondent No.2 and 3 not to interfere into the Civil disputes and not to threaten the petitioners to attend the settlement meeting organized illegally, and to pass such other orders as the Hon'ble Court may deem fit and proper in the interest of justice."

2.

I have heard the submissions of Sri Nivarthi M.S., learned counsel appearing for the petitioners, and of the learned Government Pleader for Home (A.P.) appearing for the respondents 1 to 3. I have perused the material record.

3.

At the hearing, learned counsel for the petitioners would submit that the 1st petitioner filed a suit for recovery of money in O.S.No.533 of 2018, on the file of the learned Senior Civil Judge, Ranga Reddy District, against the 4th respondent and that in that civil suit, an application seeking attachment before Judgment was also filed and that the civil Court granted an interim order directing furnishing of security within the stipulated time and simultaneously ordered attachment before Judgment of the property and that when the 1st petitioner along with the 2nd

MSRM, J W.P.No.10700 of 2018 petitioner approached the Police for their safety, the 2nd respondent threatened them to settle the matter as per the wish of the 4th respondent by withdrawing the civil suit and that the petitioners are being threatened with dire consequences and, hence, the writ petition is filed.

4.

In the counter affidavit filed by the respondents 1 to 3, it is stated that the petition of the 4th respondent was registered in Sannihitam (CCC) No.276/CCC/VJA/2018 and that the Commissioner of Police, Vijayawada City, directed the Assistant Commissioner of Police, SCs & STs Cell, Vijayawada, to enquire into the matter and that in pursuance thereof, both parties are called to the Office of the Assistant Commissioner of Police, SCs & STs Cell, Vijayawada, and that during the course of preliminary enquiry, it is revealed that the matter is of civil nature and, therefore, both parties are advised to settle the matter before a civil Court and that the allegations contrary to the said fact stated in the writ petition are false.

5.

Having regard to the facts and submissions, the Writ Petition is disposed of directing the respondents 2 & 3 not to call the petitioners to the Police Station or their offices in connection with the civil matter, which is sub judice. 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: 10th April, 2018 KL

MSRM, J W.P.No.10700 of 2018 THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI WRIT PETITION No.10700 of 2018 Date: 10th April, 2018 KL