Sri Thallapelli Parsharamulu v. The State Of Telangana

THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI WRIT PETITION No.10693 OF 2018 ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed requesting to declare the action of 3rd respondent and his subordinates in interfering with the civil disputes between the petitioner and the 4th respondent, at the instance of the 4th respondent, and threatening to settle the civil disputes as illegal, arbitrary and violative of the Articles of Constitution of India and also principles of natural justice. 2.

I have heard the submissions of Sri Parsa Ananth Nageswar Rao, learned counsel appearing for the petitioner, and of the learned Government Pleader for Home (TG) appearing for respondent Nos.1 to 3. I have perused the material record.

3.

At the hearing, learned counsel for the petitioner would submit that as regards the civil disputes, O.S.No.188 of 2016 on the file of the learned Principal Junior Civil Judge, Sircilla, is filed by the petitioner against the 4th respondent and that in that Suit, the civil Court granted ex parte ad interim injunction order, on 26.10.2016, till 09.11.2016 and that later, on a memo filed, the said order was extended and that, as per the instructions received by him, the said order is in force and that despite such an order being in force, the 3rd respondent and his subordinates are interfering with the civil disputes and hence, the Writ Petition.

4.

Learned Government Pleader for Home (TG), on written instructions, a copy of which is placed on record, would submit that the 4th respondent gave a complaint to the police stating that the petitioner damaged the property involved in the civil suit and therefore, a

preliminary enquiry was made and that the Writ Petition is filed with a mala fide intention to prevent the police from taking action against the petitioner, in the event of registration of a crime on the said complaint of the 4th respondent, and that the police officers never interfered with the civil disputes and that the Writ Petition is misconceived. 5.

Recording the submissions, the Writ Petition is disposed of directing the 3rd respondent not to interfere with the civil disputes between the petitioner and the 4th respondent and not to call the petitioner to the police station, unless a crime is registered against him in accordance with the procedure established by law. Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

There shall be no order as to costs.

____________________________ M.SEETHARAMA MURTI, J 06th April, 2018 MD