Kambam Sridhar Babu v. The State Of Telangana

THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI WRIT PETITION No.14078 of 2018 ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking verbatim the following relief: "For the reasons stated in the accompanying affidavit, the petitioner herein prays that this Honourable Court may be pleased to issue order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the Respondent No 2 to 7 in interfering with the civil disputes between the Petitioner and the Respondent No.8 to 37 and pressurizing the Petitioners to compromise with the Respondent Nos.8 to 38 and also pressuring the Petitioner to withdraw O.S.No.33 of 2017 filed by him, as arbitrary, illegal, contrary to settled principles of law and consequently direct the Respondent Nos.2 to 6 not to interfere with the civil disputes between the Petitioner and the Respondents No.

8 to 38 in subject property of the petitioners i.e., land admeasuring Ac.60.34 gts. in Sy.No.443, 446, 489, 490 and 491 consisting two residential houses, situated at Mankhal Village, Maheswaram Mandal, Ranga Reddy District, and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

2.

I have heard the submissions of Sri S.Ganesh, learned counsel appearing for the petitioner, and of the learned Government Pleader for Home (Telangana), appearing for the respondents 1 to 7. I have perused the material record. 3.

Learned counsel for the petitioner submits that the matter is purely a civil dispute; that in one suit, the unofficial respondents obtained a status quo order; that the petitioner also filed O.S.No.33 of 2017, on the file of the learned District Judge, Ranga Reddy District, at L.B. Nagar; that the said suit is pending; that despite pendency of the said suit, the Police Officers, at the instance of the unofficial respondents, are harassing the petitioner and coercing

him to settle the civil dispute by coming to the property, which is in possession of the petitioner.

4.

Learned Government Pleader for Home, on written instructions, dated 23.04.2018, a copy of which is placed on record, would submit as follows: 'On the complaint of one Ch.Krishna Raju, representing the 8th respondent, a case in Crime No.224 of 2017 was registered by the Station House Officer, Maheswaram Police Station, Rachakonda Commissionerate, on 21.01.2017, against the petitioner herein, for the offences punishable under Sections 447 & 427 of Indian Penal Code, 1860, and that on the complaint of the same person lodged with the same Police, another case in Crime No.66 of 2018 was registered against Chinthalapalli Krishnam Raju and others, on 08.04.

2018, for the offences punishable under Sections 447, 427 & 506 read with 149 of Indian Penal Code, 1860, and that on the report of one Khammam Sirisha, who is the wife of the writ petitioner, a case in Crime No.67 of 2018 was registered on 08.04.2018, on the file of the same Police Station, against the said Ch.

Krishna Raju, representing the 8th respondent herein, and others, for the offences punishable under Sections 447 & 506 read with 149 of Indian Penal Code, 1860, and that the Police Officer has undertaken investigation into the afore-stated crimes and that he visited the subject property in connection with the investigation into the aforestated crimes and that except doing so, he did not interfere in the civil dispute and did not aid either of the parties to the dispute and that this writ petition is filed with false and invented allegations.'

5.

In view of the above said submissions of the learned Government Pleader for Home, learned counsel for the petitioner submits that since the Police Officer has already stated that he is not interfering in civil dispute and that he has only come to the subject property in connection with the investigation into the aforestated crimes, the same may be recorded and the writ petition may be disposed of, as such a course would meet the ends of justice. 6.

Recording the submissions, 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: 27th April, 2018 Note: Issue C.C. in two (02) days.

(B/o.) KL

THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI WRIT PETITION No.14078 of 2018 Date: 27th April, 2018 KL