Potta Nagabhushanam v. The State Of Telangana
HIGH COURT FOR THE r s p ! i i i-r' b ii Ji" :IflIF" S:,,r.iA N GA NA fUONDAY, THE TWENTY T rwo rio usn,i5 L?ifi .",i# vE M B E R PRESENT THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETtTtoN NO: 20779 0F 2020 Between:
Potta Nlgabhushanam, S/o. Keshaiah, Aqed abo Rto.2-7. EnkoorViilage and Mandat, Khamniam oirtrYlt.60 Years, occ. Agriculture, ...PETITIONER AND 1 I!: _Sl1: oJ Telangana, Represented by its principal Secretary, Home Uepartment, Secretariat, Hyderabad
2. The Superintendent of Police, Khammam Dist.
3. The Station House Officer, Enkoor Police Station, Khammam Dist., Telangana ...RESPONDENTS Petition under Article 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 any Appropriate Writ or Order or Direction more particularly one in the nature of writ of lMandamus declaring the action of the 3rd Respondent in interfering in civil disputes and insisting the petitioner to vacate the land admeasuring Ac 3.39 y2 gls in Sy No.10B/AA and 109A,110 AA Situated in Medepalli vill, Enkoor lMandal, Khammam Dist as illegal, arbitrary and lA NO: 1 OF 2020 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 3rd respondent not to interfere with the civil dispute and not to call the petitioner to attend police station to settle civil dispute in respect of land admeasuring Ac 3.39 % gts in sy No.1o8/AA and 109A,110 AA Situated in Medepalli vill, Enkoor lVlandal, Khammam Dist.
Counsel for the Petitioner: SRI V'V. ANIL KUMAR Counsel for the Respondents: AGP FOR HOME The Coud made the following: ORDER
THE HON'BLE SRI JUSTICE P' NAVEEN RAO WRIT PETITION No.20779 oF2o20 ORDER3 counsel for the petitioner and learned Heard learned AssistantGovernmentPleaderforHomeappearingforthe respondents.
2.
This writ petition is fi1ed alleging that police are interfering in inter se civil disputes and trying to force the petitioner to settle the disputes with the person, by name, Puli Krishna, though cases are pending in the Court and before the revenue authorities. 3.
According to learned Assistant Government Pleader, on the complaints lodged by Puli Krishna, so far three crimes are registered. In Crime No.92 of 2019, charge sheet was fi1ed. Petitioner is facing trial in C.C.No.414 of 2O2O in the Court of the Judicial Magistrate of First Class, Kothagudem. In Crime No.1 14 of 2019, petitioner is facing trial in C.C.No.420 of 2O2O and police are now investigating into the crimes reported. On the complaint filed by Puli Krishna, a case in Crime No. 124 of 2020 was registered. He therefore submits that police are not interfering in civil disputes and they never tried to vacate the petitioner from the subject lands and appropriate action is being taken to complete the investigation and filing charge sheet.
4.
These facts are not disputed by learned counsel for the petitioner, but he only asserts that in the guise of investigating into the crimes reported by the opponent of the petitioner, the police cannot interfere in inter se civil disputes.
J 5.
There can be no second opinion on the issue of police interference in civil disputes. porice are entitled to investigate into the crimes reported on various aspects including concerning landed property. However, in the process of investigation, the police cannot interfere ln inter se civil disputes nor compel the parties to settle the disputes. Therefore, the respondent - police are directed to confine their investigation into the crimes reported and they shall not interfere tn inter se civil disputes. It is made clear that there is no expression of opinion on merits and it is left open to parties to seek redress on their disputes in accordance with law.
6.
The writ petition is accordingly disposed of. Pending miscellaneous petitions shall stand closed.
SDIV.SUDHA ASSISTANT R REGI //TRUE COPY// OFFICE R SECTI 'o',. -n" Principal secretary' Home Department' state of Telangana' Secretariat' Hyderabad The Superintendent of Police' Khammam Dist 2.
The Station House Officer' Enkoor Police Station' Khammam Dist ' Telangana a One CC to Sri. V V Anil Kumar' Advocate IOPUCI Two CCs to GP for Home' High Court for the State of Telangana [OUT]
6. Two CD Copies Prk \ ff-'--
HIGH COURT DATED:23/11/2020 "( 'riE S14
ORDER
( oR WP.No.20779 of 2020 c 0 f, Drtitffi i c.> Z .C).\, ../, .*\ Disposing of the Wp.
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