Vemulawada Prameela And 2 Others v. The State Of Telangana And 5 Others
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[ 3183 I IIIGH COURT FOR THE STATE OF TELANGANA (Special Original Jurisdiction) FRIDAY, THE THIR'TIETI] DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE I{ON'BLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 46622 OF 2022 Betrveen:
l. Vemulawada Prameela, Wlo. Latc Yadaiah, Occ. Nil, Ainapur Village, Cheryal Mandal. Warangal Districl.
2. Merugu Sattavva, Wo. Merugu Narsaiah, Occ. Housewife, Ainapur Village, Cheryal Mandal, Warangal District.
3. U..Narsamma, Wo. Sailu, Occ. Housewife, Ainapur Village, Cheryal Mandal, Warangal District.
...PETITIONERS AND l. The State ofTela/gana, rep by its Principal Secretary, Home opartmcnt Secretariat, Hyderabad.
";\ f Police, Siddipeta Commissionerate The Commission The Circle Inspector of Police, Cheryala Police Station, Siddipeta Commi Station House Officer, Kumuravelli Police Station Siddipeta Commission ssionerBte.
erate.J Tirumala Gopala Chary, S/ o Narasimha Chary, Occ. Rpal Estate Business, R/o Ainapur Villagc. Che.yal Mandal, Warangal District / Tirumala Bhargavi, W/o Tirumala. Copala Chary, Occ. Housewife, PJo Ainapur Village, Cheryal Mandal, Warangal District ...RESPONDENTS Petition undcr Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No. 3 and 4 in involving in Civil disputes and pressurizing the petitioners to vacate house properties and damaging the boundary stones, structures there on situated in Sy.No. 2l 3/A of Ainapur Village, Cheryal Mandal, Siddipet District in an extent of Ac.
2-20 guntas at the instance of the Respondents No.5 and 6 is arbitrary and illegal and consequently direct the 2nd respondent to initiate legal, disciplinary action against the Respondent No.3 and 6. IA NO: I OF 2022 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 Respondent No.2 to 4 to take legal action against the Respondent Nos. 5 and 6 as per the Petitioners complaint d ated 24 / I 2 I 2022, forthwith.
llespondents No. 3 and 4 not to interfere in civil disputes irl respect of the house properties and damaging the boundary stones, structures there on situated in Sy.No. 2131A of Ainapur Village, Cheryal lv{andal, Siddipet District in an cxtent ol Ac.2-20 guntas at the instance ofthe Respondents No.5 and 6.
Counsel for the Petitioners: SRI. THADIKONDA KOTESHWARA PRASAD Counsel for the Respondents Nos. 1 to 4 : GP FOR HOME The Court made the follorving:
HON'BLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.46622 OF 2022 ORDER: (ORAL) Heard Mr. T. Koteshwara Prasad, learned counsel for petitioners, and learned Assistant Government Pleader lor Home, and perused the material on record.
2. Petitioners are aggrieved by the action ofrespondent Nos.3 and 4 - the Circle Inspector of Police, Cheryala Police Station, Siddipet Commissionerate and the Station House Officer, Komaravelli Police Station, Siddipet Commissionerate respectively, in interfering in their civil disputes, pressurizing them to vacate house properties, damaging boundary stones and structures thereon situated in Survey No.213lA of Ainapur Viilage, Cheryai Mandal, Siddipet District.
3. Based on tl.re wlitten instructions dated 29.12.2022 of the Sub-Inspector of Police, Komaravelii Police Station, Siddipet Commissionerate, the leamed Assistant Govemment Pleader for Home t t submits that the petitioner has lociged a complaint on 24.12.2022 with respondent No.4 in connection with Acs.2.20 guntas of land in Survey No.213lA stating that respondent No.5 has removed boundary stones of the said land and requested to take rlecessary action against him. On receipt of the complaint dated 24.12.2022 l'rom the petitioner, an entry was made in
the General Diary and enquiry rvas done. During enquiry, it was revealed that the matter is purely civil in nature, as such, the cornplaint was closed and the same was intimated to the petitioners on 29.12.2022 through registered post. He submits that the respondents - police never interfered in civil disputes of the petitioners. A complaint was lodged by respondent No.5 against the petitioners on 01.12.2022, which was also enquired into and was also closed as civil in nature.
4. Recording the aforesaid submissions of the Iearned Assistant Govemment Pleader for Home, the writ petition is closed directing respondent Nos.3 and 4 not to interfere in civil disputes pending between the petitioners and unofficial respondents without following due process of law. This order shall not have any bearing on the disputes regarding title and possession between the petitioners, unofficial respondents and third parties. There shall be no order as to costs.
5. As a sequel thereto, miscellaneous applications, if any, pending in I this writ petition shall stand closed.
n i SD/.P.CH.NAGABHUSHAMBA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, one cC to sR! MPIS.oIDA Ko-r IrsHw*R*.P.Y"s*D-19^"-":1':iPJutl I
IIIGII COTIITT BVR,J DATED:30il2t2022 o3 1HE ST4I.t oooto.
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ORDER
2 1 lnH 2n23 rtYP.No.46622 of 2022 WRIT PETITION IS CLOSED WITHOUT COSTS