Pathiya Devilal, v. The State Of Telangana,

THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR WRIT PETITION No. 21369 of 2016 ORDER :

This Writ Petition came to be filed with the following prayer:

"...to issue an appropriate writ, order or direction, more particularly a Writ in the nature of Mandamus, declaring the action of the 3rd respondent forcing the petitioners herein to have a 'settlement' with the unofficial respondent herein, notwithstanding the fact that the 4th respondent has no title or right over the subject property and in threatening the petitioners herein that various criminal cases would be booked against the petitioners, if the petitioners do not heed the warnings, as being illegal, arbitrary and unconstitutional being violative of Arts. 14, 19 (1) (g), 21 and 300-A of the Constitution of India, apart from various judicial pronouncements of this Hon'ble Court as well as the Hon'ble Apex Court and consequently direct the respondent No.3 not to interfere with the civil disputes between the petitioners and the 4th respondent, and pass..."

2. Heard the learned counsel for the petitioners and the Assistant Government Pleader for Home for the State of Telangana appearing for respondents 1 to 3. At the request of both the counsel, the Writ Petition itself is taken up for disposal at the stage of admission. Since this Court is not adjudicating the case on merits, it may not be necessary to hear respondent No.4.

3. Case of the petitioners is that petitioners are owners

and possessors of agricultural lands to an extent of Ac.5.35 guntas in survey No.147/AA of Gopanpally Village, Serilimgampally Mandal, Ragna Reddy. The respondent No.4, who is mother of a retired A.C.P. and an adjacent land owner, started interfering with their possession and tried to encroach on to their property. It is averred that at the instance of respondents 2 and 4, respondent No.3 is calling the petitioners to police station and forcing them to hand over the land to respondent No.4 by threatening to lodge false cases.

4. Learned Assistant Government Pleader, on instructions, states that respondent-police are not interfering in civil disputes and they are acting in accordance with law.

5. Recording the said statement, the Writ Petition is disposed of making it clear that any action taken by the police shall be in accordance with procedure established by law. Miscellaneous petitions pending, if any, in the Writ Petition shall stand closed in the light of this final order. No order as to costs.

______________________ C.PRAVEEN KUMAR, J 30.06.2016 DRK THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR

W.P.No.21369 of 2016

30.06.2016