Smt. Chand Bee v. The Station House Officer

THE HON'BLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.41805 OF 2016 ORDER:

The writ petition is filed by the petitioners seeking a writ of mandamus declaring the action of the respondents 1 and 2 in interfering with the civil dispute relating to plot No.HIG 96, KPHB Colony, VI Phase, Kukatpally, Hyderabad, as part of the plaint schedule property in O.S.No.1538 of 2013 on the file of the Court of the I Additional Senior Civil Judge, Ranga Reddy District, at L.B.Nagar, as illegal and arbitrary, and consequently direct the first respondent not to interfere in the civil disputes of the petitioners.

Heard and perused the material.

Learned counsel for the petitioners submits that there are civil disputes between the petitioners and the respondents 5 and 6 and a civil suit being O.S.No.1538 of 2013 is also pending between them. He further submits that the respondents 1 and 2 are interfering in the civil disputes between the petitioners and the respondents 5 and 6 and that at the instance of the respondents 5 and 6, the first respondent is calling the petitioners to the police station and threatening them to withdraw the suit. Hence, he prays this Court to direct the first respondent not to interfere in the affairs of the petitioners.

Learned Assistant Government Pleader for Home (Telangana) submits that the first respondent is not interfering with the civil disputes between the petitioners and the respondents 5 and 6. Considering the rival submissions of the learned counsel for the petitioner and the Assistant Government Pleader for Home (Telangana), and also considering the facts and circumstances of the case, the respondents 1 and 2 are directed not to involve in civil disputes between the petitioners and the respondents 5 and 6 and also not to call the

petitioners to the police station, without therebeing any complaint registered against the petitioners. The respondents 1 and 2 are also directed to follow due process of law laid down in Code of Criminal Procedure.

The writ petition is accordingly disposed of. Consequently, miscellaneous petitions, if any shall also stand disposed of. _____________________ JUSTICE RAJA ELANGO 01.12.2016 pln