← Library
High Court for State of TelanganaWP/35874/2016disposed of no costs

R Mukhender Rao S/O R. Raghunath Rao, v. The State Of Telangana, Rep By Principal Secretary For

2016-10-25Raja Elango2 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.35874 of 2016 ORDER:

This writ petition under Article 226 of Constitution of India is filed seeking to declare the action of respondents 1 to 4 in pressuring the petitioners at the instance of respondents 5 to 7 to compromise the dispute now pending in O.S.No.248 of 2015, on the file of the Additional Junior Civil Judge, Ranga Reddy District, as illegal and arbitrary. Heard and perused the material available on record. The case of the petitioners is that respondents 5 to 7 filed O.S.No.248 of 2015 before the Additional Junior Civil Judge, Kukatpalli, against the petitioners for perpetual injunction retraining interference in respect of 400 square yards in Survey No.

214 of Madeemaguda Village in which the 5th respondent has included the 1st petitioner's plot admeasuring 80 square yards and that the suit is pending and the learned Judge has granted status quo order on 02.09.2015. The 6th respondent filed complaint on 07.12.2015 before the 4th respondent and the case is registered as Crime No.798 of 2015 for the offences punishable under Sections 447, 427, 323 & 506 IPC. On the complaint made on 17.04.2016 by the 6th respondent alleging assault, the 4th respondent has registered a case against the petitioners in Crime No.243 of 2016 for the offences punishable under Section 324 read with 34 IPC and filed charge sheet on 29.04.2016.

The main grievance of the petitioners is that respondents 2 to 4, due to the instigation of respondents 5 to 7, are compelling the petitioners to compromise the dispute pending in O.S.No.248 of 2015 and respondents 2 to 4 are pressuring the petitioners by calling them to the police station. Hence, the petitioners prayed this Court to direct the respondents 2 to 4 not to interfere in the affairs of the petitioner and respondents 5 to 7.

Learned Government Pleader for Home informed that at no point of time, the 4th respondent interfered with the affairs of the petitioners and that without there being any case registered against the petitioners, the 4th respondent will not interfere with the affairs of the petitioners herein. Considering the grievance of the petitioners and the submissions of learned counsel for both sides, the 4th respondent is directed not to interfere with the affairs of the petitioners and respondents 5 to 7, more particularly, with the civil disputes pending between them in connection with O.S.No.248 of 2015, on the file of the Additional Junior Civil Judge, Ranga Reddy District. However, this order will not stand in the way of the 4th respondent to register a case, if any complaint is lodged against the petitioners for cognizable offence.

Accordingly, the Writ Petition is disposed of. No costs. Pending Miscellaneous Petitions, if any, shall stand closed. _________________ RAJA ELANGO,J Date: 25th October, 2016.

KL