Rapolu Anjaneyulu v. The State Of Telangana

HON'BLE SRI JUSTI CE A.V.SESHA SAI W .P.No.4 1 6 4 0 of 2 0 1 8 ORDER: - When the matter is taken up, the written instructions furnished by the Sub-Divisional Police Officer, Miryalaguda, dated 19.11.2018, are placed on record by the learned Government Pleader. The said instructions read as under: - "One Sri Rapulu Anjaneyulu/ 1st petitioner herein, Mr.Pogulu Saidulu/ 3rd petitioner herein and Mr.Rama Narasaiah/ 4th petitioner herein themselves approached the Police of I-Town Police Station, Miryalaguda, Nalgonda District, and lodged a complaint on 24.07.2018 stating that he has vacant place in Sy.No.797 admeasuring 154 Sq.Yds., at Bapujinagar, Miryalaguda Town and one Smt.Chirraboina Seethamma and others trespassed into the said place and trying to occupy the place and hence requested to take necessary action, as per law.

Upon receipt of the said complaint, an entry was made into the Station General Diary, after enquiry action will be taken since it appears to be civil in nature.

After conducting preliminary enquiry into the matter, the 4th respondent/ Circle Inspector of Police, I-Town Police Station, Miryalaguda, Nalgonda District, immediately advised the petitioners to approach the competent Court of law as the dispute is purely civil in nature and hence no action whatsoever was taken on the complaint of the petitioners herein.

It is humbly submitted that except advising the petitioners to approach the competent Court of law, this respondent Police more particularly respondents 3 and 4 never interfered with the civil disputes much less the dispute of the petitioners herein., It is submitted that the allegation of the petitioner that the plaintiff in O.S.No.332/ 2015 Smt.Chirraboina Seetharamma, W/ o.late Peddi Raju with the influence of the respondent Nos.3 and 4 interfered in the construction of this houses and the 3rd and 4th respondent herein summoning them to the Police Station regularly and interfering in civil dispute with hand in glove with them and pressurizing them to stop the construction is absolutely false, baseless and hence denied.

The allegation of the petitioner that the respondent Nos.3 and 4 have no jurisdiction and by mis-utilizing their official positions, interfering in civil disputes between the private parties and are indirectly pressurizing them to give up their right in respect of their properties is utterly false, baseless and hence denied.

It is submitted that the allegation of the petitioner that the respondents 3 and 4 under the influence of the plaintiff in O.S.No.332/ 2018 (dismissed) are causing mental agony by pressurizing them and forcing them to stop the constructions activity in the subject houses is absolutely false, baseless and hence denied.

It is pertinent to submit that except advising the petitioners to seek their redressal in a competent Court of law on their complaint this respondent never summoned the petitioners nor interfered with the civil disputes as alleged.

I humbly submit that though the petitioner made allegations against the plaintiff Smt.Chirraboina Seetharamma, w/ o.late Peddi Raju for the reasons best known to the petitioners not made her leer as party respondents to this Writ Petition.

It is humbly submitted that the dispute of the petitioners as well as the plaintiff in O.S.No.332/ 2015 (filed by Smt.Chirraboina Seetharamma against the petitioners herein) is purely civil in nature and hence this respondent Police are no way concerned with it. At any point of time, this respondent Police more particularly the respondents and never summoned the petitioners to the Police Station nor pressurized them to stop the constructions, as alleged."

Accordingly, the Writ Petition is disposed of, by placing on record the said instructions furnished by the Sub-Divisional Police Officer, Miryalaguda, dated 19.11.2018. Miscellaneous petitions pending, if any, shall stand disposed of. There shall be no order as to costs. ______________ A.V.Sesh a Sai, J Date: 20.12.2018 smr