Telangana High Court
Nenavath Thukaram vs The State Telangana on 19 June, 2023
HON'BLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION No.12471 of 2023
ORDER:
This writ petition is filed with the following relief:-
"issue a writ or order or direction, particularly one in the nature of writ of mandamus declaring the action of respondent Nos.3 and 4 in summoning the petitioner and sending constables now and then without reasonable cause and causing harassment and cruelty in disturbing his personal and private life amounting to depriving his personal liberty even after sunset further threatening to register bind over cases against the petitioner and his family members by not entering in his agricultural land bearing No.2P, Sy.No.316/19, admeasuring Ac.2-00 guntas situated at Shivampet Village and Mandal, Medak District at the behest of respondent No.5 pressurizing the petitioner to sell the above subject lands to respondent No.6 and causing harassment and cruelty in violation of Article 21 of the Constitution of India as arbitrary and illegal..."
2. It is the case of the petitioner that he is the absolute owner and possessor of agricultural land admeasuring Ac.2.00 in Sy.No.2P Sl.No.316/91 situated at Shivampet Village and 2 CVBR, J Wp_12471_2023 Mandal, Medak District. It is the further case of the petitioner that when respondent No.6 was interfering with his possession he has instituted a suit vide O.S.No.44 of 2023 on the file of the Junior Civil Judge-cum-Judicial Magistrate of First Class, Narsapur. The said Court also granted ad interim injunction vide order, dated 20.03.2023 in I.A.No.143 of 2023.
3. Sri Palle Sriharinath, learned counsel appearing for the petitioner has submitted that during the operation of the interim injunction, respondent No.6 has influenced the police to register a false case against the petitioner only with an intention to knock away the valuable property of the petitioner. It is the further contention of the learned counsel for the petitioner that the police at the instance of Respondent No.6 are frequently calling the petitioner to the police station and made him to sit hours together and forced him to settle the civil disputes with respondent No.6 by entering into compromise.
4. The learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 4 has submitted that respondent No.6 has submitted a complaint against the petitioner and only to enquire into the said complaint, the 3 CVBR, J Wp_12471_2023 petitioner was called to police station and in fact, respondent Nos.3 and 4 are not interfering into the civil disputes in any manner.
5. This Court, on 27.04.2023, directed the petitioner's counsel to take out personal notice i.e., respondent No.6 herein. Learned counsel for the petitioner has submitted that he has taken out personal notice and filed proof of service vide Memo in USR No.46020 before the Registry. Even after receipt of the said notice, respondent No.6 has not chosen to make appearance either personally or through a counsel.
6. In view of the submissions made by the learned counsel for the petitioner and also the learned Assistant Government Pleader for Home, this Court deems it appropriate to direct respondent Nos.3 and 4 not to interfere with the civil disputes between the petitioner and respondent No.6 in any manner except in accordance with law and if the petitioner's presence is required in any of the case, respondent Nos.3 and 4 are directed to follow the procedure contemplated under Section 41A Cr.P.C 4 CVBR, J Wp_12471_2023 and also follow the guidelines issued by the Hon'ble supreme Court in Arnesh Kumar Vs. State of Bihar1.
7. With the above directions, Writ Petition is disposed of. There shall be no order as to costs.
8. As a sequel, miscellaneous petitions pending, if any, shall stand closed _________________________________ JUSTICE C.V. BHASKAR REDDY Date: 19.06.2023 sai/gkv 1 (2014) 8 SCC 273 5 CVBR, J Wp_12471_2023 34 HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.12471 of 2023 19.06.2023 gkv/sai