Telangana High Court
Shaik Sathar And Another vs The State Of Telangana And 4 Others on 28 September, 2022
Author: Lalitha Kanneganti
Bench: Lalitha Kanneganti
HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION No.37479 of 2022
O R D E R:
This writ petition is filed seeking the following relief:
" ...to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring action of Sub‐Inspector of Police, Kothur Police Station, Kothur Mandal, Ranga Reddy District, 4th respondent herein, in calling to police station and pressuring to handover our land in Sy.No.139A and 139AA an extent of Ac.12‐34 Gts. situated in Siddapur Village, Kothur Mandal, Ranga Reddy District to 5th respondent herein and on contrary threatening to implicate in criminal cases as being illegal and arbitrary and consequently direct The Sub‐Inspector of Police, 4th respondent herein, not to interfere during pendency of civil disputes i.e., O.S.No.10 of 2022 on the file of Senior Civil Judge, Shadnagar and O.S.No.24 of 2021 on the file of Senior Civil Judge, Shadnagar, between and 5th respondent and also not to interfere with our peaceful possession and enjoyment of our agricultural land in Sy.No.139A and 139AA an extent of Ac.12‐34 Gts. situated in Siddapur Village, Kothur Mandal, Ranga Reddy District...."
2. Sri R.R.Kalyan, learned counsel for the petitioners, submits that the petitioners are absolute owners of the property in Sy.Nos.139A and 139AA to an extent of Ac.12.34 gts., situated at Siddapur Village, Kothur Mandal, Ranga Reddy District, which was inherited from their father. He submits that in the year 2001, when the petitioners' cousin and his sons started interference, the petitioners have filed O.S.No.24 of 2021 on the file of the Senior Civil Judge's Court, Shadnagar, for declaration of title through 2 adverse possession and perpetual injunction and also filed O.S.No.10 of 2022 seeking declaration of registered sale deed as null and void. When these disputes are pending between the parties, the respondent police have called the petitioners to the Police Station and started harassing them stating that the property belongs to the unofficial respondent and also tried to settle the dispute between the petitioners and the unofficial respondent. He submits that when the suits are pending before the civil Court, the respondent police have no jurisdiction to interfere.
3. Sri A.Manoj Kumar, learned Assistant Government Pleader for Home, basing on written instructions, submits that both the petitioners and the unofficial respondent have given complaints and the respondent police made G.D. entries and called the petitioners on 15.09.2022 and 22.09.2022 for enquiry purpose and they have closed both the complaints as civil in nature. He submits that except conducting enquiry, the respondent police are not interfering.
4. When a complaint is given to the police and if it is makes out a cognizable offence, the respondent police have to register the 3 compliant and then conduct investigation. But, it appears that the respondent police are resorting to settle the disputes.
5. Accordingly, the Writ Petition is disposed of directing the respondent police not to interfere with the possession of the petitioners. No order as to costs.
Miscellaneous applications, pending if any, shall stand closed.
__________________________ LALITHA KANNEGANTI, J September 28, 2022 mar