Telangana High Court
M. Rajaiah vs The State Of Telangana on 12 June, 2023
HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT PETITION No. 11999 of 2023
ORDER:
This Writ Petition is filed for the following relief:
"...to issue any appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondents, more particularly respondent No 3 in entering into Civil disputes in spite of a civil suit vide O.S.No.224 of 2023 pendente lite, as illegal, arbitrary and against articles 14, 21 and 300-A of the Constitution of India and to pass..."
2. Petitioners claim that they are the absolute owners and possessors of plot bearing No.42, admeasuring 300-00 square yards, in Survey No.80 situated at Gajularamaram Village, Quthbullapur Mandal, Medchal-Malkajgiri District. It is the case of the petitioners when the respondent No.4 tried to dispossess them from their property, they filed O.S.No.224 of 2023 in the Court of Junior Civil Judge, Medchal, and the said suit is pending. Since the respondent No.4 is threatening to dispossess them, the petitioners lodged a complaint before the respondent No.3 - Station House Officer, Jeedimetla Police Station, to take appropriate action against the respondent No.4. The main 2 CVBR, J wp_11999_2023 grievance of the petitioners is that the respondent No.3 has not acted upon their complaint in collusion with the respondent No.4.
3. Learned Assistant Government Pleader appearing for the respondent Nos.1 to 3 has submitted that there is a civil dispute between the petitioners and the respondent No.4 and that the police are not registering any crimes with regard to the cases wherein civil disputes are pending. He has further submitted that the respondent No.3 is not interfering with the civil dispute between the petitioners and the respondent No.4 in any manner.
4. Having regard to the above, this Court is of the view that if the complaint lodged by the petitioners disclose any cognizable offence, the respondent police shall take appropriate action by following the guidelines issued by the Hon'ble Supreme Court in Lalita kumari Vs State of Uttar Pradesh and others1 and if the allegations in the complaint disclose that the matter is of civil nature, the respondent police shall not interfere with the civil disputes 1 (2014) 2 SCC 1 3 CVBR, J wp_11999_2023 between the petitioners and the respondent No.4 without following the due procedure.
5. With the above directions, the writ petition is disposed of. No costs.
6. As a sequel, the miscellaneous petitions pending, if any, shall stand closed.
________________________________ JUSTICE C.V.BHASKAR REDDY 12.06.2023 kgk/kvni