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2020 DIGILAW 570 (TS)

Kotha Saraswathamma v. State Of Telangana

2020-07-21

T.VINOD KUMAR

body2020
JUDGMENT T. Vinod Kumar, J. - The present writ petition is filed under Article 226 of the Constitution of India for issue of a Writ of Mandamus to declare the involvement of 3rd respondent-Station House Officer, Nagarkurnool police station in civil litigation in respect of land in Survey No.142/A1/1/2 admeasuring Ac.0.20 gts., situated at Naganool Village, Nagarkurnool Mandal and District, pending in suit OS No.105 of 2019 on the file of the Senior Civil Judge's Court at Nagarkurnool, wherein an injunction order has been passed in IA No 406 of 2019 against un-official respondents in the present writ petition, as being illegal, arbitrary, without jurisdiction and unconstitutional, with a consequential direction to the respondent police authorities not to interfere in the civil disputes of the petitioner with respondents 4 and 5 and others. 2. The above case is taken up for hearing today i.e., 21.07.2020, through Video Conferencing. 3. Heard Sri V. Hanumanth Rao, learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing for the respondents 1 to 3. 4. The learned counsel for the petitioner by drawing attention of this Court to the injunction order passed by the Senior Civil Judge in IA No.406 of 2019 in OS No.105 of 2019, submits that the competent civil court of having jurisdiction, had restrained the respondents named therein from interfering with the possession of the petitioner in respect of the land admeasuring Ac.0.20 guntas in Survey No. 142/A1/1/2 situated at Naganool Village, Nagarkurnool Mandal and District, and the said order is subsisting. The learned counsel for the petitioner would submit that the respondents / defendants 1 and 10 in the said injunction order and suit, are the respondents 4 & 5 in the present writ petition and the 3rd respondent authority at their behest is interfering in the civil disputes and coercing the petitioner to compromise, despite the subsistence of the injunction, which the learned counsel submits that it is clearly an overreaching action on the 3rd respondent authority to stultify the injunction order granted by the competent civil Court. 5. The learned Assistant Government Pleader for Home has forwarded to this Court by e-mail written instructions dated 08.07.2020 under the signature of Sub-Inspector of Police, Nagarkurnool Police Station. 5. The learned Assistant Government Pleader for Home has forwarded to this Court by e-mail written instructions dated 08.07.2020 under the signature of Sub-Inspector of Police, Nagarkurnool Police Station. By the written instructions, it is stated that on 14.01.2020 the 5th respondent in the present writ petition gave a complaint stating that he purchased plot No.9 with Survey Nos.149/AA and 150/A in Naganool shivar from one V.Srinivasulu, and fenced the stone bars on four sides of his plot. On the evening of 13.01.2020 when the said complainant went to Amarender cement shop. whereat he was informed that something was going on his plot, upon which the 5th respondent in the present writ petition immediately went to his plot and noted that his plot was flattened with JCB and boundary stones was removed by one Rajeshwar Rao and when asked about it, he was threatened with dire consequences, hence sought for an action be taken against him. On that a case was registered in Crime No.15 of 2020 for the offences punishable under Sections 447, 427 and 506 IPC and the matter is under investigation. 6. By the written instructions, it is further stated that on 21.02.2020 one P. Tirupathaiah, who is first respondent in IA No.406 of 2019 and 4th respondent in the present writ petition, gave a complaint stating that he had agricultural land in Survey Nos.149 and 150 in the limits of Naganool shivar and at the time he fenced the stone bars in his agricultural land, that on 21.02.2020 at 11:30 hours the old sellers - Kotha Janardhan Rao, Kotha Rajeshwar Rao, Ramesh Rao and Saraswathamma, criminally trespassed into his agricultural land with sticks and they abused him in filthy language and hit him and his son-P. Ramu with sticks and tried to kill them, and he received bleeding injuries on his head and his son on his neck, as such requested to take necessary action. Upon which, a case was registered in Crime No.42 of 2020 for the offences punishable under Sections 447, 324, 504 and 506 read with Section 34 IPC, wherein the petitioner in the present writ petition is arrayed as accused No.4. 7. Upon which, a case was registered in Crime No.42 of 2020 for the offences punishable under Sections 447, 324, 504 and 506 read with Section 34 IPC, wherein the petitioner in the present writ petition is arrayed as accused No.4. 7. By the said written instructions, it is also stated that on 21.02.2020 the petitioner in the present writ petition also gave a compliant at 10.30 hrs, stating that she is the owner of the land in Survey No.142 of Ac.0.20 guntas in Naganool village and pattadar passbook is issued in her name. Further, she obtained injunction order from the Hon'ble court in O.S.No.105 of 2019 against the defendants therein. While so, on 21.02.2020 at 10:30 hours one Tirupathaiah, 4th respondent herein and 1st defendant in the suit, P. Yadaiah and P. Ramu tried to occupy her land and attacked her husband and son and abused them in filthy language, upon which she made a dial-100 call. 8. By the written instructions, it is further stated that on receipt of the above petition, GD entry was made and as the contents of petition are non-cognizable, a letter was addressed to the Judicial First Class Magistrate, Mahabubnagar with a request to accord permission to investigate the petition. Upon receiving the permission from the Hon'ble Court, a case was registered for the offences punishable under Sections 323, 504 and 506 IPC. By the written instructions, while denying the writ averments with regard to the alleged involvement of the 3rd respondent authority in interfering in civil litigation of the petitioner with respondents 4 & 5, as false and denied, it is also stated that the 3rd respondent never interfered in the civil disputes of the petitioner at any point of time. Except doing investigation in the above registered crime by and against the petitioner, in the manner known to law, the 3rd respondent authority is not concerned with the civil disputes of the petitioner either with 4th respondent or with 5th respondent or with any others in the pending suits between the parties. 9. By the written instructions, it is further stated that keeping in mind the above case registered against the petitioner, the petitioner had come up with the present writ petition to bring pressure on the police authorities to divert them from investigating into the above cases. 10. 9. By the written instructions, it is further stated that keeping in mind the above case registered against the petitioner, the petitioner had come up with the present writ petition to bring pressure on the police authorities to divert them from investigating into the above cases. 10. Having regard to the submissions made as above, and taking note of the submissions made on behalf of the 3rd respondent authority by the above written instructions, that the said authority except investigating into the above cases registered, and is not interfering into the civil disputes of the petitioner either with the 4th respondent or with 5th respondent or any others against whom the injunction order has been passed by the competent civil court having jurisdiction, no further orders need be passed in the matter. 11. Subject to the above observation, the writ petition is disposed of. No order as to costs. 12. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed in the light of this final order.