WP/46622/2022 of Vemulawada Prameela And 2 Others Vs The State of Telangana And 5 Others on 30 December 2022

IIIGH COURT FOR THE STATE OF TELANGANA(Special Original Jurisdiction)

FRIDAY, THE THIR'TIETI] DAY OF DECEMBERTWO THOUSAND AND TWENTY TWOPRESENT

THE I{ON'BLE SRI JUSTICE B.VIJAYSEN REDDYWRIT PETITION NO: 46622 OF 2022

Betrveen:

l. Vemulawada Prameela, Wlo. Latc Yadaiah, Occ. Nil, Ainapur Village, CheryalMandal. Warangal Districl.Mandal. Warangal Districl.

2. Merugu Sattavva, Wo. Merugu Narsaiah, Occ. Housewife, Ainapur Village, CheryalMandal, Warangal District.Mandal, Warangal District.

3. U..Narsamma, Wo. Sailu, Occ. Housewife, Ainapur Village, Cheryal Mandal,Warangal District.Warangal District.

...PETITIONERS

AND

l. The State ofTela/gana, rep by its Principal Secretary, Homeopartmcnt Secretariat,Hyderabad.The CommissionThe Circle Inspector ";\";\[f ]of Police, Cheryala Police Station, Siddipeta [Police, Siddipeta Commissionerate]Police, Cheryala Police Station, Siddipeta CommissionerBte.Hyderabad.The CommissionThe Circle Inspector ";\";\[f ]of Police, Cheryala Police Station, Siddipeta [Police, Siddipeta Commissionerate]Police, Cheryala Police Station, Siddipeta CommissionerBte.

2

3The Circle Circle Inspector ";\";\of Police, Cheryala Police Station, Siddipeta CommissionerBte.4Station House Officer, Kumuravelli Police Station Siddipeta Commissionerate.J5Tirumala Gopala Chary, S/ o Narasimha Chary, Occ. Rpal Estate Business, R/oAinapur Villagc. Che.yal Mandal, Warangal District [/]4Station House Officer, Kumuravelli Police Station Siddipeta Commissionerate.J5Tirumala Gopala Chary, S/ o Narasimha Chary, Occ. Rpal Estate Business, R/oAinapur Villagc. Che.yal Mandal, Warangal District [/]

6Tirumala Bhargavi, W/o Tirumala. Copala Chary, Occ. Housewife, PJo AinapurVillage, Cheryal Mandal, Warangal DistrictVillage, Cheryal Mandal, Warangal District

...RESPONDENTS

Petition undcr Article 226 of the Constitution of India praying that in thecircumstances stated in the affidavit filed therewith, the High Court may be pleased toissue a writ, order or direction more particularly one in the nature of Writ of Mandamusdeclaring the action of the Respondent No. 3 and 4 in involving in Civil disputes andpressurizing the petitioners to vacate house properties and damaging the boundary stones,structures there on situated in Sy.No. 2l 3/A of Ainapur Village, Cheryal Mandal, SiddipetDistrict in an extent of Ac.2-20 guntas at the instance of the Respondents No.5 and 6 isarbitrary and illegal and consequently direct the 2nd respondent to initiate legal,disciplinary action against the Respondent No.3 and 6.

IA NO: I OF 2022

Petition under Section 151 CPC praying that in the circumstances stated in theaffidavit filed in support of the petition, the High Court may be pleased to direct theRespondent No.2 to 4 to take legal action against the Respondent Nos. 5 and 6 as per thePetitioners complaint d ated 24 / I 2 I 2022, forthwith.

IA NO: 2 OF 2022

Petition under Section 151 CPC praying that in the circumstances stated in theaffidavit filed in support of the petition, the High Court may be [pleased ]to direct [the]

llespondents No. 3 and 4 not to interfere in civil disputes irl respect of the house propertiesand damaging the boundary stones, structures there on situated in Sy.No. 2131A ofAinapur Village, Cheryal lv{andal, Siddipet District in an cxtent ol Ac.2-20 guntas at theinstance ofthe Respondents No.5 and 6.

Counsel for the Petitioners: SRI. THADIKONDA KOTESHWARA PRASADCounsel for the Respondents Nos. 1 to 4 : GP FOR HOMEThe Court made the follorving:

HON'BLE SRI JUSTICE B. VIJAYSEN REDDY

WRIT PETITION No.46622 OF 2022

ORDER: [(ORAL)]

Heard Mr. T. Koteshwara Prasad, learned counsel for petitioners, and learned Assistant Government Pleader lor Home, and perused the materialon record.

2. Petitioners are aggrieved by the action ofrespondent Nos.3 and 4 -the Circle Inspector of Police, Cheryala Police Station, SiddipetCommissionerate and the Station House Officer, Komaravelli PoliceStation, Siddipet Commissionerate respectively, in interfering in their civildisputes, pressurizing them to vacate house properties, damaging boundarystones and structures thereon situated in Survey No.213lA of AinapurViilage, Cheryai Mandal, Siddipet District.

3. Based on tl.re wlitten instructions dated 29.12.2022 of theSub-Inspector of Police, Komaravelii Police Station, SiddipetCommissionerate, the leamed Assistant Govemment Pleader for Homesubmits that the petitioner has lociged a complaint on 24.12.2022 withrespondent No.4 in connection with Acs.2.20 guntas of land in SurveyNo.213lA stating that respondent No.5 has removed boundary stones of thesaid land and requested to take rlecessary [action ]against him. On receipt ofthe complaint [dated ][24.12.2022 l'rom the ][petitioner, ][an ][entry ][was ][made ][in]

tt

the General Diary and enquiry rvas done. During enquiry, it was revealedthat the matter is purely civil in nature, as such, the cornplaint was closedand the same was intimated to the petitioners on 29.12.2022 throughregistered post. He submits that the respondents - police never interfered incivil disputes of the petitioners. A complaint was lodged by respondentNo.5 against the petitioners on 01.12.2022, which was also enquired intoand was also closed as civil in nature.

4. Recording the aforesaid submissions of the Iearned AssistantGovemment Pleader for Home, the writ petition is closed directingrespondent Nos.3 and 4 not to interfere in civil disputes pending betweenthe petitioners and unofficial respondents without following due process oflaw. This order shall not have any bearing on the disputes regarding titleGovemment Pleader for Home, the writ petition is closed directingrespondent Nos.3 and 4 not to interfere in civil disputes pending betweenthe petitioners and unofficial respondents without following due process oflaw. This order shall not have any bearing on the disputes regarding titleand possession between the petitioners, unofficial respondents and thirdparties. There shall be no order as to costs.parties. There shall be no order as to costs.

5. As a sequel thereto, miscellaneous applications, if any, pending inthis writ petition shall stand closed.n SD/.P.CH.NAGABHUSHAMBAASSISTANT [REGISTRAR]//TRUE [COPY//]

SECTION [OFFICER]

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IIIGII COTIITT

BVR,JDATED:30il2t2022

ORDERrtYP.No.46622 of 2022

WRIT PETITION IS CLOSED WITHOUT COSTS

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