Telangana High Court

WP/27701/2005 of Kotha Shankariah, Vs The Superintendent of Police, on 28 December 2005

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SRI JUSTICE V.ESWARAIAH W.P.NO.27701 OF 2005 Between: K. Shankaraiah … Petitioner AND The Superintendent of Police, Mahaboobnagar & others. … Respondents THE HON’BLE SRI JUSTICE V.ESWARAIAH W.P.NO.27701 OF 2005 ORDER: The writ petition is filed to declare the

THE HON’BLE SRI JUSTICE V.ESWARAIAH

W.P.NO.27701 OF 2005

Between:K. Shankaraiah… PetitionerANDThe Superintendent of Police, Mahaboobnagar& others.… Respondents THE HON’BLE SRI JUSTICE V.ESWARAIAH

W.P.NO.27701 OF 2005

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ORDER:

The writ petition is filed to declare the action of the respondent No.2 ininterfering with the civil disputes between the petitioner and respondent No.3regarding the House bearing No.14-122, situated at Badepalli Village, JedcherlaManal, Mahabaoobnagar District as illegal, arbitrary and further direct therespondent No.2 not to summon the petitioner to the police Station without The learned counsel for the petitioner submits that there are certain civildisputes between the petitioner and the 3[rd] respondent in respect of the Housebearing No.14-122, situated at Badepalli Village, Jedcherla Mandal,Mahaboobnagar District. The 3[rd] respondent is the son of the petitioner’sbrother, who filed a suit in O.S.No.42 of 2002 on the file of Junior Civil Judge,Jedcherla, seeking eviction of the petitioner by issuing a notice under Section106 of Transfer of Properties Act, but ultimately the said suit was withdrawn on13.03.2003 and that the petitioner is continuously residing in the said house.The learned counsel further submitted that the 3[rd] respondent through someanti-social elements tried to evict the petitioner illegally from the House inquestion, without following due process of law. The petitioner after availing allattempts, approached the 2[nd] respondent-Circle Inspector of Police, P.S.Jedcherla, Mahaboobnagar District. The 2[nd] respondent, even though thepetitioner did not commit any criminal offence, is being called time and again topolice station and pressuring the petitioner to vacate from the said house.

Having regard to the facts and circumstances of the case, withoutexpressing any opinion on the merits of the case, the 2[nd] respondent isdirected not to interfere with the personal life of the petitioner and with his civildisputes, unless there is any report or complaint filed by the respondent or byany other person, alleging that the petitioner has committed cognizable offenceand unless the said report is registered and investigation is taken up.

With the direction indicated above, the writ petition is disposed of. No costs.

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28-12-2005

Note:- Issue CC tomorrow.

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