Anumula Bhasker v. The State of Telangana
Court: High Court for State of Telangana
Bench: C.V. BHASKAR REDDY
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2024-02-21. Anumula Bhasker v. The State of Telangana. Read the judgment and case details on LawSphereX.
Judgment text
[ 32s6 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE C. V. BHASKAR REDDY WRIT PETITIO N NO:44 63 0F 2024 Between: 1. Anumula Bhasker, S/o. A. Karu nakar. Age. 35 Years, Occ. Business, R/o. H. No. 5-18, Neelojipalty Village, Kodhurupaka, Boinpally Mandal, Rajanna Siricilla District 2 Ellandula Chiranjeevi, S/o. Lingaiah, Age 45 years, Occ. . Business, R/o. H. No F200. O. C. C Colony, Oe'7apur'VirLge,-Xiitiiet Mandat, Mancheriat District. . ,. PETITIONERS AND 1 The State of Telaniana, Rep. by principal its Secretary, Home Department, Secretariat, HyderaEad. 2. fhe Commissioner of Police, Karimnagar Police Commissionerate Karimnagar. The Assistant commissioner of porice, Economic offences Wing, attached to CP Karimnagar, Karimnagar. 4. The Sub- lnspector, C. P Head Quarters, Economic Offences Wing, Karimnagar. ,..
RESPONDENTS Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order or direction more particularly one in the nature of wRlr oF MANDAIMUS declaring the high handed action of the Respondents No. 2 to 4 in interfering with the civil disputes and harassing the petitioners as being illegal, arbitrary, unreasonable and violation of Article 300-A of the constitution of lndia and consequently to direct the Respondent no. 2 to 4 not to harass the petitioners in connection with the pending civil dispute vide o. s. No. 65 of 2022 before the Hon'ble lV Additional District Judge, Karimnagar pertaining to the open plot Admeasuring 584. 33 Sq. Yds. , in Sy. No. 13741A, Situated at Subhashnagar Locality, Karimnagar Town, rn the interest of justice.
A NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents No. 2 to 4 herein not to harass the petitioners in connection with the pending civil dispute vide O. S. No_ 65 of 2022 before the Hon'ble lV Additional District Judge, Karimnagar pertaining to the open plot Admeasuring 584. 33 Sq. Yds. , in Sy. No. 13741A, Situated at Subhashnagar Locality, Karimnagar Town pending disposal of the main writ petition. Counsel for the Petitioners: M/s. NIMMALA SAMANVITHA Counsel for the Respondents: AGP FOR HOME The Court made the following: ORDER HON'BLE SRI JUSTICE C. V. BHASKAR REDDY WRIT PETITION No. 4463 ot 2024 ORDER: This writ petition is liled seeking the following relief:- ". . . to issue a Writ, Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the high handed action of Respondents Nos.
2 to 4 in interfering with the civil disputes and harassing the petitioners as being illegal, arbrtrary, unreasonable and violation of Articte 3OO-A of the Constitution of India and consequently to direct Respondent Nos. 2 to 4 not to harass the petitioners in connection with the pending civil dispute uide O. S. No. 65 of 2022 belore the IV Additional District Judge, Karimnagar, pertaining to the open plot admeasuring 584. 33 square yards in Sy. No. 1374/A situated at Subhashnagar Localig, Karimnagar Town. .. " 2. The case of the petitioners is that they are the absolute owners and possessors of the open plot admeasuring 584. 33 square yards in Sy. No. l3Z4 A / situated at Subhashnagar locality, Karimnagar Town, hpving acquired the same under registered sale deed "*. _ \ bearing dooueent No. B 160 of 2022, dated 19. 07. 2022. lt is ,.
t Wp 4463 2024 the further case of the petitioners that their vendors and their predecessors-in-interest have also purchased the said property through registered sale deeds bearing document Nos. 4869 of 2018 and 1516 of 2019, dated 02. O5. 20 18 and 12. 02. 2019, respectively. It is the further case of the petitioners is that disputing their ownership ald title over the subject land, which was purchased through registered sale deed, one Kankanala Lavanya Arram @ lavanya, had instituted a suit for declaration of title and consequential injunction uide O. S. No. 65 of 2022 on the Iile of the IV Additional District Judge, Karimnagar. The grievance of the petitioners in this writ petition is that pending adjudication I of the said suit, I at the instance of the plaintiff in the said I suit, I respondent Nos.
3 and 4 are lrequently summoning I I them to the police station and forcing them to enter into a I I compromise/settlement with the plaintiff in the suit as per I I the terms dictated by her that too without registration of any case and without following the due procedure as I contemplated in law. I frl=: CVI]R, J ! '. Wp 4463_2024 3. Learned Assistant Government Pleader for Home appearing for the respondents-police, on instructions, would submit that one K. Lavanya, who is the plaintiff in O. S. No. 65 of 2022 on the file of the IV Additionai District Judge, Karimnagar, has made a complaint against the petitioners and acting on the said complaint, respondent t No. 4 made an entry in the general diary of the police station I and conducted investigation.
It is further submitted by the learned Assistant Government Pleader that the police will take appropriate action strictly in accordance with 1aw if the presence of the petitioners is required for the purpose of investigation in any case 4. In vieu' of Lhe above submissions. this Court deems it appropriate to dispose of the writ petition directing respondent Nos. 3 and 4 not to interfere with the civil disputes in O. S. No. 65 of 2022 on the file of the IV Additional District Judge, Karimnagar, in any manner and if the presence of the petitioners is required for the purpose of investigation in any case, respondent Nos. 3 and 4 are directed to foliou, due procedure in accordance with 1a"1,. , wp 4163 2024 5. With the above observations, the Writ petition IS disposed of. There shall be no order as to cosrs. 6. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. 'i{,? si[fYEEt,[? Hf[ //TRUE COPYII To, v SECTIONbFFICER 1 .
The princi pal Secretary, Home Department, Telangana Secretariat, Hyderabad, State of z of police, [! nerf;3'-i""ionu. Karimnagar porice Commissionerate. J[%". ,il'jil: o r Po, i ce, ",{: Economic i X;;T:#? : Offences Wing, attached to 4. Sub_lnspector Jhg C. P n aflmnagar. Head euarters, Economic Offences Wing, t One CC ro M/s. NIMMALA SAMANVITHA, Advocate o. topUCl FoR H. ME, Iffi",:fi. ltffi Hish court for the State of Telangana at 7 Two CD Copies BSR GJP + HIGH COURT DATED: 2110212024 ,. - <'. ,. - ' tr v I/1. .! 1 r. ' o --) a) i '_) 2 6 ri8 2[24 . + t ORDER D6 -& :J I'AT CY. WP. No. 4463 of 2024 I ! DISPOSING OF THE WRIT PETITION, I I I WITHOUT COSTS i I I 7. k
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