HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.9836 of 2010
Date: June 25, 2014
Between:
Pillala Lingaiah.
… Petitioner And
1. The Superintendent of Police, Warangal, Warangal District & another. … Respondents * * * HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.9836 of 2010
O R D E R:
Heard learned counsel for the petitioner and none appears for the respondents.
2. The petitioner is a tenant in the premises bearing No.2-8 situated at main road, Parkal Village and Mandal, Warangal District, by running rice business. He took the premises on lease in the year 2005 on a monthly rent of Rs.600/- per month payable to the landlord and paid Rs.1.00 lakh towards security deposit at the time of taking the premises on lease. When the landlord unilaterally demanded huge rent and also demanded additional security deposit of Rs.2,10,000/-, there were disputes between him and the landlord and the relationship was strained. The landlord is residing in USA and his brother is his GPA holder. When there was a threat of dispossession, he filed O.S.No.13 of 2010 on the file of the Junior Civil Judge, Parkal, Warangal District. When the suit was pending, the brother of the landlord brought pressure on the petitioner with the assistance of anti-social elements to vacate the premises. In those circumstances, the petitioner approached the 2nd respondent for necessary protection. But the 2nd respondent instead of giving protection to him, abused him in filthy language and directed him to vacate the premises on 20.04.2010. On 21.04.2010 he gave a telegram to the first respondent bringing to his notice about the suit filed by him and also the high handed behaviour of the 2nd respondent. The 2nd respondent asked the petitioner to come to the police station on 23.04.2010 and asked him why he has not vacated the premises by 20.04.2010 in spite of his instructions. Then he gave further time till 25.04.2010. In those circumstances, he filed the present writ petition challenging the high handed action of the 2nd respondent.
3. This Court, by order dated 28.04.2010, directed the 2nd respondent not to interfere in civil disputes which are subject matter of O.S.No.13 of 2010 on the file of the Junior Civil Judge, Parkal, Warangal District.
4. Though four years have elapsed, no counter-affidavit is filed by the 2nd respondent denying the averments in the writ petition.
5. In the circumstances, the order dated 28.04.2010 is recorded as final order by directing the 2nd respondent not to interfere in civil disputes between the petitioner and his landlord or his representatives. But the 2nd respondent is at liberty to take any action in accordance with law if a criminal action is alleged against the petitioner.
6. With the above observation, the writ petition is disposed of. Pending miscellaneous petitions, if any, shall stand dismissed in consequence. No costs.
A. RAMALINGESWARA RAO, J Date: June 25, 2014 BSB
95 HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO
WRIT PETITION No.9836 of 2010
Date: June 25, 2014
BSB