THE HONOURABLE SRI JUSTICE N.TUKARAMJI

WRIT PETITION No.28520 OF 2018

O R D E R:

This Writ Petition is filed under Article 226 of Constitution of

India seeking the following relief/s:-

“…to issue a writ, order or direction especially one in the nature of writ of Mandamus declaring the action of the respondents 2 to 4 in interfering in

the civil dispute as illegal irrational unconstitutional and pass.”

2. Heard learned counsel for the petitioners and Mr.D.Pradeep, learned Assistant Government Pleader for Home appearing for

respondent Nos.1 to 4.

3. Learned counsel for the petitioners submits that respondent Nos. 2 to 4, being the police authorities, are unlawfully interfering in civil disputes between the petitioners and the unofficial respondent. Consequently, this petition has been filed seeking appropriate directions. It is further submitted that there exists a development agreement and related issues between the petitioners and the unofficial respondent, in respect of which petitioners 1 and 2 have instituted O.S. No. 1223 of 2006 seeking a decree of perpetual injunction against the respondent/defendant therein, who is the father of respondent No. 5. Despite confirmation by the competent civil court, the respondent/police authorities have continued to

interfere in the matter without any lawful justification. Hence, the petitioners seek appropriate directions from this Court.

4. The learned Assistant Government Pleader for Home, on written instructions, submits that the allegations of interference in civil disputes between the petitioners and respondent No. 5 are unfounded and reiterative of those made in an earlier writ petition. He further submits that a criminal case was registered as Crime No. 663 of 2008 on the report of respondent No. 5, during the investigation of which the petitioners’ presence was duly secured. Except for such lawful proceedings, there has been no interference by the police authorities in the civil disputes. Accordingly, the learned Assistant Government Pleader prays for dismissal of the petition.

5. I have perused the material placed on record.

6. Having regard to the averments in the petitioners’ affidavit, the response of the police authorities denying interference in civil matters, and the limited scope of police involvement in civil disputes, it is directed that respondent Nos. 2 to 4, the concerned police authorities, shall refrain from interfering with the petitioners’ possession and enjoyment of the petition mentioned properties, except in strict accordance with law and upon adherence to due process.

7. With the aforesaid direction, this Writ Petition is disposed of.

There shall be no order as to costs.

Miscellaneous Petitions, pending if any, shall stand closed.

__________________ N.TUKARAMJI, J Date: 14-11-2025 BV