THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.27476 OF 2017

ORDER:

This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief:

“…to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3^rd respondents in illegally interfering with the civil disputes between the petitioner and unofficial respondents in O.S.No.29 of 2016 on the of Senior Civil Judge Court, Nagarkurnool District as arbitrary, illegal and contrary to Article

14 and 21 of the Constitution of India and to pass.”

2. Heard Mr. R.Rajasekhar Naik, learned counsel for the petitioner and Mr. M.Srinivas, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 3.

3. Learned counsel for the petitioner submits that the respondent police authorities are illegally interfering in the petitioner’s civil disputes, despite the matter being sub judice in O.S. No. 29 of 2016 on the file of the learned Senior Civil Judge, Nagarkurnool. It is contended that the dispute in question is purely civil in nature, concerning property rights, and therefore does not warrant any police intervention. The petitioner accordingly prays that appropriate directions be issued restraining the respondents from interfering in the civil proceedings.

4. Learned Assistant Government Pleader for Home, on the other hand, submits that the allegations made by the petitioner are wholly unfounded. It is asserted that the respondent police authorities have not interfered in any civil dispute between the petitioner and private parties. He further pleaded that, based on a report lodged by the fourth respondent, Crime No. 212 of 2017 was registered against the petitioner, and for the purposes of investigation, the petitioner’s presence was required and accordingly secured. It is contended that such action was taken strictly in accordance with law in connection with the criminal case and does not amount to interference in any civil matter. Hence, the learned Government Pleader prays for dismissal of the writ petition.

5. I have perused the material placed on record.

6. Having regard to the submissions advanced and upon consideration of the legal principles governing the scope of police authority in civil disputes, it is well settled that the police have no jurisdiction to intervene in matters of a purely civil nature, except where elements of a cognizable offence are disclosed or where interference is necessary to maintain public order. Even in cases where criminal proceedings are pending, the role of the police must be confined strictly to the limits prescribed by law, and they must refrain from acting in a manner that affects the rights of parties involved in civil litigation.

7. In the present case, as the dispute between the petitioner and the unofficial respondents is pending adjudication in O.S. No. 29 of 2016 before the competent Civil Court, the respondent police authorities are directed not to interfere with such civil disputes between the parties, except in strict accordance with law.

8. With the above 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: 08.10.2025 dpm