Unless Proved That There Has Been Breach Of Peace & Tranquillity, Writ Court Cannot Interfere In Civil Disputes- Telangana HC
The Telangana High Court has observed that unless it is proved that there has been a breach of peace and tranquillity, a writ Court cannot interfere in civil disputes.
The Bench of Justice B. Vijaysen Reddy observed –
"Unless some material is placed before this Court to demonstrate that the unofficial respondents have acted in contravention of law, have acted highhandedly and that there is breach of peace and tranquillity, normally, this Court would not interfere in civil disputes."
In this case, the Petitioner approached the High Court being aggrieved by the inaction of Respondent No. 4 in providing police protection to the Petitioner and her family members against Respondent Nos. 5 to 7 in respect of land.
It was alleged by the Petitioner that in spite of an injunction order, the Respondents were threatening her and also registered criminal cases against her.
It was further contended that the Petitioner purchased the property from the Respondents in the year 1999 and that the Respondents trespassed into the lands damaging the fence.
The Court noted that the complaint of the Petitioner was enquired into and the police did not receive any representation from the Petitioner and as and when the Petitioner approaches the police with a fresh complaint, Respondent No. 4 would take the necessary action.
The Court thus held, "Taking into consideration the above facts and circumstances, the main prayer and the pendency of the suit in O.S.No.78 of 2022, this Court is not inclined to pass any orders. The petitioner is given liberty to approach the Junior Civil Judge, Ranga Reddy at Hayathnagar, and file an application under Order 39 Rule 2-A of the Code of Civil Procedure, 1908 to punish the unofficial respondents for disobedience of injunction order if any or an application under Section 151 CPC for granting police aid to implement the injunction order."
The Court observed that the Petitioner has not made out any case of emergent situation warranting interference of the Court for grant of police aid and held –
"From the averments in the writ affidavit, it is found vague allegations are made against the unofficial respondents that they are trying to falsely implicate the petitioner in criminal cases and that per se would not give rise to any cause of action to seek police protection. However, as it is stated by the respondent-police that the complaint of the petitioner will be looked into as and when filed, and if necessary, action will be taken, this Court is not inclined to grant any relief."
Accordingly, the Court dismissed the Petition.
Cause Title - Donepudi Sandhya C. Sandhya v. The State of Telangana and 6 others
