✦ High Court of India · 03 Sep 2025

1. Smt Chand Bee v. The State of Telangana

Case Details High Court of India · 03 Sep 2025
Court
High Court of India
Decided
03 Sep 2025
Bench
Not available
Length
1,427 words

Srinivas Reddy, S/o. Not known to the Petitioner Occ. Sub-lnspector of Pofice Nizampet PS, Nizampet Town and Mandal, Medak District. Smt. Marri Sujatha Reddy, W/o. lM.N. Reddy Aged about 42 years, Occ. Advocate R/o. 1-9-96, New Bowenpally Hyderabad - 500 011. Venkugari Sridhar Reddy, S/o. Not known to the Petitioners Aged about 40 years, Occ. Business F/o. R. Venkatapur, Ramayampet Mandal, Medak District - 502 1O2. ...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 directions more particularly a Writ in the nature of mandamus declaring the action of the respondents, more particularly that of respondent No.3 in seeking to prevent the petitioners from entering upon the land Sy.No.921,754, 670, 771 and 772 admeasuting Ac.6-00 situated at Nascal Village. Nizampet Mandal, Medak District and interferinlr in the agricultural operations undertaken by the petitioners over the subject land which amounts to interference in civil disputes is challenged in this writ petition as being arbitrary, illegal and violative of Articles 14, 1s (1) (d), 2i and 300-A of the constitution of lndia and consequently direct the respondents, more particularly the respondent No.3 not to interfere with the agricultural operations of the petitioners being carried on the land in Sy.No.921, 754, 610, 771 and 772 admeasuring Ac.6_00 situated at Nascal Village, Nizampet Mandal, Medak Distric;t or interfere in the civrl disputes- lA NO: 1 OF 2025 Petition under Section 151 cpc praying that in the crrcumstances stated in the affidavit filed in support of the petition, the High court may be pteased to direct the respondent No.3 not to enter upon the land Sy.No g21 , 754, 610, 171 and 772 admeasurrng Ac.6-00 situated at Nascal Villagr:, Nizampet Mandar, Medak District or summon the petitioner to police station and insist or coerce the petitioners to settle the matter with respondent No.4 at the instance of respondent No.5. lA NO: 2 OF 2025 Between: Smt Advo AND Marri ,Sujatha^Reddy, W/o. M_.N. Reddy Aged abcut 42 years, Occ. cate R/o. 1-9-96, New Bowenpally Hyderabad'- 500 01j . ...PETITIONERS/RESPONDENT NO.4 1 2 4 q Smt Chand Bee, W/o. Late Moinuddin Aged about 86 years, Occ. Housewife R/o. H.No.3-52, Nascal Village Nizampeti{andal Meda( Distiict lrld Hussain, S/o. Late lVloinuddin Aged about 34 years, Occ. pvt. Teacher Rl/o H.No. 5-24-804 chandragirinagir, Jagathgirigtitta euthutttapur M-""d;], R.R. District. !4! Saleem, S/o. Late lVloinuddin Aged about 37 years, Ocr; Fruit Vendor Rt/o. 5-6/1 . Baba Nagar Nacharam, Hyddrabad. K. Ramesh, S/o. Pochaiah Aged about 40 years, Occ. Agriculture Rl/o. Nascal Village, Nizampet Mandal, Medak District. ' Jlg-^S.gt!,"j,Telangana, Rep by its principat Secretary, Home Department >ecretanal, Hyderabad. t) The Superintendent of Police, Medak District at tVledak. ',Sili 7 8 srinivas Reddv. S/o. Not known to the Petitioner occ. Sub-lnspector of Police Niiirp"t PS, Nizampet Town and Mandal' lvtedak District' venkuoari sridhar Reddy, S/o. Not known to the Petitioners Aged about.40 ;;;;:'o;.. Brtin"il ilo. R. Venkatapur, Ramavampet Mandal' Medak bistrict - 5o2 102. ...RESPoNDENrNos."?E5P'J['J?NETT,33]1,i,I'-'J Petition under section I51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim stay dated 06/01/2025 in W.P.No 429 of 2025' Counsel for the Petitioner: SRI VIJAY B.PAROPAKARI Counsel for the Respondent No.1 & 2: GP FOR HOME Counsel for the Respondent No.4: SRI UMESH SINGH The Court made the following: ORDER - THE HON'BLE SRI JUSTICE N.V.SH RAVAN KUMAR Writ Petition No.429 of 2o25 This u'rit prctition is filed seeking the follorring pra,yer "...cler:laing the action of the respt,nd_ents more particularlg that of respondent t{o.3 in seekinq to preuent the petitioners from t,rtering upon the land Sy Nos.92 1, 754, 670, 7.7 .t ancl 772 ctlrnectsunng Ac.6-0O situated at Arasc:al VilLcLge, N izantpet Mctndal, Medak Distri'r and. interferincl in the agicultural opc:rations undertalte rt lttl the petitioners ouer the ;thject land u ,luch. amounts to interference r, I ciuit disputes i.s c:hallenged in this u..trit petit;on as being arltitrary, illegal and uiolatiue of Articres 14, 19(1)(d) 2l and 3OOA of the Constitution ot'lnd.ia and corts<'qttently direct the respond.enls more particularlq the respondent No.3 not to inle.rfere u..tith th<, aq ricultural operations of the petitrctners being cctrn<:d on the lancl in Sy.No.92 1, 75q. 670, 771 ancl 772 admeasuing Ac.6-O0 gts., situatecl at lVascal Village Nizampet Mand.al A\t:dak District rtr irtterfere in the ciuil disputes...',

2. Toda-r u,hen the matter is taken up [i,r hearing, learned counsel for the petitiorler submits th:rt tltis Court on 06.01 .2025 h:rs 1t:rssed the follor .ing interim or-r1er: \ --.1 - 2 "lssue notice to respondent Nos.4 ctnd 5_ Learned counsel for the petitioners is permitted to take out personal notice to respondent Nos.4 ancl 5 and. file proof of seruice by thc next dote of hearing. As per written instructions of learned Assistant Gouernment pLeader fcr Home, on a complaint lodged bg respondent No.4, General Diarg entry u.las macle and. enquirg is betng conducted by the Station House Offtcer, Nizampet Police Station, Med.ak District. There shall be inteim d.irection to respondent No.3 not to interfere in ciuil disputes in connection uith the land. ad.measuring Acs.6_ 0O gun.tas in Surueg Nos.92 1 , 754, 670, 771 and 772 situated qt Noscal Village, Nizampet Mctndctl, Medak Distict, betrteen the petitioners and. respondent Nos.4 and 5, uithout foLtowin-ct d.ue process of lauL. List on 27.01.2025."

3. Thereafter, when the matter has come up on 12.02.2025, none has appeared on behalf of respondent Nos.4 and 5 and no proof of service of notice has been liled.

4. The Sub_lnspector of police, Medak District has placed a copy of instructions through learned Assistant Government Pleader lor Home stating thau r-rnofficial respondent No.4 lodged online complaint on 22.12 2024 stating that petitioner and his family menr'llers ."vere threatening her agricultural u,ork and taken arl ary all fuses of the electric bore u'orking in her agricultur:Ll land and that one Mr.Ramesh is criminally trespassing, damaging, I ;t taking arvav all things from the said land arld creating terror and danger. Based on the said online ':omplaint, respondent No.3 made GD entry on )2.12.2024. Accordingly respondent No.3 and staff visited the subject land and demarcated by stone boundaries. Thereafter, respondent No.3 called the petitioner for enquiry, but the petitioner has never visited to Police Station Since the alleged dispute pertains to agricultural lanrI and that respondent No.4 did not produce any evidence, the complaint lodged by unofficial respondent No.'1 rvas closed as civil in natur-e on 24.O1 .2025 .

5. In that vier,v of the matter, sirlce the complainant/respondent No.4 has not pursued the complaint and the respondent authorities closed the complainl as civil in ttatLtre, lhis u'rit petition is clisposed of I \ ---r directing the respondcnt authorities to follor'v due procedure as contemplated under of 1aw before initiating - any action on the petitioner with respect to subject lands' Miscellaneous petitions, pending, if any, shall stand closed. Hou'ever, there shall be no order as to costs SD/- S. GOWRI SHANKA STANT REGI //TRUE COPYII To, 1 The Principal Secretary, Home Department Secretgri Telangana. ION OFFICER t, Hyderabad, State of

2. The Superintendent of Police, It/ledak District at Medak. 3. One CC to SRI VIJAY B PAROPAKARI, Advocate TOPUCI 4. One CC to SRI UMESH SINGH, Advocate [OPUC] 5. Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad [OUT]

6. Two CD Copies BSR PVL HIGH COURT DATED: 0310912025 I ORDER WP.No.429 ot 2025 1x+E S f4 ,{i .3 d 0 4 t{0v ilEi )' e: \1)t ;., ., --=_i TCtlr-rl DISPOSING OF THE WRIT PETITION, WITHOUT COSTS iq tl

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