✦ High Court of India · 11 Jul 2025

High Court · 2025

Case Details High Court of India · 11 Jul 2025
Court
High Court of India
Decided
11 Jul 2025
Bench
Not available
Length
1,570 words

1. Govt. of Telangana, Rep. 6y its Prl. Secretary. Home Department, Secretariat, 2. The Superintendent of Police, District Police Headquarter, Kidwaipet, 3. The Deputy Superintendent of Police, District Police Headquarter, Kidwaipet, 4. Station House Officer, llspector in Ctra rge, police Station Jadcherla, 5. Mr Dr K Krishna Reddy, S/o Late_Sri K Janga Reddy, Rt/o - H No 96189 6. Dr. K Vijay Shekar Reddy, S/o Late Sri K Ram'a Chandra Reddv. Rl/o - H No 7. Dr. B Su-gu.nakar Reddy, S/o Sri B NaraSimha Reddy, R:/o _ H. No. 17 8. Dr. K Lalitha .Reddy,.!v/o D-r K. Vijayashanker Reddy, R/o _ H. No. 9. Dr. A Prasanth Reddy, S/o Sri A Sudhakar Reddy, Ri/o H. No. 8532t42. Karmanghat, Srinidhi Colony, Saroornagar, Ranoa Reiddy District. HvderabaJ. 10.Smt B Shailaja,^{9.Dr. B. Sugunakar Reddy-, R/o -H. ruo. fi1313tita1. 11.Mr. Challa-Ram Reddy, S/o.Sri Mohan lgddy, R/o - H. No.71212t N36, 12.Mr.V Ama1e1!^e1.[e^ddy, S/o Late Sri V Sudharshan Reddy, Rl/ o Flat No. 401 H No 23647 11821 43, Himashiva Apartments, Shivam Rodd, Bagh nmberpet, Hvderabad - 500013. 13.Mi. K Sai Reddy, S/o Late K Janga Reddy, R/o H. No. 84171180 sairam 1713831M130, Manohar Nagar, Saidabad, Hyderabad - 500059. Shivabag Colony, Ameerpet, Hyderabad - 5000i6. Manohar Nagar, Saidabad, Hyderabad. Nagar, Karmanghat, Saroornagar, Ranga Reildy District, Hyderabad. ...UNOFFICIAL RESPONDENT i l ')

14. Punjab National Bank, Circle Office,Sayeed Plaza, LakdiKa Pool, Saifabad,Hyderabad. Rep by its Authorized Officer.

15. Bank of [Vlaharashtra, Asset Recovery l\rlanagement Branch, Moazzam Jahi Road, Hyderabad-500001. Rep by its Authorized Officer.

16. Syndicate Bank/Canara Bank (Now Canara Bank), Arm Branch 62-953/4 'l st Floor, Raj Bhavan Road Khairatabad, Hyderabad - 500004. Rep. by its Authorized Officer ...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 direction Writ of Mandamus for declaring and questioning the action of the Official Respondents more particularly Official Respondent No. 4 in interfering with Civil Disputes with respect to Property of the Petitioner Company admeasuring Ac. 57-24 Guntas in Sy. No. 36, 37, 58 and 59 situated at Kaverempet, Jadcherla Gram Panchayat and Mandal, Mahabubnagar District, Telangana, despite orders of Honourable Debt Recovery Tribunal, Hyderabad Dt. 06.12.2023 vide S.A No. 166 of 2019, despite Orders of Honourable Debt Recovery Appellate Tribunal Ot. 0310112024 vide Regular Appeal No. 2 and 3 of 2024, Orders of Honourable Supreme Court of lndia Dt. 211O112022 and 1710912022 vide S.L.P No. '14393 ot 2021, despite F.l.R No. 647 of 2021 on the file of Official Respondent No.4 as illegal, arbitrary and in violation of Article '14, Article 21 and 3004 of Constitution of lndia and against the Indian Penal Code, Code of Criminal Procedure and consequently direct the Official Respondent No.4 to not to interfere with Civil Disputes pertaining to Property of the Petitioner Company admeasuring Ac. 57 -24 Guntas in Sy. No. 36, 37, 58 and 59 situated at Kaverempet, Jadcherla Gram Panchayat and Mandal, Mahabubnagar District, Telangana and direct the Official Respondent No.4 to take action against Respondent No.5 to 13 with respect to Criminal activities being done by them by making enquiry into the matter in accordance with law lA NO: 1 OF 2024. Petition under Section '1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Official Respondents more particularly Official Respondent No.4 to register crime and conduct enquiry against the Unofficial Respondent No. 5 to 13 and others, in pursuance of petitioners complaints, pending disposal of the Writ Petition lA NO: 2 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct {he Official Respondents more particularly Official Respondent No. 4 not to interfere in Civil Disputes pertaining to Property of the Petitioner Company Property of the Petitioner Company admeasuring Ac.57-24 Guntas in Sy. No. 36,37,58 and 59 situated at Kaverempet, Jadcherla Gram Panchayat and Maridal, Mahabubnagar District, Telangana, pending disposal of the Writ Petition Counsel for the Petitioner: SRl. ASAD HUSSAIN Counsel forthe Respondent Nos. 1to4: GP FOR HOME Counsel for the Respondent No.13: SRI KATIKA RAVINDER REDDY Counsel for the Respondent Nos. 5to16:-- The Court made the following: ORDER THE HON'BLE SRI JUSTICE T. VINOD KUMAR Writ Petition No.19 75 ot 2O24 ORDER: Heard learned counsel for the petitioner appearing through Online. learned Government Pleader for Home appearing for respondent Nos' 1 to 4 and Sri Katika Ravinder Reddy, learned counsel appearing for respondent No.13, and perused the record.

2. Having regard to the manner of disposal of the Writ Petition at the admission stage and the nature of /is involved, this Court is of the view that notice to unofficial .respondent Nos.5 to 12 and 14 to 16 is not necessary for adjudication of the present Writ Petition.

3. The case of the petitioner, in brief, is that, the 4th respondent is interfering in the civil dispute with respect to the property of the petitioner company admeasuring Acs.57.24 guntas situated at Kaverempet, ledcherla Mandal, Mahabubnagar District, despite the orders of the Debt Recovery Tribunal, Hyderabad, and also the orders of the Hon'ble Supreme Court of India in SLP (C) No.14393 ot 2021, which action of the respondents-authorities it is contended as illeqal, arbitrary and violation of Articles 14, 21 and 300A of the Constitution of India and also against IPC and Code of Criminal Procedure. 2 !

4. Per contra, Iearned Government pleader for Home appearing on behalf of respondent Nos.1 to 4, while denying the writ averments, would submit that the petitioner herein had approached the respondents_ authorities and lodged a complaint on 10.12.2023; and that upon the petitioner lodging the aforesaid complaint, the authorities have made a GD entry and since the contents of the complaint disclose commission of a non-cognizable offence, the authorities after obtaining permission from the concerned Magistrate, took up investigation into the aforesaid complaint and after conducting investigation, have filed a final report on 08.07.2025 by closing the afor.esaid complaint as ,civil in nature,. 5' Learned Government preader further submits that the intimation of filing of the final repoft was also given to the complainant in person in Form No.96.

6. Learned Government pleader further submits that the respondents_ authorities, except causing enquiry into the aforesaid complaint lodged by the petitioner, .are not interfering in the alleged civil dispute in relation to the subject property, except ensuring maintenance of raw and order on account of the disputes between the petitioner and the unolficial respondents herein. 7 . The aforesaid submission made by the learned Government pleader for Homb'agpearing for respondent Nos.1 to 4 is taken on record, a- 5 B. Having regard to the submissions made as above' since' it is now stated before this court that the respondents-authorities having received the comPlaint from the petitioner herein, on tO'12'2073 and after from the concerned Maqistrate having caused obtaining Permisslon enquiry/investigation thereinto and closed the said complaint by filing final report on 08.07.2025, this Court is of the view that if either the petitioner or the unofficial respondents are aggrieved by the aforesaid final report' have to avail fut-ther remedies under Cr'P'C/BNSS'

9. Since, the respondents-authorities have categorically made assertion of the respondents-authorities not interfering in the civil dispute that may exist between the parties, this Couft is of the view that the respondents-authorities are to be directed to follow due process of law' in the event of any complaint is lodged in relation to violation of provisions of Cr.P.C. and affecting the law and order situation' Subject to above direction, the Writ Petition is disposed of' No

10. order as to costs.

11. Miscellaneous petitions, if any, pending in this writ petition shall stand closed //TRUE COPY// Sd/. MOHD. ISMAIL DEPUTYIEGISTRAR

1.., SECTFON OFFICER To, I lvlahbu6nagar, Telangana - 509001

1. The Principal Secretary. Home Department, .Secretariat' ; iil; b;;;ii"ienolnt ot holice, District Police Headquarter' Kidwaipet' 3 The DeDutv supennteniJnt olFolice, District Police Headquarter, Kidwaipet, il/ahbu6na-gar, Telangana - 509001 ' 4 56t; ffi;i" om""i tnipeiiorin Charge, Police Station Jadcherla' JitLf,eAa, Mahbubnagar, Telangana- 509001 ^..- 5 &;Ctio Sit. nsnb HUSSAIN ,Advocate toPg.cl 6. i; dcsio -ci Con notue ,High court for the state of relangana at T'S 'Hyderabad' Hyderabad [OUT] T

7. One CC to SRl. KATIKA RAVINDER REDDY, Advocate IOPUC] B. Two CD CoPies B l\il PVL w I HIGH COURT DATED:1110712025 t t ORDER WP.No.1975 o12024 I I R i !lE o 74 10 sEP 26 '\.. ".1 i, j .i ,.) \., f \ ,l 1' // ,// DISPOSING OF THE WRIT PETITION WITHOUT COSTS e{ 7o

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