✦ High Court of India · 30 Jan 2025

TH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON'BLE SRI JUSTICE v. BHASKAR REDDY Between

Case Details High Court of India · 30 Jan 2025
Court
High Court of India
Decided
30 Jan 2025
Length
1,096 words

...REspoNDENrs Petition under Arlicle 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 an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondent No. 2 in interfering in the civil dispute between the petitioners and the respondents Nos. 4 I L i to 12 in respect of the property bearing Municipal No. 23-6-30 and admeasuring 1408 Sq. Yards, :situated at Hari Bowli, Shah All Banda, Hyderabad, at behalf of the respondents l.los. 4 to 12 , as highly illegal and arbitrary lA NO: 1 OF 2025 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 the respondent No.2 to refrain from summoning the petitioners to the P.s., and making them sit in the P.S. at the instance of the respondents No.4 to 12 pending disposal of the Writ Petition in the interest of justice. Counsel for the Petitioner: SRI AHMED KHAN Counsel for Respondent Nos. 'l to 3: AGP FOR HOME Counsel for Respondent Nos.4 to 12: --- The Court made the following: ORDER I THE HON'BLE SRI JUSTICE C.V. BHASI(AR REDDY WRIT PETITION No.25l1 OF 2025 ORDER: This writ petition is filed seeking following relief: "... to issue a writ in the nature of a writ of mandamus or any other appropriate writ direction order or orders declaring the action of Respondent No.2 in interfering with the civil disputes between the petitioners and respondent Nos.4 to 12 in respect of the property bearing Municipal Nos.23-6-30 ald 23-6-31, admeasuring 1408 square yards, situated at Hari Bowli, Shah Afi Banda, Hyderabad, at the behest of respondent Nos.4 to 12 as illegal, arbitrary and unconstitutional and principles of natural jusLice and consequently direct respondent No.2 not to interfere with the civil disputes between the Petitioners and the Unofficial - Respondents Nos.4 to 12 and to pass ..."

2. The claim of the petitioners is that they are the care takers of the property bearing Municipal Nos.23-6-30 and 23-6-31, admeasuring 1408 square yards, situated at Hari Bowli, Shah Ali Banda, Hyderabad. When respondent Nos.4 to 12 are trying to interfere with the peaceful possession and causing inconvenience to the enjoyment, the petitioners are constrained to institute O.S.No.5265 of 2022 on the file of the learned XX Junior Civil Judge, City Civil Court, Hyderabad, wherein the tria-l Court has granted ad-interim injunction in favour of the petitioners vide l.A.l\6.iI 50 of 2o22. I 2

3. The grievance of the petitioners is that even after granting injunction in their favour, at the instance of respondent Nos.4 to 12, respondent No.2 is frequently summoning the petitioners to the Police Station for settlement and confining them for hours and forcing them to compromise as per the terms dictated by respondent Nos.4 to 12.

4. Learn,:d Assistant Government Pleader lbr Home appearing on behalf of respondent Nos'1 to 4' on instructions, would submit that on the complaint liled by respondent No.10, which pima facie reveals the commission of cognizable offence, a case was registered against the petitioners after conducting preliminary enquiry. After conclusion of the investigation, it is found that the allegations against the petitioners are civil in nature ancl accordingly, the said complaint has been closed. It is further stated that after closure of the said complaint, police have never summoned the petitioners. Therefore, police are not interfering with the inter se 3 disputes between the petitioners and respondent Nos.4 to 12 io any manner.

5. In the light of the said submission, this Writ petition is disposed of, directing respondent No.2 not to interfere with the civil disputes between the petitioners and respondent Nos.4 to 12. However, it does not preclude the Police from taking action on the complaint fi1ed by the parties, in accordance with law, if the said complaint reveals commission of cognizable offences. No costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. //TRUE COPY// AS SdA S. MALLIKARJUNA RAO ANT REGIS The Statron House Officer, lvloghalpura P.S.,Hyderabad. One CC to Sri Ahmed Khan Advocate [OPUC] Two CCs to GP For Home, High Court for the State of Telangana. [OUT] Two CD Copies ECTION OFFICER To,

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4. MBC 6 HIGH COURT CVBR,J DATED: 3010112025 ( ) ,-1 !1 -t i- L ( J,(. 01 liii 2[25 c)L -1..- ,tr:.r ORDER WP.No.2511 of 2025 DISPOSING OF WRIT PETITION WITHOUT COSTS @w* W

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