High Court · 2025

2. Smt. Sammidi Anasuya, Wo Sammidi Shekhar Reddy, Aged about 68 years, occ. Agriculture, Ri/o H.No. 11-7-2511 Flat No.201, Gayatri Nagar, Saroomagar Mandal, R. R.District. ...PETITIONERS ANO 1 The State of Telangana, rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad. 2 3 4 5 6 The Commissioner of Police, Rachakonda Commissionerate Nacharam, Medchal Malkajgiri District. The Assistant Commissioner of Police, Vanastalipuram, R.R.District. The Station House Officer, Meerpet Police station, R.R.District. G.Praveen Reddy, s/o Late Yadgir Reddy, Aged about 50 years, occ. Business, Rl/o Pkrt No. 45, Lxmi Narasimhagrram colony, Hasthinapuram, Karmanghat, Hyderabad. T.Upender Reddy, s/o T.Venkat Reddy, Aged About 41 years, occ. Private Employee, R/o Thurkapally village, Valigonda Mandal, Nalgonda District. ...RESPONDENTS Petition under Article 226 of lhe 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, to declare the ac{ion of the 4th respondent in abruptly closing the complaint given by the petitioners on 5-12-2024 on the ground that the issue involved is civil in nature without conducting any sort of enquiry and perusing the contents of the comp{aint dt.8-1O-2O24 wherein they have requested for providing protection to their property from the unofficial respondents, as being illegal, arbitrary, unjust and unconstitutional and colourable exercise of powers, and consequently direct the respondent police to conduct re-enquiry into the written complaints and take action against the unofficial respondents as per Law lA NO: f OF m25 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 pass orders directing the respondent police to provide protection to the petitioners and their property bearing H.No. 8-12-971220 and 221 in parl of Sy.No. 60 total admeasuring Ac. 600 Sq. Yards equivalent to 501.66 Sq. metres situated at Shiva Ganga Hills of Karmanghat, Ward No.B, Block No,3, Sarsituated at Snue Mandal, R.R.District, pending disposal of the main Writ Petition Counsel for the Petitioners: SRl. J RAJESWAR Counsel for the Respondent Nos.1 to 4: GP FOR HOME Counsel for the Respondent Nos.5&6: -- The Court made the following: ORDER HON'BLE SRI JUSTICE C.V.BIIASKAR REDDY WRIT PEf,ITION No.2754 of 2o25 ORDER This Writ Petition, under Article 226 of ttre Constitution of India, is frled seeking the following relief: '. . . - to issue an oppropiate Writ, Order or Direction mnre partianlarlg one in the nnture of Writ of Mand.amas to declare the action of tfe 4th respondent in abruptly closing the amploint giuen bg the petitioners on 5.12.2O24 on th.e ground that the issue inuolued. is ciuil in nature without anducting any sort of en4ttry and prusing the @ntents of tle omplaint dt 8.10.2024 uh.erein theg hnve requested. for prouiding protection to their propertg from the uralltcial respondents as bemg illegal arbitrary unjust anL urtconstitr-Lttonal and colouroble exercise of powers and. @nseqienllA direct the respndent poli@ to andud re-enqtiry into the u.triften amplaints and take action against the unofftcial respond.ents as per Law...."

2. Considered the submissions of the learned counsel for the respective parties and perused the record.

3. It is stated that the petitioners have purchased H.No.8- 12- 97 l22O arrd, 22L in part of Sy.No.60 in total admeasuring 60O squzre yards situated at Shiva Galga Hills of Karmanghat, Ward No.8, Block No.3, Saroornagar Revenue Mandal, Ranga Reddy District, by virtue of a registered Agreement of Sale-cum-General Power of Attorney bearing document No.8384 of 20 18, dated

01.O8.2O18 and they eue in peaceful possession and enjgl2lenq 2 (1 of the same. It is the case of the petitioners that prior to their purchase, when respondent Nos.S and 6 made attempts to encroach the subject property, their vendors have instituted a suit in O.S.No.97 of 2OtS before of the principal Junior Civil Judge, Ranga Reddy District at L.B.Nagar seeking perpetual injunction, and the sarne was dismissed urde judgment and decree dated 19.07.2016 and challenging the same, the vendors of the petitioners filed an appeal uide A.S.No.2O3 of 2C 16 before the ll Additional District Judge, Rh-nga Reddy District at L.B.Nagar and the sarne was allowed urrCe judgment and decree dated 2g. Il.2016. The grievance of the petitioners is that despitc the same, w[en respondent Nos.S and 6, who are no way concerned with the subject property, tried to dispossess them, they were conslrained to submit a complaint dated 05.12.2024 before thc respondents, but even though said complaint reveals commission of cognizable offences, the respondents-police have not registered an FIR against respondent Nos.S and 6 and closed the said complaint as tivil in nature'.

4. It is evident from the record that the petitioners have entered into Agreement of Sale-cum-General power of Attorney bearing document No.8384 of 2018 dated Ol.Og.20lg, with their vendors in respect of the subject property and the order, dated u .o' 3

28.L1.2O16 A.S.No.2O3 of 2OL6 passed by the II Additional District Judge, Ranga Reddy District at L.B.Nagar, reveals that there are civil disputes between the vendors of the petitioners and the unofficial respondents herein, therefore, tl:e respondents-police have rightly closed the complaint submitted by the petitioners as 'civil in nature'. If the petitioners are aggrieved with the closure report, they are at liberty to challenge the same before the concerned Court in accordarrce with law.

5. In view of the above, this Writ Petition is dismissed leaving it open to t.lle petitioners to challenge tlle said closure report, if they are so advised, before the concerned Court, in accordance with law. No order as to costs. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// SD'. K. AMMAJI /' STANT REGISTRAR ,/ AS SECTION OFFICER To,

2. One CC to SRl. J RAJESWAR Advocate{OPU Two CCs to GP FOR HOME 'High Court for the State of Telangana' [OUTI

3. Two CD CoPies KKS GJP \q-. HIGH COURT DATED:31 lO1l202S 'i in rsg s c 5qoo / [ 7 JUr 2025 'r, -z al-4,.i .( ORDER WP.No.2754 of 20Zs DISMISSING THE WRIT PETITION WITHOUT COSTS V("L Gc0 ffi:*