✦ High Court of India · 04 Feb 2025

1. M/s. Sri Harsha Constructions v. '1 . The State of Telangana

Case Details High Court of India · 04 Feb 2025
Court
High Court of India
Decided
04 Feb 2025
Bench
Not available
Length
1,083 words

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 pass an order or rssue any directions or issue an appropriate writ more particularly in the nature of writ of Mandamus. (a) Declaring the action of the 4th Respondent in forcing the Petitioners to part with their land and interfering with the civil disputes between Petitioners and sth to '1 1th Respondents over the land admeasuring Ac 47-25 Gts in Sy. Nos. 739 to 742, situated at Korremula Village and Gram Panchayath, Ghatkesar Mandal, Medchal Malkajgiri District, (formerly Ranga Reddy District) and calling the Petitioners to police station to setfle the civil dispute with Sth to 1 1th Respondents without investigating the complaint filed by the 2nd Petitioner vide crime No. 44 of 2o2s, as illegal, arbitrary and in violation of Articles 14, 21 and 3004. (b)Consequenfly, direct the 4th Respondent not to interfere in the civil dispute between the Petitioners and the 5th to 11th Respondents, except investigating the Crime No. 44 of ZO2S dated 23.01 .2025 registered by the 4th Respondent, in accordance with law. l.A.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 4th Respondent not to interfere in the civil disputes between the Petitioners and 5th to 11th Respondents, except investigating the crime No. 44 of 2025 dated 23.01 .2025 registered by the 4th Respondent, in accordance with law, pending disposal of the writ petition in the interest of justice. Counsel for the Petitioners : SRI ROHIT POGULA Counsel forthe Respondent Nos.1 to 4 : AGp FOR HOME Counsel for the Respondent Nos.5 to 11 : - The Court made the following OROER THE HON'BLE SRI .'USTICE K.SARATH WRIT PETITION No.275l OF 2O2S ORDER: Heard Learned Counsel appearing for the petitioners, iearned Assistant Government Pleader for Home appearing for the respondent Nos.l to 4 and perused the entire material on record.

2. Learned Counsel for the petitioners submits that this writ petition is filed by the petitioners questioning the action ol the respondent No.4 in forcing the petitioners to pa-rt with their land and interfering with the civil disputes between Petitioners and Respondent Nos.5 to 11 over the land admeasuring Ac.47-25 Guntas in Sy.Nos.739 to 742, situated at Korremula Village and Gram Panchayath, Ghatkesar Manda-l, Medcha-l-Malkajgiri District, (formerly Ranga Reddy District) and calling the Petitioners to police station to settle the civil dispute with Respondent Nos.S to 11 without investigating the complaint filed by the 2 SK,J W.P.No.2751 of 2025 Petitioner No.2 uide Crime No.44 of 2O25, dated 23.01-2025 on the file ol Pocharam IT Corridor Police Station, Rachakonda District and consequently, direct the Respondent No.4 not to interfere in the civil dispute between the Petitioners and the Respondent Nos.s to 11 except investigating the Crime No.44 of 2025, dated 23.O1.2025 registered by the Respondent No'4 in accordance with law.

3. Learned Assistant Government Pieader for Home has submitted the written instructions of the respondent No'4, in which it states that the respondent-Police are not interfering in the civil dispute between the Petitioners and the Respondent Nos.5 to 11. The respondent-Police are not the appropriate authorities either to dispossess or evict the petitioners from the subject lands, except conducting the investigation into the crimes registered over the subject lands in accordance with law .i SK,J W.P.No.2751 of 2025

4. In view of the submissions made by both sides, this writ petition is disposed of directing the respondent-Police Authority not to interfere in the civil dispute between the Petitioners and the Respondent Nos.S to 11 in Crime No.44 of 2025, dated 23.01.2025 on the hle of Pocharam IT Corridor Police Station, Rachakonda District, without foilowing the due procedure S prescribed under 1aw. There sha-Il be no order as to costs.

5. Miscellaneous petitions, if any, pending shall stand closed ,TRUE COPY// SD/. A.V.S. PRASAD REGISTRAR ASSI S TION OFFICER To l.ThePrincipalsecretary,HomeDepartment,secretariat,StateofTelangana at Hyderabad. Malkajgiri.

2.The'CommissionerofPolice,RachakondaPoliceCommissionerate' g. Trre Rliistant commissioner of police, Rachakonda Police commissionerate, 4. ih; siition nouse officer, pocharam IT Conidor police station, Rachakonda. S. f*o CCs to GP FOR HOME' High Court for the State of Telangana at Malkajgiri. Hyderabad. [OUTI O. One CC to SRI ROHIT POGULA, Advocate IOPUCI 7. Two CD CoPies SA ,*V t I I l HIGH COURT DATED:0410212025 ORDER WP.No.2751 of 2025 1 HE STq J'J 12 F[3 206 z o * C5 .q P/.TCt{ cO * DISPOSING OF THE W.P WITHOUT COSTS. G) \_/ CilP, r2\'\ v\

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