Saanvi Naredi v. The State of Telangana

. 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 an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the arbitrary action of the respondent .....RESPONDENTS No.S police in illegally interfering into the peaceful possession arrd enjoyment of the petitioner Plot No.177 admeasuring 502 sq. yards in the gated community The Legend Chime Echo situated in Sy.Nos.211,211lA, AA, E, EE, U, UU, RU, RUU, 2121A, AA E, EE, U, UU, RU, 2131A, AA, E, EE, U, UU, fRU, SUTVEY NO. 1921 A I O EE, 1 86,/LI, 1 87 lU, 19OlU, 191 lU, 1921U, 1 99, 1 99/A and AA, 2O0, 2O1, 2O2,204,20414, and AA,205/A&AA,206,2OO|P,206lA, AA, E, E:E, U, UU,20B, 2OB|A, 299, 210 situated at Kokafiet Village, Rajendernagar lvlandal, Ranga Reddy District without following due process of law as arbitrary, illegal and in violation of law and consequently direct the respondent. police rrot to force the petitioners to settle, lhe matter in the police station. |.A.NO:1 OF 2025 Petition Under Section 151 CPC praying that in the circunrstances stated in the affidavit filecl in support of the petition, the High Court ma;, be pleased to direct the responderrt police especially the respondent MS not trt interfere with the peaceful posses:sion and enjoyment of the petitioner plot bearing Plot No.177 admeasuring 502 r;c1. yards in the gated community "The Legend Chime Echo" situated in Sy.Nos.2'l 1,2111A,AA, E, EE, U, UU, RU, RUU,212lA. AA, E, EE, U, UU, RU, 2131A, AA', E, EE, U, UU, RU, Survey No. lg2tATO EE, 186/U,'187lU, 190/U, 191/U, 19211,, 199, 199/4 and AA, 200, 201 ,202,204,2041A, and AA, 205/4 and AA, 206, 2061P,2061A, AA, E, EE, U, UU, 208, 2Ct8tA, 2Og,21O situated at Kokapet Village, Rajendernagar Mandal, Ranga Fleddy District, pending disposal o1'the writ petition. Counsel for the Petitioner : SRI ABDUL KABEER Counsel forthe Respondent Nos.1 to 5: AGP FOR HOME Counsel for the Respondent Nos.6 to 8 : - The Court made the following ORDER I I ! I THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITIO N No.3484 OF 2o25 ORDER: Heard Learned Counsel appearing lor the petitioner, learned Assistant Government Pleader for Home appearing for the offrcial respondents and per-used the entire materia-l on record and in view of the nature of relief sought for in this writ petition, issualce of notices to respondent Nos'6 to 8 are dispensed with.

2. The petitioner is the owner and possessor of Plot No.177, admeasuring 5O2 square yards in the gated communit5r "The Legend Chime Echo" situated in Sy.Nos.211.,2lllA, AA, E, EE, U, UU, RU, RUU,2l2lA' AA, tr, EE, U, UU, RU, 2l3lA, AA, E, EE, U, UU, RU; L92lA to EE, 186/U, 187 lU, lg} lU, l9l llJ, 792 /IJ, 199, 199 I A and AA, 2OO, 20 I, 2O2, 2O4, 2O4 I A and AA, 2OS I A and AA, 206, 2O6lP, 206lA, AA, E, trE, U, UU, 208, 2O8lA, 2O9 and 21O of Kokapet Village, Rajendranagar Mandal, Ranga \ 2 sL,J W.P.No.3,i 84 of 2025 Reddy Distr.Lct. It is further stated that there is e:<isting 40, width road on the western side of Villa of the petitioner to ha.le ingres;s; and egress to her plot. It is further stated that the unofficial respondent Nos.6 to 8, without having aly right or entitlement, are making constructions by encroaching the road, which is the only sourcr: to have ingress and egress to the petitioner,s plot. It is further stated th:rt the petitioner also lodged a complairLt against respondent Nos.6 to B before respondent No.5 on

31.01.2025. The grievance of the petitioner is Lhat after receiving 1i::e complaint, respondent No.5, instead of conducting e,nquiry on the complaint, has registered a case against the petitioner ald forcing her to ente r into a settlemenl- vrith respondent Nos.6 to 8 as per the terms dictated by him. 3, Learned Assistant Government pleader frtr Home appearing for the respondents-police, on instructions, 3 SK,J W.P.No.3484 of 2025 would submit that the petitioner made a complaint on 31.Ot.2O25 by Registered Post to the respondent No'5- SHO, Narsingi PS, Cyberabad Commissionerate ald the same was entered uz'de Ac.No.CYB/NRSG-CYBlO4O225/ 00338, dated 04.02.2025 atd enquiry is pending' The same was at the stage of investigation and the respondents- Police are not interfering with the civil dispute between the petitioner and the unoffrcia,l respondent Nso'6 to 8' In view of the above submissions and since it is 4. stated that the petitioner has lodged a complaint, dated 31.01.2025, this Court deems it appropriate to dispose of this writ petition directing respondent authorities to examine the said complaint if the same discloses any cognizable offence and take appropriate action, strictly in compliance with the guidelines issued by the Apex Court in Latita Kumarl a. State of Uttdr Pradeshl ' It is made clear that if the petitioner's easementar5r rights are being I (2014) 2 SCC 1 I , 4 SK,J W.P.No.3184 of 2025 affected, they are at liberty to approach the competent civil Court to lesolve the disputes. Except foilo.,.uing the proaedure, the respondent authorities are direct,=d not to interfere with the peaceful possession and enjoym,ent of the petitioner over the subject propert5r.

5. With the above observations, this Writ petition is disposed of. There shall be no order as to costs. 6 As il s'equel, the miscellaneous petitions pending, if any, shall stzrnd closed. //TRUE COPY// SD/- N. SRIHARI A,TIqTANT REGISTRAR J SECTION OFFICER To

1. The Principal Secretary, Department of Home, Secretariat' State of Telangana at HYderabad.

2.TheC-ommis:sicnerofPolice,CyberabadPoliceCommissionerate'Gachi Bowli, CYberilbad.

3. The Deputy Commissioner of Police, Rajendranagar at Rajend rangar' 4 5 o Hyderabad The Assistant Commissioner of Police' Narsingi at Narsingi' The Station tlouse Officer, Narsingi Police Station, Cyberabad' Two CCs to r3P FOR HOME, High Court for the State of Telangana at Hyderabad. [OUT] Z. One CC to SRI ABDUL KABEER, Advocate [OPUC] 8. Two CD Copies SA HIGH COURT DATED:1010212025 ORDER WP.No.3484 of 2025 1HE Srfa ri4: ) 2 t rtij 2[25 z o -t Dr SD 1i Crr,,t) DISPOSING OF THE W.P WITHOUT COSTS. \\ I i