✦ High Court of India · 03 Sep 2025

The High Court · 2025

Case Details High Court of India · 03 Sep 2025
Court
High Court of India
Decided
03 Sep 2025
Bench
Not available
Length
1,081 words

2. P. Naresh Kumar, Son of P, Venakteshwara Rao, Occupation: Business, 3. K. lndrani, Wife of K. Purnachandra Rao, Occupation: Service, Resident of Flat 4. R. Usha Rani, Wife of R. Suresh, Occupation: Service, Resident of H.No.325, SRT, Sanathnagar, Hyderabad. - 500 018. 5. T. Bhanusri Wife of T. Kalyana. Chakravarthy, Occupation: House wife, Resident of Flat No.G2, Sai Suhaas Residency, House No.8-3-833121, Kamalapuri Colony, Srinagar Colony, Panjagutta, Hyderabad - 500 082. (Petitioners Nos.2 to 5 herein are represented by their General Power of Attorney Holder M/s. Phoenix Infrastructure Private Limited i.e., Petitioner No.1 herein) AND ...PETITIONERS 1

3. 4 5 t) 7 a The State of Telangana, Represented by its Principal, Secretary, Home Department Secretariat Building, Hyderabad The Sub lnspector of Police (L&O), Miyapur Police Station, Cyberabad, Miyapur lrlain Road, Vishveshvaraiah Colony, Near Bajaj Electronics, Tiwari Nagar, Miyapur, Hyderabad, Telangana 500 050. The lnspector of Police, Miyapur Police Station, Cyberabad Miyapur Main Road, Vishveshvaraiah Colony, Near Bajaj Electronics, Tiwari Nagar, Miyapur, Hyderabad, Telangana 500050 [email protected], The Inspector of Police, Ramachandrapuram (RC Puram) Police Station, Cyberabad Near BHEL Main Gate and beside the Lingampally Bus Stand . [email protected] The Assistant Commissioner of Police,Miyapur Police Station,, Cyberabad Miyapur Main Road, Vishveshvaraiah Colony, Near Bajaj Electronics, Tiwari Nagar, Miyapur, Hyderabad, Telangana 500050 [email protected] police.gov.in The Deputy Commissioner of Police, Miyapur Police Station,, Cyberabad Miyapur Main Road, Vishveshvaraiah Colony, Near Bajaj Electronics, Tiwari Nagar, Miyapur, Hyderabad, Telangana 500050 [email protected]. gov. in Vemula Krishna Kishore, Son of Vemula Janardhan,, Occupation Business, Resident of H No: 16-2-740114, Kalyan Nagar, Opposite E- Seva, Dilsukhnagar, Saroornagar, Hyderabad. Nomula Sushen Kumar, Son of Damodar, Occupation: Private Employee Resident of H. No: 11-20-39187, HUDA Complex, LB Nagar, Saroornagar, Hyderabad Represented by his GPA holder M. Nagaraju Son of Veeraiah, aged about 33 years, Occupation: Business, Resident of H.No.10-'1-1 198, Pipe Line Road, Fathenagar, Hyderabad - 500 018 ...RES'ONDENTS 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, more particularly one in the nature of Writ of Mandamus to direct the Respondent Nos. 2 to 6 to act according to law and not to interfere with the construction activity of the 1st Petitioner in the Project being developed on the land in survey nos. 86, 87 and BB of Hafeezpet Village, Serilingampally Mandal, Ranga Reddy District pursuant to a registered Development Agreement by taking away the Petitioners construction machinery, without stating any reasons, in the garb of investigation in crime no. 329 of 2017 registered against the Petitioner, having apparently assumed the powers of surveyor and the powers of a civil court (as can be noted from the contents of aforementioned Notice no. 329lCrlMylCybl2017) at the behest of the Respondent Nos. 7 and B, and consequently directing the Respondent Nos. 'l to 6 to refrain from venturing into the construction site of the Petitioner and/or taking away its construction machinery. l.A. NO: 1 OF 2017(WPMP. NO: 20477 OF 20171 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 Respondents 2 to 6 not to interfere in any manner whatsoever with the construction activities of the Writ Petitioners in Survey Nos. 87 and BB, as per the Building Permit No.53064/HOA/VZCI-1212016 dated February 9, 2017 sanctioned by the GHMC which is not part of any case and no injunction orders restraining the Petitioners from carrying out the construction work in Survey Nos. 87 and BB have been issued, pending disposal of the main writ petition. Counsel for the Petitioners: SRl. VEDULA SRINIVAS Counsel for the Respondent Nol to 6: MR G. ANIKETH REDDY, AGP FOR Counsel forthe Respondent No. 7 & 8: -- The Court made the following: ORDER HOME (TG} THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.16696 OF 2017 ORDER: This Writ Petition is filed under Article 226 of Constitutlon of lndia seeking the following relief: "...1o issue a Writ, order or direction, more pafticularly one in the nature of Writ of Mandamus to direct the Respondent Nos. 2 to 6 to act according to law and not to interfere with the construction activw of the 1st Petitioner in the Project being developed on the land in survey nos. 8O 87 and 88 of Hafeezpet Village, Serilingampally Mandal, Ranga Reddy District pursuant to a registered Development Agreement by taking away the Petitioners construction machinery, without stating any reasons, in the garb of investigation in crime no. 329 of 2017 registered against the Petitioner, having apparently assumed the powers of surveyor and the powers of a civil couft (as can be noted from the contents of aforementioned Notice no. 329/Cr/My/Cyb/2017) at the behest of the Respondent Nos- Z and 8, and consequently directing the Respondent Nos. 1 lo 6 to refrain from venturing into the construction site of the Petitioner and/or taking away its con struction n achinery..... " I

2. Heard Mr. Vedula Srinivas, learned counsel for the petitioners and lVr,G.Aniketh Reddy, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 6

3. Learned counsel for the petitioners submits that the cause in this Writ petition does not survive for adjudication and seeks to dismiss this Writ Petition as infructuous.

4. Learned Assistant Government Pleader takes no objection to the same. 2

5. Recording the submissions of both the learned counsel, this Writ Petition is dismissed as infructuous. There shall be no order as to costs lVliscellaneous Petitions, pending if any, shall stand closed. SD/. S.MALLIKARJUNA RAO ASSISTANT REGISTRAR //TRUE COPYi/ SECTION OFFICER To,

1. One CC to SRI VEDULA SRINIVAS, Advocate [OPUC] 2. Two CCs to AGP FOR HOME (TG), High Court forthe State of Telangana. 3. Two CD Copies tOUI MMT TKS P,.4f^ HIGH COURT DATED:0310912025 ORDER WP.No.16696 of 2017 HE1 Q T4 Y \ e' 2 4 JAn 202[ z o ;t DISMISSING THE WRIT PETITION AS INFRUCTUOURS WITHOUT COSTS Ptqt, ffilh+-{

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