High Court · 2025
Case Details
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or Direction or an order which pa(icularly in the nature of WRIT OF MANDAMUS declaring the action of the Respondents No'4 in interfering with the civil dispute by calling the petitioner frequently to the 4th respondent police station and demanding to settle the House property which is purely civil in nature as the escalation of the market price in respect of old RCC House Bearing House 9-8-57, corresponding to its old No. 9-8-47, admeasuring 242 Sq.yards in Sy.No. 106'l situated at Ramnagar locality, Karimnagar city, Karimnagar district is illegal, arbitrary, and violation of the Fundamental Rights Guaranteed under the constitution of lndia and without iurisdiction and consequently direct the respondents not to interfere with the cit,'il disputes and personal liberty between the petitioner and respondents 5 and 6 ir1 respect of the a bove house propert)' lA NO: 1 OF 2025 Petition undrlr 'iection 151 CPC praying that in the circums:ances stated in the affidavit filed i'r s;upport of the petition, the High Court may be pleased to direct the respondents 2 to 4 nol to interfere with the civil disputes and personal liberty between the petitioner and respondents 5 and 6 in respe;ct of Old RCC House Bearing House 9-8-57, corresponding to its old No. 9-B-4,2, admeasuring 242 Sq.yards in Siy.No. '1061 situated at Ramnagar locality, Karimnagar city, Karimnagar district pending disposal of the main Writ Petition Counsel for the Petitioner: SRl. MIRZA RIZWAN ALIBAIG Counsel forthe Respondent Nos. 1to4: GP FOR HOME Counsel for the Respondent Nos. 5&6:- WP NO: 4509 OF 202s Between: Garepally Venu Kumar, S/o Garepalli Bhoomaiah Aged aboul.43 years, occ. Busiriesd R/o -l.No. 4-5-179, Arland Nagar Locality Kan.nnagar Town, Karimnagar district ,..pETrroNER AND
1. The State of -[elangana, Rep by its Principal Secretary, Home l)epartment Dr. B.R. Ambedkar Secretariat, Hyderabad.
2. The Commissioner of Police, Karimnagar City, Karimnagar 3- The Assistant Commissioner of Police, Karimnagar City,.Karim"ragar 4. The Station House officer, ll-Town P.S. Karimnagar, Karimnagerr city. 5. G. Radha Krishna, S/o Late G.Shankaraiah Aged 36 years, Occ. Business Rl/o H.No. 9-8-57, Ramnagar Locality of Karimnagar City
6. Gajarla Ravali, D/o Late G.Shankaraiah Aged about 34 years, occ. House wife F/o H.No. 9-8-57, Ramnagar Locality of Karimnagar City Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High ()ourt may be pleased to issue a Writ or Direction or an Order which particularly in the nature of WRIT OF MANDAMUS declaring the action of the Respondent No,4 in trying to ...RESPONDENTS arrest the petitioner on the false complaints of the respondents 5 and 6 for the registration of the OId RCC House Bearing House 9-8-57, corresponding to its old No..9-8-47, admeasuring 242 Sq.yards in Sy.No. 1061 situated at Ramnagar locality, Karimnagar city, Karimnagar district in favour of the petitioner by calling the petitioner frequently to the 4th respondent police station to settle the issue is illegal, arbitrary, and violation of the Fundamental Rights Guaranteed under the Constitution of lndia and without jurisdiction 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.4 not to arrest the petitioner in false cases if registered against the petitioner on the behest of respondents 5 and 6 in connection with registration of Old RCC House Bearing House 9-8-57, corresponding to its old No. 9-8-47, admeasuring 242 Sq.yards in Sy.No. 1061 situated at Ramnagar locality, Karimnagar city, Karimnagar in favour of petitioner pending disposal of the main Writ Petition 1A NO: 2 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 extend the interim order passed in lA No. 'l of 2025 in W.P No. 4509 of 2025 dated 07.02.2025 in the interest of justice Counsel for the Petitioner: SRl. MIRZA RIZWAN ALIBAIG Counsel for the Respondent Nos. 1to4: GP FOR HOME Counsel for the Respondent Nos.5&6:- The Court made the following: COMMON ORDER HON'BLE SRI JUSTICE T. VINOD KUMAFI \ /IIIT PETITION Nos.3988 and 4509 of 2025 COMMON OIIDIiR Since, tlre issue involved in both the Writ Pctitions is one and same, they ale being disposed of by this common orcler.
2. Heard l;,rrned counsel for petitioners and leamed ( iovemment Pleader for lIorne appearing on behalf of respondent Nos,1 to 4, and pelused the re:old. With the consent of the counsel appealing lor the respective parries, these Writ Petitions are taken up 1br l'earing and disposal at arlnrission stage.
3. Llavinl3 regard to the nature of ir-s involved and the rnanner of disposal of tho Writ Petitions at the admission stagc, this Cou{ is of the view the.t notice to unofficial rcspondents is not ne,:essary for adjudication o 'the Writ Petitions
4. Sholn ol unnecessary details, the case of the petiLio rer in both the Writ Petiticns is that the respondent authorities are inierlering in civil disputes arrd personal liberty of the petitioners at the b,.rhest of the unofficial respondents, which action of the respondent atLth,trities, it is contended as highly illegal, arbitrary and in violation of Arricle 14, 19 and 300-A of'tne Constitution ollndia { t I I l I I I ) ) 2
5. Per contra,leamed Govemment Pleader appearing on behalf of rcspondent Nos.1 to 4 submits that the respondent authorities are not interfering with the civil disputes or with the personal liberry of the petitioner as being claimed.
6. The aforesaid statement made by the le.arned Govemment Pleader appearing on behalf of respondent Nos.1 to 4 is taken on record.
7. Having regard to the submission made to this Court by the learned Government Pleader fbr Home that the respondent authorities are neither interfering in the civil disputes nor with the personal life and liberly of the petitioners, this Courl is of the view that the respondent authorities are to be directed to follow due process of law, if any complaint is received against the petitioners warranting initiation of action.
8. Subject to above observation and direction, these Writ Petitions are disposed of. No costs. 9. Consequently, miscellaneous petitions, if any pending shall stand closed //TRUE COPY// SD/.K.AMMAJI UTY REGISTRAR D ECTION OFFIC ER To, I I B M "L^qv' LSY T.S.,Hyderabad. 1 . The Principal Secretary, Home Department Dr' B'R' Ambedkar Secretariat' z. ine b6m-mislioner of Police, Karimnagar City, Karimnagar S. fne Assistant Commissionei of Police, Karimnagar City, Karimnagar 4. The Station House officer, .ll-Town P.S Karimnagar, Karimnagar clty' s. one bC io sRl. MIRZA rttzwRu ALIBAlG,Advocate [oP-uc] O. Two CCs to GP FOR HOME ,High Court for the State of Telangana at Hyderaoao 7. Two CD Cooies I I HIGH COURT DATED:1210312025 ',-.:1 r \:E i iA, '.=- C COMMON ORDER WP.Nos.3988 AND 4509 OF 2025 'r 0- l 0 I APt] 2025 . , '.i:- c EQ iiSr.,,r-.rr;H i-:- DISPOSING OF BOTH THE WRIT PETITIONS WITHOUT COSTS ,,t\p