High Court · 2025
Case Details
Acts & Sections
...RESPONDENTS Petition under Articre 226 0f the constitutron of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue an order, writ or order or Direction, particurarry one in nature of writ of rVlandamus, decraring the action of Respondents particurarry Respondent No. 2 and 3, in interfering with the civir disputes with respect to the petitioners rand admeasuring Ac. 2-05 Gts in Sy No- 322rBrAt1r1t2 and Ac. 2-09 in sy No. 322lC totally admeasuring Ac. 4-14 Gts situated at Ashwaraopally Village, Raghunathpally Mandal, Jangaon District on behest of the unofficial Respondent No. 4 despite the rnjunction order dated 24-11-2023 in favour of the petitioner herein against the Respondent No.4 in rA No. 985 of 2023 in os No. 73s of 2023 on the file of Learned principar Junior civir Judge at Jangaon as iflegar, arbitrary andinViolationofArticle2land300.AofConstitutionoflndiaandconsequently direct the Respondents particularly Respondent No 2 and 3' not to interfere with the civil dispute with respect to the Petitioners land admeasuring Ac 2-05 Gts in SyNo.322lB/At1l1l2andAc.2-oginSyNo.322lCtolallyadmeasuringAc.4-14 Gts situated at Ashwaraopally Village' Raghunathpally IVlandal' Jangaon District' IA NO: 't oF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the Respondents particularly Respondent No' 2 and 3' not to interfere with the civil disputeswithrespecttothePetitioner.slandadmeasuringAc.2.05GtSinSyNo. 322tBtN1t1t2 and Ac. 2-09 in sy No. 322lc totally admeasuring Ac 4-14 Gts situated at Ashwaraopally Village, Raghunathpally Mandal' Jangaon District' Counsel for the Petitioner: SRI SAINI ARAVIND Counsel forthe Respondent Nos'1 to 3: GP FOR HOME Counsel forthe Respondent No'4: SRI JOSHI AND CHILLARA LEGAL ASSOCATES LLP The Courl made the following: ORDER THE HON'BLE SRI JUSTICE T. VINOD KUMAR W.P.No.48to of 2025 ORD ER: Heard learned counsel for the pefitioner, learned Governmen[ pleader for Home appearing for respondent Nos.1 to 3, Sri Joshi & Chillara Legal Associates LLp appearing for respondent No.4, and with the consent of the learned counsel appearing for the respective parties, the Writ petition is taken up for hearing and disposal at admission stage.
2. Shorn of unnecessary details, the case of the petitioner, in brief, is that the respondents-authorities, in particular respondent Nos.2 & 3 are interfering with the civil disputes in relation to the petitioner's land admeasuring Acres 4. 14 guntas in survey Nos.322lB/A / 1/1/2 and 322/C siruated at Ashwaraopally Village, Raghunathpally Mandai, Jangaon District, at the behest of the unofficial respondent, despite the competent court of civil juriscliction having granted an injunction in favour o[ the petitioner uzde I.A.No.98s/2023 in os.No.735 /2023 on rhe file of rhe Principal Junior Civil Judge, Jangaon, which action of the respondents it is contended as highly illegal, arbitrary and in violation of Articles 2l & 3OOA of the Constitution of India. , l i i l I I I I i l I ! ; 2
3. Per contro, learned Government Pleader for Home appearing for respondenL Nos. 1 to 3 while denying the writ averments would submit that the petitioner herein has approached the respondents- authorities on 2l .O2.2O25 and lodged a complaint against the unofhcial respondent herein; that on receiving the aforesaid complaint, the authorities have made a GD entry and thereafter registered a case in Crime No.51 of 2025 on 24.02.2025; and that the authorities except registering the said crime on the basis of the complaint lodged by the petitioner herein, are not interfering in civil disputes, as claimed by the petitioner.
4. At this stage, learned counsel appearing on behalf of the 4th respondent would submit that the petitioner having sold away his land in favour of the 4fr respondent, has approached the respondents-authorities and lodged complaint against the 4e respondent herein, even he does not hold the said land having sold the same to third parties thereafter.
5. Learned counsei appearing for 4h respondent further submits that the petitioner instead of making the present owner of the property as party respondent, has hled the present Writ Petition by arraying the 4m respondent as party respondent herein and also approached the respondents-authorities making allegations against the said respondent. I I I l ! . 3 6 I have taken note of the respective submissions made.
7. While the petitioner claims of the unofficial respondent interfering in the civil disputes, since, it is now stated to this Court that on the petitioner approaching the respondents_authorities and lodging a complaint, dt.21.02.2025, the authorities having registered a case in Cr.No.51/2O25, dt.24.O2,.2O2S against the person arrayed as accused therein, this Court is of the view that respondents-authorities are to be directed to conduct investigation into the aforesaid crime registered and take necessary action, strictly in accordance with 1aw.
8. Insofar as the claim of the 4ft respondent of the petitioner having sold away his land to the said respondent, who in turn had further sold the said propert5r to third parties, and again approaching the respondents-authoritres by lodging complaint against the 4fr respondent herein, since the petitioner disputes the said claim of the 4h respondent, of he having sold away the land, the said dispute as to whether the petitioner is the owner of rand or not, cannot be adjudicated by the police authorities, inasmuch as the said authorities are not conferred with such powers or such adjudication does not come within the purview of ,Duties of police Officer' as set out-in Hyderabad City police Act, 134g Fasli or 4 Andhra Pradesh (Andhra Area) District Police Act, 1859 or the Andhra Pradesh (Telangaria Area) District Police Act, 1329 Fasli.
9. Further, if there are any civil dispute with regard to the subject land between the petitioner and the -4d, respondent or the vendee of the 4m respondent, the said drspute needs to be resolved only by approaching the competent Court of Civil jurisdiction and the police cannot interfere in such disputes, except when such disputes lead to law and order situation or affecting the peace and tranquility in the area.
10. Subject to the above observation and direction, the Writ Petition is disposed of. No order as to costs.
11. Consequently, miscellaleous petitions, if any, pending shall stand closed ,TRUE COPY// sD,. A. sRlNlvASA REDDY S ISTANT REGISTRAR SECTION OFFICER uilding, Hyderabad, 2 a
1. The PrinciPal Secretary Home DePartment, Secre riat b The State of Telang ana, T.S Assistant Commissioner of Police, GhanPur , Ghanp The Station House Officer, RaghunathPalli Police Station RaghunathPalli, Janoaon District, TS. 6n;cd to Sri Saini Aravind, Advocate toPuql i;; cc; t" citoi no.e, riign court foi the state of relangana' at Hvderabad [OUT] 6i,L"bc to sii Loihi and chiilara Legat Associates LLP, Advocate[oPuc] Two CD CoPies ur, Telangana
6. 7. 4 I I I I To, TJ GJP M HIGH COURT DATED:Ol 10512025 .:.::..1,.,-. ._ -,.r.,i .\.. ./, /-, \ 3 1 JUL 2025 * o.ir'.-Crt? ORDER WP.No.4810 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \ b 4 0 I l I I I I I I I I i ! I I I I I i i i t ! ! i I i