The High Court · 2025

The State of Telangana, rep. by its Principal Secretary, Home Department, Secretanat. Hyderabad. The Drrector General of Police, State of Telangana, 0/o. DGP, Saifabad, Lakdr ka.pool. Hyderabad. The Commissioner of Police, Cyberabad, Gatchibowli, Hyderabad. The Station House Officer, Kukatpally Police Station, Hyderabad. Sri Purushotham Yadav, s/o. not known to the petitioner, lnspector of Police, Kukatpally Police Station. Hyderabad. Mr. Jaswanth Rao Desalu, s/o Sri Narayana, aged about 52 years, Occ business, R/o. H. No.2-22-4i5, Besides Shikaradhri Towers. Vivekananda Nagar Colony. Kukatpally ..,RESPONDENTS Petition under Article 226 of Ihe 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 natu re of Writ of Mandamus declaring the actions of the respondents No,4 and 5 in interfering with the development activity of the petitioners, at the instance of respondent No.6, in spite of injunction orders dt.02-06-2016 passed by the competent civil court in 1.A.No.326/2016 in OS No.841/2016, and calling the t l petitioners to the police station without following due, threatening the petitioners, as illegal, arbitrary, unauthor i rights of the petitioners enshrined under articles, 14 and 2'. lndia and direct the respondents No.4 and 5 not to call police station without due process of law, in the interest of j process of law and ed and infringing the of the Constitution of the petitioners to the l.A. NO: 2 OF 2016(WPtttlP. NO: 24346 OF 20161 Petition under Section '151 CPC praying that in the : rcumstances stated in the affidavit filed in support of the petition, the High CoL t may be pleased to direct the respondents No.4 to 6 not to interfere with the possession and enjoyment of the petitioners over the land to an extent <f 1463 Sq.Yds (1210 Sq.yds from plaintiff No.1 and 253 Sq.Yds from plaintiff Nc. :) with M/s. Sai Lahari Constructions. The subject land is situated in Sy.No. 110 A, Kukatpally Village, under GHMC Kukatplly circle, Balanagar Mandal Ranga eddy District, in the interest of justice l.A. NO: I OF 2016ruV\rMP. NO: 2 527 0F 20161 Between Mr. Jaswanth Rao Desalu, s/o Sri Narayana, age<l about 52 years, Occ business, R/o.H.No.2-22-415, Besides Shikaradhri lowers. Vivekananda Nagar Colony, Kukatpally ....PETlTlONE:l l/RESPONDENT No.6

1. Smt. G.Vijaya Lakshmi. w/o G Padma Rao Aged 51 Rl/o House No. 3-6-13. Plot No. 272. Viveke r Kukatpally Village, Balanagar Mandal Rangareddy I 2. Smt. Ch.Sushma, Wo Ch Krishna Chaitany,Occ I No. 1-7-715,Shanthi Nagar Adalat.Hanumakonda,V\ years Occ Housewife, anda Nagar Colony, istrict. louse wife, R/o House :rangal Dist-506001 Petitioners are represented by the General Power of ,\ Lahari Constructions. a regtstered partnership firm Hir 269, Dhanalakshmi Cenrer KPHB Cotony. Krr Represented by its Managing Partner, Itrlr.L.Sravan Kun torney Holder M/s Sai ing its office at EWS- atpally, Hyderabad, ...RESPONDENT{ /WRIT PETITIONERS

3. The State of Telangana, rep. by its Principal Secrel. Secretariat, Hyderabad.

4. The Director General of Police, State of Telangar i Lakdi-ka-pool, Hyderabad

5. The Commissioner of Police, Cyberabad, Gatchibo'^ 6. The Station House Officer. Kukatpally Police Statio I 7. Sri Purushotham Yadav. s/o not known to the p Police, Kukatpally Police Station Hyderabad ry, Home Department, , 0/o DGP, Saifabad, i, Hyderabad. Hyderabad. )titioner, Inspector of ...RESPONDENTS 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 vacate the interim order dated 21.06.2016 passed in WP No. 19825 of 2016by dismissing the above W.P. Counsel for the Petitioner: SRl. O GNANESWARA NAIDU REP SRI CHETLURU SREENIVAS Counsel for the Respondent Nos.lto4: SRI R. LAXMIKANTH REDDY, AGP FOR HOME Gounsel for the Respondent Nos.5&6:- The Court made the following: ORDER ! t l i I I l .i I THE HONOURABLE SRIJUSTICE N.']] ]KARAMJI WRIT PETITION No.19825 OF 2 116 ORDER: This Vrit Petition is filed under Article 225 of Constitution of India seeking the following reliefls:- "... to issue a writ order or direction more panicuir nature of \U0'rit of lvlandamus declaring the a: respondent Nos.4 and 5 in interfering with the acdvirf of the petitionec, at the instance of resporr, spite of injunction oriden dt.02-06-201.6 pa; competeff civil court in LANo.326l2016 in OS I' and calling the petitionen to the police station witiL, due process of law and threatening the petitione arbitrary, unauthorized and infringing the r[ petitioners enshrined under articles i4 and Constitution of India and direct the respondents i\L to call tle petitioners to the police station withotr of law, in the interest of justice and pass... ." ly one in the ions of the levelopment .ent No.5, in ed by the o.841/2016, ut following s, as illegal :rts of the 2l of the .4 and 5 not due process

2. None appeared on behalf of the petitionen.

3. I have hearrd Mr.D.Gnaneswara Naidu, lear red counsel for the petitioners, lvlr.Rlaxmikanth Reddy, ie z rned fusistant Govemment Pleader for Home appearing for r,: pondent Nos.1 to 5 and leamed counsel for the respondent No.6. I I I i I : 1 I : ;l 2 4 Leamed counsel for the petitioners submits that, upon consideration of the pleadings, this Coun, by onder dated

27.O6.2}l6,was pleased to grant an interim direction restraining the i respondents from interfering with the petitioners'possession of the subject propert/, except in accordance with law. It is further prayed that the said interim direction be made absolute and that the writ petition be disposed of accordingly.

5. kamed fusistant Government Pleader for Ftrome has not raised anyspecific objection to the said request. 6 kamed counsel for respondent No. 6 contends that making the interim direction absolute would seriously prejudice the rights and interests of respondent No. 6. It is submitted that, pu$uant to dtre investigation by the police, a charge sheet has aleady been filed, and the matrer has been taken on file as Glendar Case No. 792 of 2016, presently pending before the leamed VIII Additional Utretropolitan ivlagistrate, Cyberabad. In these circumstances, it is urged to pass such orden as would adequately safeguard'thef J interests of the respondents while balancing rl e rights of the petitioners.

7. I have perused the materials on record.

8. The specific grievance of the petitionen ii thar respondent No.4, the Station Ftrouse Officer, Kukatpally Po ice Station, and respondent No.5, the Inspector of Police, are inrr rfering with the developmental activities being undertaken by t:r : petitionen in respect of the propertyin question. 9 F{rr*g regard to the submissions, tht Cr urt, by way of interim order, directed the respondents nor ro ir .erfere with the petitioners' possession of the propeffy, excepr in .ccordance with law.

10. It is further noted that the Glendar C-ase .r u instiruted on the basis of a complaint lodged by the son of r: rpondent No.6, conceming an incident dated 23.05.2016. Hov ever, the said complaint does not relate to or encompass the all: ;ed interference of the respondeffs with the petitioners' properry. I r that view, the .. I I ! I I interim order earlier glantecl br- this Court effectively addresses a situation that falls bepnd the scope of the pending Glendar Case. Corseqirently, it is clear that neither the respondent-police nor respondent No.6, in the absence of any lawful right, tide, or interest, are entided to interfere with the petitionen'property.

11. Therefore, while safeguanling the petitionen' righs and making it clear that the respondents are prohibited from interference except strictly in accordance with law, this Court finds it appropriate to male the interim direction absolute in orrder to adequatelyre&ess the grievance of the petitioners.

12. Accordingly, this writ petition is disposed of. No costs. Miscellaneous Petitions, pending if any, shall stand closed. -SD/-C. DEEPIKA ISTANT REGISTRAR A //TRUE COPY// ECTION OFFICER To, Lakdi-ka-pool, Hyderabad. '1. The Principal S^ecretary, Home Department, Secretariat, T.S.,Hyderabad. 2. The Director General of Police. State of Telangana, O/o. DGp, Saifabad, 3. The Commissioner of Police, Cyberabad, Gatchibowli, Hyderabad. 4. The Station House Officer, Kukatpatty Potice Station, Hyderabad. 5. One CC to SRl. CHETLURU SREENIVAS, Advocate IOPUCI -State 6. Two CCs to GP FOR HOI\4E ,High Court for the 7. Two CD Copies Hyderabad [OUT] bf Telangana at BM BS I HIGH COURT DATED:1210812025 i ' ..'.,.:. ':, ,'! .1$ r r). t, Zil25 ORDER WP.No.19825 of 2016 _ ,,,, ., . , . .:--. ". ',' '.---. DISPOSING OF THE WRIT PETITION WTHOUT COSTS