✦ High Court of India · 10 Mar 2025

High Court · 2025

Case Details High Court of India · 10 Mar 2025
Court
High Court of India
Decided
10 Mar 2025
Bench
Not available
Length
1,028 words

Acts & Sections

gJsiness, R/o. Flat No-304, Sri Sai Sadan Afartments, Brundavanam Colony, Hyder nagar, Kukatpally, Hyderabad. .....RESPONDENTS Petition Under Article 226 o1 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 Directing Respondent No.3 not to interfere in the civil dispute pertaining to total property Plot No.189, admeasuring 350'0 Sq' Yards or its equivalent lo 292.6 Sq.Mtrs., in Survey Nos.260/9, 26011, 26515,25712, 25716' 251t4, 25412, 262t5, 260t2, 26112, 26213, 265t8, 257t4, 26016, 261, 26217 ' 26017, 25713 and 261/7, situated at Bowrampet Village, Dundigal-Gandimaisamma Mandal, under Dundigal Municipality, Medchal Malkajgiri District, and Plot No.179, admeasuring 300.0 Sq. Yards or its equivalent to 250 8 Sq Mtrs'' in Survey Nos. 260t9 260t1 ,265t5,25712,251t6,25114,254t2, 262,/5, 260t2, 261t2, 26213, 265/8, 2s7t4 260/6, 261 , 262t7,260t7, 257t3 and 2ti1t7, Situated at Bowrampet Village. Dundigal_Gandimaisamma Mandal, Lrnder Dundigal Municipality, Medchar Markajgiri District, Tlung.n" state 1i:rangana state, unless following the due process of law. l.A.NO:1 oF 2025 Petition Under {iection 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 Respondent rro.3 to stay a, further proceedings in FrR NIo 1BB of 2025, against the petitioner pending disposal of the writ petition. Counsel for the petitioner : M/s JMS LAW FIRM ADVOCATES AND ASSOCIATES Counsel for the Resgrondent Nos..t to 3 : Gp FOR HOME Counsel for the Resp,ondent No.4 : -_ The Court at the stage of admission made the following ORDER THE HON'BLE SRI JUSTICE T. VINOD KUMAR W.P.No.71 43 of 2o.25 ORDER: Heard learned counsel for the petitioner, learned Government Pleader for Home appearing for respondent Nos. 1 to 3, 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. Having regard to the nature of lis involved in the Writ Petition and the manner of disposal, this Court is of the view that notice to unofficial respondent No.4 is not necessarv for adjudication of the present Writ petition.

3. Shorn of unnecessary details, the case of the petitioner, in brief, is that he is the absolute owner of plots bearing Nos.1g9 and 179, admeasuring 350 sq. yards and 30O sq. yards, respectively, both forming part of Sy.Nos.251l4 , 254/2, 257 12, 2ST /3, 2ST 14, 2s7 /6, 260l 1, 260 /2, 260/6, 26017, 260/s, 26t, 261 12, 26t17, 26213, 26215, 26217, 265/5 & 26518 situated at Bowrampet Village, Dundigal-Gandimaisamma Mandal, Dundigal Municipaliry, Medchal-Malkajgiri District, having purchased the same under separate registered sale deeds bearing No.2g2ZO/2024 and --:-< r I 2827112024, ctt. 11.1 I.2024, and since then, is in posses:;ion of the said plots.

4. It is the f urther case of the petitioner that on th': unofficial respondent seeking to interfere with his possessiorL over the subject plots, he had approached the competent Cotl:l- of Civil jurisdiction and filed a civil suit uide O.S.No.34 of 2025. and the said suit is pencling consideration.

5. It is also contended by the petitioner that notwr th,standing the pendencv of the aforesaid civil suit before the compt: -cnt Court of Civil jurisdir:tion, the unofficial respondent, with the lxrlp of the official responrients, in particular the 3'd respondent, is seeking to interfere with his possession over the subject plots, by involving himself in civil dispute, which action it is contended as highly illegal and arbr trary.

6. Per contra., Iearned Government Pleader for Home a.ppearing for official resiondents submits that based on a complaint made by the 4ft respon,lent herein, a crime has been registered against the petitioner hert:i.a uide FIR.No.188 of 2025 ort 26.02.20').5 under Section 329(31,324(4\ rlw Section 3(5) of BNS; that .n order to cause investil3ation into the afore id crime registered, the authorities ha're issued notice un ection 94/179 ol the BNSS to the petitione-; and that except issuing the aforesaic notice for the purpose of investigation into the above crime registered, the authorities are not interfering with the civil disputes between the petitioner and the unofficiai respondent. 7 . I have taken note of the respective submissions made

8. Having regard to the submissions made as above, and since, a crime has been registered against the petitioner herein on the basis of the complaint lodged by the 4th respondent herein, and the respondents-authorities having issued notice to the petitioner under Section 941I79 of BNSS, this Court is of the view that the respondents-authorities are to be directed to conduct investigation into the aforesaid crime registered, strictly in accordance with law. I Subject to the above direction, the Writ Petition is disposed of. No order as to costs

10. Consequently, miscellaneous petitions, if any, pending in these writ petitions shallsrand closed. //TRUE COPYII SD/-MOHD.ISMAIL TANT REGISTRAR I SECTION OFFICER To at Hyderabad.

1. The. Principal Secretary, Home Department, Secietariat, State of Telangana 2, The Commissioner of police, Cyberabad District, Telangana. 3. The Station House Officer, Dundigal police station, Cyberabad 4. Two CCs to GP FOR HOME ,High Court for the State of Telangana at 5 one cc to M/s JMS LAW F|RM ADVOCATES AND ASSOCTATES, Advocate Commissionerate, Telangana. Hyderabad. [OUTj IoPUCI Two CD Copies SA GJP w l P c ()

4. iiiffiil r(,' k QA 19 ftAd Z0?5 (, r] ( 't \i. J04 rr-!.1 HIGH COURT DATED:1 010312025 ORDER WP.No.7143 of 2025 DISPOSING O THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. @ h \n

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