Ch Sudhakar Raju v. 1. The State of Telangana

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, particularly one in the nature of Writ of Mandamus, declaring the action of the respondents 2 to 6 in seeking to evict the petitioner from the possession of Plot bearing No.73 admeasuring 700 sq. yards situated in Old Sy.No.403/1 of Shaikpet village and New Sy.No.120 and 102111 ot Hakimpet, Ward No.8, Block No.2 consisting of room and 10 thatched huts at the instance of the 7th respondent as illegal, arbitrary and contrary to orders in lA.No.152 of 2016 in OS.No.281 of 2016 and consequently direct the respondents 2 to 6 not to take any steps for dispossession of the petitioner from the possession and enjoyment of the petitioner and his men in possession in respect of the aforesaid property. IA NO: 1 OF 2018 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 take any steps for dispossession of the petitioner from the possession and enjoyment of the petitioner and his men in respect of the aforesaid property, pending disposal of the above writ petition. lA NO: 2 OF 2018 Between: Jubilee Hills Cooperative House Building Society Ltd., Jubilee Hills, Rep. by its Secretary Hanumanth Rao. ...PETITIONERYRT AND

1. Ch Sudhakar No.5, Banjara Raju, Hills, Occ Business, r/o.Flat No.C3, Parkside Residency, Road Hyderabad.

2. The State of Telangana, Secretariat, Hyderabad. ... RESPONDENT/PETITIONER Rep. by its Principal Secretary, Home Department,

3. The Commissioner of Police, Hyderabad City, Basheerbagh, Hyderabad. 4. The Deputy Commissioner of Police, West zone, Hyderabad. 5. The Assistant Commissioner of Police, Banjara Hills Division, Baniara Hills, Hyderabad

6. The Station House Officer, Jubilee Hills Police Station, Jubilee Hills, Hyderabad.

7. The Sub lnspector of Police, Sector, Jubilee Hills Police Station, Jubilee Hills, Hyderabad. ...RESPONDENTS/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 26.02.2018 in lA No.1 of 2018 in WP No. 6512 of 2018. lA NO: 3 OF 2018 Between:

1. The State of Telangana, Rep. by its Principal Secretary, Home Department, Secretarait, Hyderabad.

2. The Commissioner of Police, Hyderabad City, Basheerbagh, Hyderabad. 3. The Deputy Commissioner of Police, West zone, Hyderabad. 4. The Assistant Commissioner of Police, Banjara Hills Division, Banjara Hills, Hyderabad.

5. The Station House Officer, Jubilee Hills Police Station, Jubilee Hills, Hyderabad.

6. The Sub lnspector of Police, Sector, Jubilee Hills Police Station, Jubilee Hills, Hyderabad. ...PETITIONER/RESPONDENT No. 1 to6 AND

1. Ch Sudhakar No.5, Banjara Raju, Hills, Occ: Business, r/o.Flat No.C3, Parkside Residency, Road Hyderabad. .. RESPONDENT/PETITIONER 2. Jubilee Hills Cooperative House Building Society Ltd., Jubilee Hills, Rep. by its Secretary Hanumanth Rao. .. RESPONDENT/RESPONDENTS Petition under Section 151 CPC praying that in the circumstances stated in , *.; th€ affidavit.filed in support of the petition, the High Court may be pleased to interim;;orders passed in lA No.1l2O18 in WP No.651212018 dated .! fo? the Petitioner : SRI A PRABHAKAR RAO Codnsel Counsel forthb Respondents No. 1 to 6: SRI D. PRADEEP, AGP FOR HOME . ,Counsel for,the'Respondents No.7 : SRI RAVI KUMAR PAMlDl, eP., SRI C.V.R.RUDRA PRASAD The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No. 6512 OF 2018 ORDER This Writ Petition is filed under Article 226 of the Constitution of lndia seeking the following relief: '... to r'ssue a writ, order or direction, pafticulady one in the nature of Writ of Mandamus, declaring the action of the respondents 2 to 6 in seeking to evict the petitioner from fhe possession of Plot bearing No. 73 admeasuring 700 sq. yards, situated in Old Sy. No. 403/1 of Shaikpet village and New Sy.No. 120 and 1021/1 of Hakimpet, Ward No. 8, Block No. 2 consisting of room and 10 thatched huts at the instance of the y'h responden[ as illegal, arbitrary and contrary to orders in tA No. 152 of 2016 rn OS No. 281 of 2016 and consequently direct tlrc respondents 2 to 6 not to take any sfeps for dispossession of the petitioner from the possession and enjoyment of the petitioner and his men in possession in respect of the aforesaid property and to pass such other order or orders..."

2. None appeared on behalf of the petitioner

3. I have heard Mr. D. Pradeep, learned Assistant Government Pleader for Home, appearing for respondent Nos. 1 to 6 and Mr. Ravi Kumar Pamidi, learned counsel, representing Mr. c.v.R. Rudra prasad, learned counsel for respondent No. 7.

4. The learned Assistant Government Pleader.for Home submits that \ the altegation that respondent Nos. 2 to 6 are attempting to evict the \ ) NTR, J W.P. l\to. 6512 of 2018 petitioner from possession of the plot at the instance of the unofficial respondent is baseless. He further submits that the contention that such action is contrary to the interim injunction order passed by the Civil Court in O.S. No. 281 of 2016 is unfounded. lt is also submitted that, if there was any interference by the police authorities, the proper remedy available to the petitioner was to approach the concerned Civil Court for appropriate directions, and that seeking such relief under Article 226 of the Constitution of lndia is not maintainable. Hence, he prays for dismissal of the writ petition.

5. Learned counsel for respondent No. 7 submits that the petitioner, as plaintiff, had filed O.S. No. 281 of 2016, and that an interlocutory application, l.A. No. 152 of 2016, was also filed therein, wherein, as per the petitioner, a temporary injunction in respect of the subject property had been granted. However, he points out that the suit itself was dismissed for default on 01.10.202'l , as reflected in the statement retrieved from the e-Courts portal. Consequently, the temporary injunction order no longer subsists. Hence, he submits that the petitioner's contentions have become infructuous, and prays for dismissal of the writ petition. 6 I have perused the material available on record. J NTR, J W.P. No. 6512 ot 2018

7. The petitioner's primary assertion is that the respondents/police authorities are making efforts to evict him from possession of Plot No. 73 in Survey No. 403/1 (old No. 120 and 1021121) of Shaikpet Village' Hakimpet. The petitioner has claimed possession based on an interim injunction previously granted by the Civil Court in O.S. No. 281 ot 2016. However, it has now been brought to the notice of this Court that the said suit has been dismissed for default, and consequently, the interim injunction granted therein has also lapsed.

8. Nevertheless, having regard to the petitioner's grievance that the respondents/police authorities are seeking to evict him from the subject property, and bearing in mind the limited scope of police intervention in civil disputes, it is directed that the respondent police authorities shall refrain from interfering in the petitioner's possession of the subject property, except in strict accordance with law and only upon adherence to due process.

9. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs To, \ Pending miscellaneous applications, if any, shatl stand closed. /ffRUE COPY// Sd/- A. JAYASREE ASSTSTANT R!€TSTRAR (9 SECTION OFFICER

1. The Principal Secretary, State of Telangana, Home Department, Secretariat, Hyderabad.

2. The Commissioner of Police, Hyderabad City, Basheerbagh, Hyderabad. 3. The Deputy Commissioner of Police, West zone, Hyderabad. 4. The Assistant Commissioner of Police, Banjara Hills Division, Banjara Hills, Hyderabad. t*

5. The Station House Officer, Jubilee Hills Police Station, Jubilee Hills, Hyderabad.

6. The Sub lnspector of Police, Sector, Jubilee Hills Police Station, Jubilee Hills, Hyderabad \

7. One CC to SRIA.PRABHAKAR RAO, Advocate. IOPUCI 8. Two CCs to GP for HOME, High Court for the State of Telangana at Hyderabad.IOUTI

9. One CC to SRI C.V.R.RUDRA PRASAD, Advocate. [OPUC] 10.Two CD Copies. BSKMP 0 I / d -!1' HIGH COURT DATED:1811112025 \ \ ORDER ,WP.No.651 2 of 2018 I ( \ :-r'.- r; ir., () 52 l|AR ,l |]26 * * ..DISPOSING OF THE WRIT PETITION 'I.WITNOUT COSTS