High Court · 2025

B. Sripadam Ramesh, S/o. Devender, Aged 3? ye?rs, .Occ. agriculture, R/o. Sharrlshabad Village Nallabelly Mandal, Warangal District ...RESPONDENTS 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. arder or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 4th respondent Tahsildar issued the notice under Section 145(1) of Cr.P.C. vide Rc No. 8.159312024, dated 04t12t2024 by directing the both parties restrained from entering the agricultural lands in Sy No.74l3l2l1 to an extent of Ac.3.1682'l gts and Sy No. 7412/4 to an ------- ,/ ,/ extent of Ac.0.13 gts situated at Govindapur Viilage, Nailabeily Mandar, warangal District as per the requisition made by the Sth respondent police and the 4th respondent without conducting any enquiry issued the irppugned notice is _. as illegal, arbitrary and against the principles of natural justice and also violative of Articles 14, 19, 21 and 300-4 of Constitution of lndia by setting aside the said notice dated 0411212024 and consequenfly direqt- the respondents 2 to s to restrain the unofficial respondents no 6 to B from interfere into the-subject property in question in the interest of justice. lA NO:,1 OF 2025 Petition under Section 15i cpc praying that in lhe clrcumstanc€s stated in the affidavlt filed in support of the petitigp, the High cou( may be pleased tq susPEND th9 operarion of the impugned Notice vide Rc No. 8/593/2024, dated 0411212024 passed by the 4th respondent, pending disposat of the main writ petition. Counsgl for the Petitioner: SRI AJAY KUMAB MADISETTY Counsel for the Respondent No.1 to 4: AGp FOR BEVENUE Counsel fo( the Respondent No.S: AGp FOR HOME The Court made the following: ORDER l ____------- HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.8O72 of 2O25 ORDER: This Writ Petition is filed under Article 226 of tl-e Constitution of India seeking the following reliet "...pleased to issue a Writ order or Direction rnore particularly one in the nature of Writ of Mandamus, declaring the action of rcspondent No.4- Tahsildar issued the notice under Section 145(1) of Cr.P.C vide Rc.No. B/593/2024, dated O4/12/2024 by directing the both parlies restrained from entering tJle agricultural lands in Sy. No.74/3/217 to an extcrt of Acs.3.16821 gts., and Sy. No. 74 /2/4 to an extent of Ac.0.13 gts., situated at Govindapur Vi11age, Nallabeily Mandal, Warangal District as per the requisition made by Sth respondent police and the 4th respondent without conducting any enquiry issued the impugned notice is as illegal, arbitrary and against the principles of natural justice arrd also vioiative of Articles 14, 19, 21 and 300-A of Constitution of India by setting aside the said noticc dated O4ll2/2O24 and consequently direct the respondents 2 to 5 to restrain the unoilicial respondent Nos.6 to 8 from interfere into the subject property in question in the interest ofjustice and to pass..."

2. Considered the submissions of the learned counsel for the respective parties.

3. It is stated that the petitioner is the owner and possessor of the agricultural land to an extent of Acs.O. 13 guntas ln Sy.No.7al3/4 and Ac.O.16 guntas 1n l --.e: I Sy.No.74/3/2/L totalling arr extent of Acs.3.29 guntas situated at Govindapur Village, Nallabelly Mandal, Warangal District. It is stated that as there are disputes over the subject propert5r, the petitioner instituted a suit rzde O.S.No"246 of 2024, on the file of the Principal Junior Civil Judge-cum-Judicial Magistrate of First Class at Narsampet. It is also stated that the said Court has granted interim injunction utde I.A.No.341 of 2024. Learned counsel for the petitioner contended that when once the matter is seized before the competent Civil Court, the police authorities are not having any power or authority to initiate action under Section 164 of t1le Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short, 'the Act, BNSS, 2023"). It is also contended that basing on the report submitted by respondent No.S-S.H.O., Nallabelly Police Station, respondent No.4-the Tahsildar, Nallabelly Mandal, has addressed a letter to respondent No.3- the R.D.O., Narsampet Division yrde Rc.No.B /593/2024, dated 04.L2.2O24 requesting to initiate action under the provisions of Section 164 of the Act, BNSS, 2023, and, the said notice is impugned in the instant writ petition. ---------7 \ t

4. Learned Assistant Government Pleader for respondent Nos. 1 to 4, submitted that acting on the report submitted by respondent No.4 uide dated 04.12.2024 and the Executive Engineer uide dated 12.17.2024, in view of existence of breach of peace, respondent No.4 requested respondent No.3 to initiate appropriate action against the petitioner. It is stated that since it is only a report being placed on the file of respondent No.3, no cause of action arises for the petitioner to question the said report by filing the writ petition and the same is not maintainable either in law or on facts.

5. Be that as it may, since the impugned report is sent to respondent No.3 to exercise the powers conferred under Section 164 of the Act, BNSS, 2023,.ends of justice would be met befcire initiating any action by respondent No.3 to issue notice to the petitioner and others as per the provisions of the Act, BNSS, 2023 and call for explanation or written statement from the concerned parties arrd consider the documents enclosed in support of the written statement and pass appropriate orders, strictly in l .trr-I\ *.,1 I\ accordarce with Section 164 of the Act, BNSS, 2023 atd communicate the decision there on to the petitioner.

6. With the above observations, the writ petition is disposed of, No costs. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. To, //TRUE COPY// SD/-P. PADMANABHA REDDY EPUTY REGISTRAR I;ECTION OFFICER I

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

2. The District Collector, Warangal District, Warangal 3. The .Revenue Divisional Officer, Narsampet Division, Narsampet, Warangal Djstric!

4. The Tahsildar, Nallabelly Mandal, Warangat Districl 5. fhe Slation House Officer, Nallabelly Police Station, Nallabelly Warangal District

6. qne CC to $Rl AJAY KUMAR MADISETTY, Advoqate TOPUCI 7 Tyo GCs to GP FOR REVENUE, High Court for the State of Telangana a! fifderalad tOUTI 8 fwg QQs to, ql, FOR HOME, High Court for the State of Tetangana at Hydelabad [OUT]

9. Two CD Copies BSR BS M. I HIGH COURT DATED:1810312025 ORDER WP.No.8072 of 2025 Yo {he s14 .j '16 APd zffi \/x f. f i t) NATc nEo DISPOSING OF THE WRIT PETITION, WITHOUT COSTS (