✦ High Court of India · 18 Mar 2025

The High Court · 2025

Case Details High Court of India · 18 Mar 2025
Court
High Court of India
Decided
18 Mar 2025
Bench
Not available
Length
1,117 words

7. Prathapu_ram Rama, W/o Srinivasa Chary, Aged about 43 years, Occ. Housewife, Rt/o Khammam

8. 9gqp" Rukmini,Wo Shyama Chary, Aged about24 years, Occ. Housewife, Ryo Venkatapur, Near Alwar, Hyderdbaci-

9. Kalakota Sugula, Wo Late Shatagopa Chary, Aged about 74 years, Occ. Houswife, Ri/o Station Ghanpur, Warangal Dihrict 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 ...RESPONOENTS 2 3 4 7 pleased to issue a writ or direction more particurarry one in the nature of writ of Mandamus decraring the action of the 2nd Respondent herein in cafling the petitioners to the police station at the behest of the unofficial respondents i.e., Respondents 3 to 9 and interfering with the possession of the property of the petitioners agricurturar rand in survey number 644rBt1 , totar admeasuring Ac.0.1- 07 Guntas situated at Ghanpur station, warangar District and forcing the Petitioners herein to setfle the dispute or erse to face the dire consequences, as being illegal, arbitrary, unjust and violative of Article 300-4 of the constitution of lndia and consequenfly direct the 2nd Respondent herein not to interfere with the civil disputes between the petitioners herein and Respondents 3 to g herein in any manner. lA NO: 1 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 2nd Respondent herein not to interfere with the civir disputes between the petitioners herein and Respondents 3 to g herein, with respect to the agricultural land in survey number 644tBt1 , total admeasuring Ac. 01_07 Guntas, situated at Ghanpur Station, warangar District, in any manner, pending disposar of the above writ petition Counsel for the Petitioner : SRt ASHOK REDDY KANATHALA Counsel forthe Respondents No.1&2 : Gp FOR HOME Counsel for the Respondents No.3tog : -- The Court made the following: ORDER THE HON'BLE SRI JUSTICE T. VINOD KUMAR Writ Petition No. 8104 of 2025 ORDER Heard learned counsel for the petitioners, learned Government Pleader for Home appearing for respondent Nos.l and 2 and with the consent of the learned counsel appearing for the parties, the Writ petition is taken up for hearing and disposal at the admission stage.

2. Having regard to the manner of disposal of the Writ Petition at the admission stage and the nature of /s involved, this Court is of the view that notice to unofficial respondent Nos.3 to 9 is not necessary for adjudication oF the present Writ Petition.

3. The case oF the petitioners, in brief, is that respondent Nos.3 to 9 have filed a suit for declaration of title and injunction against the petitioners herein in respect of land admeasuring Ac. 1.07 guntas in Sy.No.644lB/1 situated at Station Ghanpur; Warangal District, while the petitioners have filed a suit for injunction against the aforesaid respondents and being successful therein, the unofficial respondents with the help of the 2nd respondent are seeking to interfere in civil disputes and are trying to dispossess the petitioners from the subject land, which action of the respondents it is contended is highly illegal, arbitrary and contrary to the decisions rendered by the competent Court of Civil jurisdiction. I,l I .bI 2

30. Per contra, learned Government Pleader for Home appearing on behalf of respondent Nos.1 and 2 submits that the 3'd respondent had approached the Commrssroner of Police, Warangal, and lodged a complaint stating that the petitioners herein are interfering with the land in Sy.No.644lB/1 and the aforesaid complaint was endorsed to the 2nd respondent for being looked into by causing enquiry.

4. Learned Government Pleader would further submit that on the aforesaid complaint being forwarded by the Commissioner of Police, Warangal, to the 2nd respondent authority, the authority had cal[ed the petitioners to cause enquiry into the complaint lodged by the 3'd respondent and after causing enquiry and taking note of various proceedings, the authority had submitted a report to the Commissioner of Police, Warangal, informing that the dispute is civil in nature.

5. Learned Government Pleader would further submit that except causing preliminary enquiry into the complaint as forwarded by the Commissioner of Police, Warangal, the authorities never interfered in the civil dispute, nor trred to dispossess the petitioners from the subject land.

6. The aforesaid submission made by the learned Government Pleader for Home appearing cn behalf of respondent Nos.1 and 2 is taken on record. , ) I I 3

7. In view of the above noted submission made by the learned Government Pleader appearing on behalf of respondent Nos.1 and 2 of having submitted enquiry report informing the Commissioner of Police, Warangal, that the dispute is civil ln nature, this Court is of the view that [he respondents-authorities are to be directed not interfere in the civil dispute existing between the petitioners and the unofficial respondent in relation to the subject land admeasuring Ac.1.07 guntas in Sy.No.644lB/1 situated at Station Ghanpur, Warangal District, except by following due process of law. B. Subject to above observation and direction, the Writ Petition is disposed of. No order as to costs.

9. Miscellaneous petitions, if any, pending in this writ petition shall-i stand closed. //TRUE COPY// sD/. K. SREE RAMA M THY DEPUTY REG TRAR I SECTION OFFICER To, . The Principal Secretary, Home Department Secretariat Buildings' State of If;5t?3ils; [r",r"#bdrf;"",, strtion Ghanpur potice station, Station Ghanpur, 3l"tou, H*::Ei{'si{x."rm%Y,s*I1lHtlt?s"{'i1",ft . Two CD CoPies.

1. 2 3 4 5 BSK w HIGH COURT DATED:1 810312025 I 1H',-- s i4r )R ( 6( 02 \ ). ORDER WP.No.8104 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ?{ €

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