High Court · 2025

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 more particularly one in the nature of writ of Mandamus declaring the action of respondents no. 3 and 4 in conferring right and title with regard to petitioner lands to Sth respondent under guise of criminal lnvestigation into complaints made by Sth respondent against petitioner and others and closing complaints made by petitioner as civil in Nature without proper investigatio-n as iliegal, arbitrary and against to Criminal Law, i-e, BNSS, 2023as conferring right andlitte with regard to lands is only conferred on Civi'l Courts and further diiecl respondents no. 3ind 4 to reveal basis for determining right and title of 5th respondent under Criminal lnvestigation and also consequently not to deciare rlgirt and title with regard to lands belonging to petitioner in favor of Sth respondent being in violation of BNSS' 2023. Counsel for the Petitioner: SRI D.SIDDESH YADAV Counsel for the Respondent Nos.l TO 4: GP FOR HOME Counsel for the Respondent No'5: * The Court made the following: ORDER TH E HON'BLE SRT JUSTICE T, VINOD KI'MAR Writ Petitio n No.12O73 of 2025 ORDER: Hear d l. ; r ned counsel for the petitioner, learned Gor,ernment Pleader for l-.lo r (r appearing for respondent Nos.1 to 4, and arith the consent of :ho l3rrned counsel appearing for the parties, the wril petition is taken upr for I e a ring and disposal at the admission staqe.

2. Havinq r( c i rd to the manner of disposal of the Writ petitic n at the admission stage I rd the nature of /s involved, this Court is of the view that notice to urrofficial respondent No.5 is not necessan/ for adjL dication of the present \r'rr t petjtion.

3. Shor. rrf rirr recessary details, the case of the petitioner, in brief, is that the r€rspc n(irt.rts-authorities, in particular respondert Nos.3 and 4, while subrnittinq ; final report dt.12.10.2021 closing the (:omf,laint in connection with lr me No.604 of 2021, have conferred c,n to the nselves the power ot a,lj I I cating right and title of the petitioner in respec: of the subject lanC, ,vhrrt| oower the said authorities do not poss,:ss. 4' It is the F' rtrer case of the petitioner that based on the af lresaid final report f t,lk. )efore the concerned Magistrate, the relsporrdents_ authorities il'€r rrt3rfering rn the crvir dispute at the behest of :he 5h '-tw 2 respondent, which action of the authorities, it is contended as highly illegal and arbitrary.

5. Per contra, learned Government Pleader for Home appearing on behalf of respondent l,los.l to 4 would submit that if the petitioner is aggrieved by the final report filed by the respondents-authorities before the concerned Magistrate in Crime No.604 of 2021 dt.19.09.2021, he ought to have filed a protest petition at the relevant point of time and it is not open for him after a lapse of 31h yearc to claim and contend that by the said report, the respondents-authorities conferred on to themselves the power of adjudicating right and title in respect of a civil issue.

6. Learned Government Pleader would further submit that since, the authorities have already filed a final repoft in the abovementioned crime, the claim of the petitioner of the respondents involving in civil disputes at the behest of the 5h respondent is factually incorrect.

7. I have taken note of the respective contentions urged. B. Though the petitioner had clairned of respondent Nos.3 and 4 being denuded of the power to adjudicate right and title dispute, it is not shown to this Court as to why no act'ron has been taken by the petitioner on the final report dt.L2.l0.2OZl filed in connection with Crime No.604 of 2027 dt.19.09.2021, till this date, even though the petitioner had obtained a certified copy of the said final repoft on 11.04.2022. '+ -/ l 3 Further, if lhe unofficial respondent on the basis of the said final 9. report is 5gski6r; to interfere wlth the peaceful possessicn and er joyment of the petticn(lr over the subject land' the petitioner oLght to have ( ('mpetent Court of Civil Jurisdiction by filing a suit against approachecl th€r such interf(:ren(:(r by establishi ng his prima facie tltle anJ posses:';ion over the said lanrl l\drTittedly, no such action has been taken till crate'

10. On the other hand, the petitioner instead of ava ling the civil remedies by' filirrrl the present Writ Petition is seeking to give ; r criminal colour to what i, otherwise a civil dispute which in the light of the recent pronounc€mentr; of the Apex Court cannot be permitted

11. As iho lxlt rtioner claims to be the owner of various erxterts of land totally adrnea:'ur nq Acs 19'12 guntas situated in Moula Ali Villar';e' it is to be seen l.hat i1 the re is any interference' the petitio'-rer 'lugl't to have approached t I I competent Court oF Civil jurisdictlc'n sr:ekir g interim measure agai ri the persons interfering with hls pos:;essiln and cannot set in moliol irc criminal law to resolve such kind of ci'vil disput'ls'

72. Hcr\\/{)v l-, notwithstanding the fact that the petitioner di I not seek to avail : ur.h ( l'i il remedies and on the other hand' i:; no\v on y claiming that the ,tctic I ,)f respondent Nos.3 and 4 conferring cn to ther'tselves the power of 3Cj . (lr.-at ng right and trtle of the petitioner cver 1 he s ubject land and callirrq Lrll him to transfer the aforesaid land to the 5u' respondent \ f ( ( t j I 4 in the name of investigation, as it is stated by the learne{ Government Pleader appears on behalf of the rcspondenb, of the authorities having filed a final report into the case registered, uide CrimeNo.604 of 2021 dt'19'09'2021' this court is of the view that the respondents-authorities are to be directed not to interfere in civir dispute between the petitioner and the 5h respondent. However/ it is made clear that in the event of any complaint being lodged against the petitioner in relation to a criminal offence' the respondents-authorities are directed to take action stricry in accordance with law.

13. Subject to above direction, the Writ petition is disposed of. No order as to costs. t4 Miscellaneous petitions, if any, pending in this writ petition shall stand closed SD/.P. GH. NAGABHUSHAMBA . DEPUW REGISTRAR //TRUE COPY// To 1 . The Principal Secreta OFFICER ry, Home Department, Secretariat, H$erabad, State of SECTI 2 3 4 5 6 Telangana The Commissioner of potice rhe ci rcte I nspecror, Ma tkajsiri p s.. M;;h-J-i\,ili["'iliiibirtri"t. rhe Sub-tnsoector of poricd"Matkijgi,i F.s., rr,n?lii"t,-Eiiia'r*a;siri oist,ict 9n" 99 to sRt D.StDDESH'vADAV: Aa6&i;-rodu'ii'' rwo ccs ro Gp FoR Ho^/F Hish'aourt;;;iil"5tri"".+Tehngana, at Hyderabad- totJTt Two CD Copies .[1c!ak91da Commissionerate, Rachakinda. 7 PSK. LS w ''.*i I HIGH COURT DATED:2310412025 ORDER WP.No.120't3 of 2025 \ I - ': .j, q' srAI e' 7 2 a Ilf JUL m6 ,. .,,.''... ^. ,(, DISPOSING OF THE WRIT PETITION WTHOUT COSTS t0 .Cd #'6" I I