✦ High Court of India · 21 Mar 2025

High Court · 2025

Case Details High Court of India · 21 Mar 2025
Court
High Court of India
Decided
21 Mar 2025
Bench
Not available
Length
1,068 words

Smt. Vijay Bai, w/o. Shivnarayan Singh, Aged 64 years, Occ. Housewife. Sri. Anil Singh, s/o. Shivnarayan Singh, Aged 46 years, Occ. Employee Both Fi/o. H.No.12-1-47911, Asif Nagar, Jaganath Mandir, Seetharam bagh, Hyderabad AND

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

2. The Deputy Commissioner of Police, South West Zone, Hyderabad. 3. The Assistant Commissioner of Police, Goshamahal, Hyderabad. 4. The Station House Officer, Mangalhat Police Station, Hyderabad. 5. Smt. Annu Bai, w/o. Late. Sri. Rajender Singh, Aged 50 years, occ. Household, R/o.13-1-10, Jai Bhavani Kirana Store, Bhoiguda Kaman, Hyderabad.

6. Suresh singh, s/o. Srikishan, Aged 55 years, Occ. Business, 7. Mahesh singh, s/o. Srikishan, Aged 50 years, Occ. Business, Resp 6 and 7 are R/o. H.No. 12-'1-479lA,/1, Dattanagar, Seetarambagh, Hyderabad. ...RESPONDENTS Petition under Article 226 of lhe Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ order or direction more in the nature of writ of mandamus declaring the action of the respondents more particularly respondent no.4 and his subordinates in interfering in civil disputes pending between petitioners and unofficial respondent no.S in respect of vacant land which forms part of property bearing H.No. 12-1-479, situated at Datta Nagar, Seetarambagh, Hyderabad, which is subject matter of C.C.C.A.No.321 ot 2004 pending before this Hon'ble court and threatening the petitioners not to use the property and further to settle }:]: the matter with unofficial respondents and handover the possession of the property to the unofficial respondents failing which the respondent no.4 will implicate the petitioners in false criminal cases as illegal, arbitrary and contrary to law and consequenlly direct the respondent no.4 and his subordinates to restrain from interfering in civil disputes in respect of subject land and further not to threaten the petitioner to settle the mafter and handover possession of the property to the unofficial respondents lA NO: 1 OF 2025 Petition unde Section 151 CPC praying that in the circumstances stated in the affidavit filed in s;upport of the petition, the High Court may be pleased to direct the respondent no.4 and his subordinates to restrain frcm interfering in civil disputes in respect of vacant land which forms part of property bearing H.No. 12-1- 479, situated at Datta Nagar, Seetarambagh, Hyderabad, which is subject matter of C.C.C.A.No.321 tf 2004 pending before this Hon'ble court and further not to threaten the petitioner to settle the matter and handover possession of the property to the unofficial respondents, pending disposal of the above writ petition Counsel for the Petitioner: SRl. PRAMOD SINGH Counsel for the Respondent Nos.1 to 4: SRI G. ANTKETH REDDY AGP FOR HOME Counsel for the Respondent Nos.5 to 7; -- The Court made the following: ORDER THE HON,BLE SRI JUSTICE T. VINOD KUMAR W Peti nNo 55 20 ORDER: Heard learned counsel for the petitioners, Sri G'Aniketh Reddy' learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 4, 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 /ts involved, this Court is of the view thatnoticetounofficialrespondentNos.5toTisnotnecessaryfor adjudication of the present Writ Petition'

3. The case of the petitioners, in brief, is that the 4h respondent and his subordinates are interfering in civil disputes which the petitioners have with the 5th respondent in respect of the property, which is the subject matter of appeal before this Court in CCCA No'321 of 2004, which action of the respondents-authorities it is contended is highly illegal and arbitrary.

4. Per contra, learned Assistant Government Pleader for Home appearing on behalf of respondent Nos.1 to 4 submits that 2nd the petitioner herein had lodged a complaint with the respondents-authorities 2 ir. on 14.03.2025 and upon the 2d petitioner lorlging the aforesaid complaint' the 4th respondent authority has sought fbr permission from the 3'd respcndenu and that the 3'd respondent had ,ar:corded permission, on 15.03.20.15, to cause preliminary enquiry into.ther complaint made by the 2nd petitioner.

5. Learned Assistant Government pleader further submits that pursuant to the permission granted by the 3d respondent, the authorities have issued rrotice under section 911161 cr.p.c. to the 2nd pettioner on 17.03.2025 tc, come fonvard with relevant documents; and that the 2nd petitioner did not approach the authorities with rerevirnt documents and instead filed the present Writ petition. 6 Learned Assistant Government pleader fufther submits that if only the 2nd petitioner had approached the respondents_authorities along with the documents. the authorities would look into the comtllaint made by the 2nd petitioner. 7 Learned Assistant Government pleader further submits that except causing preliminary enquiry into the 2nd Petitirlner's complaint dt.74.03.2025, the respondents_authorities are not interfering in disputes that tnay exist between the petitioners ancl the unomcial respondents herein. 3 B. The submissions made by the learned Assistant Government PleaderappearingonbehalfofrespondentNos.lto4aretakenonrecord.

9. Having regard to the submissions made as above, and since the 2nd petitioner having made complaint to the 4s respondent on 14'03'2205' thisCourtisoftheVieWthattherespondents.authoritiesaretobe directed to take necessary action into the aforesaid complaint, strictly in accordance with law.

10. Subject to above direction, the Writ Petition is disposed of' No order as to costs.

11. Miscellaneous petitions, if any, pending in this writ petition shall stand closed I'TRUE COPY,, SD/-A. SRNNASA ASSISTAN REDDY T REG ISTRAR ECTION OFFICER Home Department' Secretanat, HYderabad South West Zone , HYderabad' Goshamahal' SSIO ner of Police' missioner of Police' Police Station ' Officer, Mangalhat RAMOD SINGH Advocate IOPUCI OR HOME 'Hish HYderabad HYderabad Co urt for the State of Telangana touTl To, 4

1. The PrinciPal Secretary' The DePutY Commi 2 The Assistant Com The Station House One CC to SRI P Two CCs to GP F . Two CD CoPies (k

5. 7 KKS LS HIGH COURT DATED:21 10312025 ORDER WP.No.8553 of 2025 lHE srA ' ( ,^ ( c 19 APB 2025

5. ,r,,\.t ^ - + '1. !F5pa1g1rLil.. \----_-r-z 7 .i,. u.-',1' /7 DISPOSING OF THE WRIT PETITION WITHOUT COSTS o h,*

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