The High Court · 2025

THE HONOURABLE SRI JU TICE T.VINOD KUMAR WRIT PETITION NO: 11231 0F 2025 Between: MADDI SAIDULU, S/o. Sailu, Aged about BgBl4l2, Gulab Singh Bowli, Chikatimamidi District, Telangana. 5 years, Occ . Agriculturc, Rlo. 21-4- illage, Mungugode lVlandal, Nalgonda .,.PETITIONER AND 1 2 c The State of Telangana, Rep. by its P Secretariat, Hyderabad. ncipal Secretary, Home Department, The Superintendent of Police, Nalgon District The Dy. Superintendent of Police, Nal onda District. The Station House Officer, P.S. Munu 4 5. Marri Seenaiah, S/o. Lingaiah, Aged 4 28, Narsingbatla Village, Nalgonda Di ode Police Station, Nalgonda District. years, Occ. Agriculture, Rl/o. H.No.7- rict. ...RESPONDENTS Petition under Article 226 of the Co circumstances stated in the affidavit file pleased to issue a writ or order or direction Writ of Mandamus declaring the action o herein more particularly the Respondents stitution of lndia praying that in the therewith, the High Court may be more particularly one in the nature of the Respondents Police authorities o.4 in illegally trying to dispossess , despite pending of civil suit in O.S. ior Civil Judge, at Nalgonda, in an urther the action of the respondents the petitioner from subject matter propertie NO. 76 of 2025 on the file of I Addl. Ju arbitrary, illegal and high handed manner. herein particularly respondents No.4 in in rfering into the petitioner's peaceful possession over the subject property is cha lenged as being bad, arbitrary, illegal and contrary to the principles of natural justice and violative of Articles 14, 19 (1) (g) and 21 of the Constitution of lndia, in the interest of justice. IA NO: I OF 2025 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 herein, more particularly respondents No.4 not to interfere with the possession of the petitioner over the properties, pending disposal of the main Writ Petition, in the interest of justice. Counsel for the Petitioner : SRI G.SHIVA KUMAR Counsel for the Respondents No.1to4 : Gp FOR HOME Counsel for the Respondents No.5 : -- The Court made the following: ORDER I : r.:'* -R.i:' THE HON'BLE SRI JUS CE T. VINOD KUMAR Writ Petition 1 23 25 ORDER Heard learned counsel for the petitioner, learned Government Pleader for Home appearing for respo dent Nos.1 to 4, and with the consent of the learned counsel appearin for the parties, the Writ Petition is taken up for hearing and disposal at t e admission stage.

2. Having regard to the manner of isposal of the Writ Petition at the admission stage and the nature of /s i volved, this Couft is of the view that notice to unofficial respondent No is not necessary for adjudication oF the present Writ Petition.

3. Shorn of unnecessary details, the case of the petitionei', in brief, is that the 4th respondent is trying to dis ossess the petitioner from lands which are the subject matter of a s it, vide O.S.No.76 of 2025 and coercing him to give away the aforesai land in favour of the unofficial respondent, which action of the respo dents it is contended as highly illegal and without any sanction/authori of law

4. Per contra, learned Government Pleader for Home appearing on behalf of respondent Nos.1 to 4 would s bmit that based on the complaint made by the 5th respondent herein, the uthorities have registered a case, vide Crime No.39 of 2025 on 20.02.202 , wherein the petitioner has been arrayed as accused No.1. 2 yo'rl*ffi*rl \ rf+:ItrJ.

5. Learned Government Pleader further submits that on the - respondents-a uthorities registering the aforesaid crime, the authorities have also issued notice under Section 35(3) of BNSS to the petitioner on

20.02.2025 and thereafter, a second notice was also issued to him on

22.03.2025.

6. Learned Government Pleader would further submit that since the authonties have already issued notice under Section 35(3) of BNSS, the authorities have followed due process of law and that the petitioner suppressing the aforesaid facts has filed the present Writ petition and thus seeks for dismissal of the Writ petition.

7. I have taken note of the respective contentions urged.

8. The petitioner has filed the present Writ petition alleging that the 4th respondent is trying to dispossess him from the lands which are subject matter of a suit pending before the competent Court of Civil jurisdiction. The petitioner however, failed to rnention about the case registered against him videCrime No.39 of 2025 and he being served with two notices dt.20.02.2025 and 22.03.2025 under Section 35(3) of BNSS.

9. A copy of the notice dt.20.02.2025 issued to the petitioner would show the petitioner having received the same and also affixing his signature thereon. Similarly, the notice dt.22.03.2025 also bears the signature of the petitioner which tallies with the signature affixed by him in the writ affidavit. i I i i ) i I I I ] I t I

10. Since, the petitioner is already erved with notice under Section 35(3) of BNSS in relation to Crime N .39 of 2025, the conduct of the petitioner In approaching this Court by he present Writ Petition feigning ignorance of the aforesaid crime registe d against him, and claiming that the 4th respondent is trying to dlsposse him from the subject land in the considered view of this Court would early amount to the petitioner approaching this Court with unclean h nds by resorting to suppression and as such, he is not entitled for bei g granted with any relief in the present Writ Petition. 1 I . In view of the above, this Court is oF the view that the present Writ Petition is liable to be dismissed with cos

12. Accordingly, the Writ Petition rs d missed with costs of Rs.5,000/- (Rupees Five Thousand only) payable to the Telangana High Court Advocates' Library, within a period of fou (04) weeks from today.

13. Miscellaneous petitions, if any, p nding in this writ petition shall stand closed. MEMORANDUM .P.No.11231 of COSTS 25 Cost Quantified by directed with exemplary costs of Rs.5,0001 Thousand Only) to be paid to the Telangana Advocates' Library. Hon'ble Court (That the P titioner is s Five igh Court (Ru TOTAL //TRUE CO t\ Rs. Ps s,000 - 00 s,000 - 00 SD.K.SREERAMA MURTHY DEPUTY/REGISTRAR ffi.' SE6UON OFFICER To, 1 2 3 4 BSK LS One CC to SRI G.SHIVA KUMAR, Advocat Two CCs to GP FOR HOME, High Court fo The Telangana High Court Advocates' Lib Two CD Copies. . IoPUC] the State of Telangana. [OUT] Rfi' HIGH COURT DATE D: 1 610412025 _za--.- t () Q 2 i [tl3 2025 * ,^^(,i (: .J,.ya.i.,t,f,/ \:.:-- --:. :1. ..-i r\ ,.. ri ORDER WP.No.11231 of 2025 DISMISSING THE WRIT PETITION WITH COSTS (+ .j rl) {