High Court · 2025

Petition under Article 226 ol 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 interference of the Respondents 4 and 5 and their ...RESPONDENTS subordinates at the instance of Respondent no.6 and his men in the lawful possession of the schedule property bearing H.No. 2O_3_142, Admeasuring 135.00 Sq.yds or equivarent to 112.87 sq.mts situated at Shibirigunj, Hyderabad - T.G by the Petitioner without foflowing the procedure as illegal, arbitrary, violation of principles of natural justice and contrary to the Articles 14 and 300_4 of constitutional of lndia and consequen y direct the Respondents not to interfere with the lawful possession of the schedule property by the petitioners, in the intdrest of justice. lA NO: 1 OF 2025 Petition under Section i 51 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 to give effective and adequate police protection to the Petitioner and his family of any threat or obstruction from the Respondents or their agents or seryants in any manner in raMur possession and enjoyment of the schedule property bearing H,No. 20-3-142, Admeasuring 135.00 Sq.yds or equivalent lo 112.87 Sq.mts situated at shibiligunj, Hyderabad - T.G in the interest of justice. Counsel for the Petitioners: SRI NAGA SRINIVAS RAO Counsel for the Respondent No.1 to 5: Gp FOR HOME Counsel forthe Respondent No.6: -- Counsel for the Respondent No.7: SRI FARHAN AZAM KHAN, SC FOR WAeF BOARO (Nor pREsENr) The Court made the following: ORDER THE HON'BLE SRI JUSTICE T. VINOD KUMAR \VRIT PETITION No.1O189 OF 2o25 ORDER Heard learned Counsel for the petitioner, learned Government Pleader for Home appearing on behalf of respondent Nos.l to 5 and perused the record. Despite service of notice on respondent Nos.6 and 7, there is no representation either in person or through Counsel.

2. The case of the petitioner, in brief, is that the respondent Nos.4 and 5 and their subordinates are interfering with the peti[ioners lawful possession and enjoyment over the proper[y bearing House No.2O-3-142, admeasuring 135 square yards situated at Shibili Gunj, Hyderabad at the instance of 66 respondent and his henchmen which action of the respondents, it is contended as highly illegal, arbitrary and violation of Articles 14 and 3OO-A of the Constitution of India.

3. Per contra, learned Government Pleader for Home appearing on behalf of respondent Nos. 1 to 5 while denying the writ averments would submit that the petitioners herein had approached the respondent authorities and submitted a representation dated 18.03.2025 alleging that the 6th respondent and his henchmen are making attempts to create 2 dispute over the property by interfering and claiming the property is part of mosque which belongs to Masjid Talib Ud Dowla bearing House No.20-3-143 lor tfreir personal gains and - sought for initiation of action.

4. Learned Government pleader further submits that the respondent authorities on receiving the aforesaid complaint and after causing preliminary enquiry have closed the said complaint on 28.03.205 as ,ciuil in nature' and also issued intimation to the petitioner of the acLion taken.

5. Learned Government pleader further submits that the respondent authorities except causing preliminary enquiry into the complaint lodged by the petitioners are not interfering with the possession or enjoyment over the property by the petitioners at the behest of the 6ft respondent and his henchrnen as alleged in the presenr Writ Petition.

6. Learned Government pleader further submits that the petitioners on learning of the 6ft respondent approaching the 7tr, respondent and lodging a complaint on 12.03.2025 inad, approached the respondent authorities and lodged a complaint against the 6th respondent on 18.O3.2025 much after J preliminary enquiry has been closed by the respondent authorities. 7 . Learned Government Pleader thus submits that the respondent authorities except causing preliminary enquiry into the complaint lodged by the petitioners are not interfering with the property bearing House No.2O 3-142 situated at Shibiligunj, Hvderabad - B. I have taken'note of the respective contentions urged.

9. Since, the respondents now inform this Court of the petitioners having approachecl the respondent authorities by lodging a complaint on 18.03.2025 and the authorities after causing preliminary enquiry thereinto having closed the said complaint on 28.03.2025 as 'ciuil in nature' and also that the respondent authorities are not interfering with the subject property bearing House No.2O-3-142 adrneasuring 135 square yards situated at Shibiligunj, Hyderabad, this Court is of the view that the respondent authorities are to be directed not to interfere in the civil disputes that may exist between the petitioner and the 6ft respondent or the 7th respondent except in accordance with law. 4 -

10. Subject to the above direction, the Writ petition is disposed of. No costs. Miscellaneous petitions, if any, pending in the Writ Petition, shal1 stand closed. //TRUE COPY// SD-K.SREERAMA MURTHY PUTY REGISTRAR SECTION OFFICER To, I The Commissioner of Police, Hyderabad Command and Contro iffi";;;;'P"llii"-no"o t'lo.t7 en',uani Nasar, Bhanjara Hills Hvd 500 054 State of Telangana. I Centre erabad - 2TheDeoutvCommissionerofPolice'southZoneoldCommissioneroffice -' piinergatti, Hyderabad - 500 002 T G 3. The Assistant commissioner of Police, charminar, Hyderabad - 500 002 T'G 4. The Station House Officer, P'S Hussaini Alam Dood Bowli X Roads 5. The Sub - lnspector of Police, P S HussainiAlam Dood Bowli X Roads Hyderabad - 500 064 T.G Hyderabad - 500 064 T.G

6. The Chief Executive Officer, Te]qn-g911\ /akf Board Haj House' Near Public " Cut,f"n Nampally, Hyderabad 500 001 T G'

7. One CC to SRI NAGA SRINIVAS RAO, Advocate [OPUC] B. One CC to SRI FARHAN AZAM KHAN, SC FOR WAQF BOARD [OPUC] g.TwoCCstoGPFoRHoME,HighCourtfortheStateofTelanganaat Hyderabad [OUT]

10.Two CD Copies BSR LS HIGH COURT DATED:0 410712025 OR TfrIE s o I (9 * 11 luL 'M5 t J TcHl.'-o t ORDER WP.No.10189 ot 2025 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS t\