Mohammaed Rizwan v. The State of Telangana

Petition under Article 226 ot the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No. 5 in interfering into the peaceful life and liberty of the Petitioner and also interfering into the civil disputes between the Petitioner and Respondent No. 6 to 10 during the pendency of civil Suit vide O.S. No.38 of 2025 on the file of Junior Civil Judge Court at Miryalguda, even though calling the Petitioner to the Police Station and detaining him in the Police Station and threatening the Petitioner to handover his land i.e. 605 Sq. Yards in Sy. No. 741 , which is situated at Hanumpeta, Miryaguda Town, Nalgonda District without having any jurisdiction is highly illegal, arbitrary, unconstitutional and violation of Articles 14, 15,21 and 300-4 of the constitution of lndia and also violation of the Principles of Natural Justice and consequently direct the Respondent No. 5 not to interfere into the Petitioners peaceful life and liberty and not to interfere into the civil disputes between the Petitioner and the Respondent No. 6 to 10 during the pendency of O.S. No. 38 of 2025 on the file of Junior Civil Judge Court at Miryalguda and Writ Petition before this Honourable High Court. lA NO: 1 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 Respondent No- 5 not to interfere into the Petitioner's peaceful life and liberty and not to interfere into the civil disputes between the Petitioner and the Respondent No. 6 to 10 during the pendency of O.S. No. 38 of 2025 on the file of Junior Civil Judge Court at Miryalguda and Writ Petition before this Hon'ble High Court and pending disposal of the writ petition. Gounsel for the Petitioner : SRI RAPOLU BHASKAR Counsel forthe Respondents No.1to4 : GP FOR HOME Counsel for the Respondents No.5to15 : The Court made the following: ORDER THE HON,BLE SRI JUSTICE T. VINOD KUMAR WRIT PETITION No. 10386 of2o25 ORDER: Heard learned Counsel for the petitioner, learned Government Pleader for Home appearing for official respondent Nos. I to 5, and with the consent of the learned counsel appearing for the respective parties, the writ petition is taken up for hearing and disposal at admission stage.

2. Having regard to the nature of lls involved in the Writ Petition and the manner of disposal, this Court is of the view that notice to unofficial respondent Nos.6 to 10 is not necessary for adjudication of the present Writ Petition

3. Shorn of unnecessary details, the case of the petitioner, in brief, is that there are inter se civil disputes betvveen the petitioner and respondent Nos.6 to 10, which is subject matter of civil suit uide O.S.No.38/2025; and that the 5th respondent is interfering in the civil disputes at the behest of the unofficial respondents and threatening the petitioner with detention, if he fails to hand over the 1and, w.hich is subject matter of the suit, to the unofficial in \'-E 2 respects, thereby interfering with his personal life and liberty, which action of the respondents-authorities it is contended as highly illega1, arbitrary and without any authority or sanction of larn'.

4. Per contra, learned Government Pleader for Home appearing for official respondent Nos. I to 5 rvhile denying the writ averments would submit that based on a complaint given by the petitioner herein the respondents- authorities have registered a case uide Cr.No.14312024, dt. 1 O.O7 .2024 again st the unofficial re sponde nts.

5. Learned Government Pleader further submrts that the respondents-authorities after conducting investigation into the aforesaid crime, have filed a charge sheet uide SR.No.556/2025 on 07.O4.2025 before II Judicial Magistrate of First Class, Miryaiagud4; trnd that the authorities except conducting investigation into the aforesaid crime registered for the purpose of filing charge sheet, have never interfered with the civil disputes as ciaimed by the petitioner. 3 I

6. Learned Government Pleader further submits that since, the authorities have already laid a charge sheet in Cr.No.143/2024 registered on the basis of the complaint iodged by the petitioner, there is no necessify for the authorities to interfere with the life and liberty of the I I petitioner.

7. The aforesaid submission made by the leamed Government Pleader for Home is taken on record. B. Having regard to the submissions made as above, and since, the respondents-auth orities, based on the complaint made by the petitioner, having registered a case uide Cr.No.l43l2024, dt.lo.O7.2024, and also having filed charge sheet therein before the concerned Court on

07.O4.2025, this Court is of the view that the respondents- authorities are to be directed not to interfere with the personal life and liberty of the petitioner, except accordance with law

9. Subject to the above observation and directions, the Writ Petition is disposed of. No order as to costs. 4 ?

10. Consequently, miscellaneous petitions pending, if any, shall stand closed. t I I /TTRUE COPY// SD. ilFf**sluillx "becrtor't oFFlcER To, secreiqer Home Department' , U:,:EBiLIiltg:S:;[t*:,y,li[J[B'SS] 2. The Director General of Police' Telangana' Hyderabad 3.TheSuperintendentofPolice'Nalgonda'NalgondaDistrict' 4. The Deputy Superintendent of Police' Miryalguda Division' Nalgonda District' 5. One CC to SRI RAPOLU BHASKAR' Advocate lOPUCl 6. Two CCs to GP FOR HOME' High Court for the State of Telangana' [OUT] 7 Two CD CoPies BSK LS \,\- HIGH GOURT DATED:0810412025 ORDER WP.No.10386 ot 2025 t. S lA r€u) ( \, rj 3 0 [Pfl 2$?5 D l- sFAl C 6ta v C t- ,t J DISPOSING OF THE WRIT PETITION WITHOUT COSTS (+ 4 .\"^ t,/' \