Commercial Co-operative Housing Society v. State of Telangana

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, to declare the action of the respondent Nos. 2 to 4 in interfering and obstructing lawful possession of the petitioner and its members over the property covered by plots in land Sy. No. 1120/1 , 112012, 1113, 1114 and 111411 admeasuring Ac 13 - 05 Gts situated at Medchal village and Municipality, Malkajgiri District in support of third parties instead of following the orders of temporary injunction passed in l.A. No. 948 ot 2O22 in O.S. No. 629 of 2022 df. 23.9.2022 passed by Principal Junior Civil Judge cum Vll Additional Metropolitan magistrate, Medchal passed in l.A. No. 948 of 2022 in O.S. No. 629 of 2022 dt.23.9.202L which is extended from time to time as illegal, arbitrary and u nconstitutional and contrary to the fundamental rights guaranteed under the constitution of lndia, consequently restrain the respondenls 2 to 4 in interfering and obstructing over the lawful possession of the petitioners society and its members over the land in S.No. 1 lZ.Otl , l12Ot2, 111i\, 1114 and 1114t1 admeasuring Ac 13 - 05 Gts situated at Medchal villa,le and Municipality, Malkajgiri District in support of third parties (ii) to direct the respondents 2 to 4 to pr&ide necessary police protection in protecting the laMul possession ownership of the petitioner society and its members by obeying the c,rders of the Hon'ble Principal Junior civil Judge cum vll Additional Metropolitan magistrate, Medchal passed in l.A. No. 948 of 2022 in O.S. No. 629 of 2O2Z d|.23.9.2022 which is extended from time to time. lA NO: 1 OF 2025 Petition under []ection 151 cPC praying that in the ciroumstances stated in the affidavit filed in support of the petition, the High court nray be pleased to ln pending the disposal of the writ petition the Hon'ble court may be pleased to restrain the respondents 2 to 4 in interfering with peaceful and lawful possession of the petitioner and its members over land in Sy. No. 1120t1 112012, 1113, 1114 and 1 I 14l1 admeasLrring Ac 1 3 - 0s Gts situated at Medchal village and Municipality, Malkajgil District in support of third parties. lA NO: 2 oF 202s 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 2 to 4 to provide necessary police protection to protect the peaceful and lawful possession of the petitioner and its members in pursuance of orders passed in l.A. No. 948 of 2022 in O.S. No. 629 of 2022 dt. ZZ.9.2O22 passed by Principal Junior civil Judge cum Vll Additional Metropolitan Magistrate, Medchal pending disposal of the above writ petition. Counsel for the Petitioner: SRI VENKAT RAGHU RAMULU Counsel for the Respondents: GP FOR HOME The Court made the following: ORDER THE HON'BLE SRI WSTICE T. VINOD KTIMAR WRIT PETITION No.1O457 of2o25 ORDER: Heard le;:rrled Counsel for the petitioner, --he learned Government f'le:rder for Home appearing for the official respondent Nos.l to 4, and with the consent of .:he learned counsel apperuing for the respective parties, the writ petition is tak,r-r up for hearing and disposal at admission stagc.

2. Shorn r,f unnecessary details, the case of the petitioner, in bric'f, is that respondent Nos.2 to 4 are interlering anri obstructing with the lawful po ssession of the pctitioner ov(:r the land admeasuring A,:res 13.05 guntas in survey Nos.1120/1, ll2o/2, 1113, 1114 and 111111 situatecl at Medchal Village & Municipality, Malka.lgiri Disr rict, even though the petitioner having been granted with an order of injunction, dt.23.O9.2022 in IA.No.948 of 2022 in OS.No.629 of 2022, on thr: file of the Principal Jrrnior Civil Judge-cum-Vll\dditional Metroplital Mrlgistrate, Medchal, which order is subsisting as of date; an<l thtrs, the interference by respondent Nos.2 2 to 4 with the lardul possession of the petitioner over the said land is arbitrary, illegal and in violation of the injunction order granted by the competent Court of Civil jurisdiction.

3. Per contra, learned Government pleader for Home appearing for official respondents while denying the wl.it averments would submit that the petitioner had approached the respondents_authorities arld lodged a complaint on 13.03.2025 claiming that some illegal persons/land grabbers hatched a pran to grab the rand of the petitioners by raising walls by removing the existing stones and kadis in the land purchased by him admeasuring Acres 13.05 guntas during the years 20O5 to 2OO7; and that based on the aforesaid complaint, the authorities have registered a case uid.e Cr.No.24B/2O25 against unknown persons on 13.03.2O25 and took up investigation.

4. Learned Government pleader further submits that the authorities except conducting investigation into the aforesaid crime registered based on the complaint lodged t l I 3 by the petitioner, are not interfering/ obstructi ng with the lawful possession of the petitioner over the afc,resaid land as claimed b1, the petitioner.

5. The aft,resaid submission made by- the learned Government F'lezrder lor Home is taken on recorrl I

6. Having regard to the submissions madt: as above, and since, the respondents-authorities claitn to have registered a ca sL' uide Cr .No.248 / 2025 based on the complaint made try the petitioner herein, this Oourt is of thi: view that respondents authorities are to be rlirected to conduct inves;tigation into the aforesaid crim<: registered and take nec,:rssary further action, strictly in a-ccordance with law. The respond ents-authorities are furtht:r directed not to interfe -e or obstruct with the lawful pc'ssession of the petitioner over the suit schedule property during the subsistence of the injunction order, d|.23.|.}9.2022 in IA.No.94B of 2022 OS.No.629 of 2022.

7. Subject to the above observation and dirr:ctions, the Writ Petition is disposed of. No order as to costs;. 4 f

8. Consequently, miscellaneous petitions pending, if any, shall stand ciosed. To, //TRUE GOPY// sD/-T. TIRUMALA pEVl DEPUW REqISTRAR I I I \\I SECTION OFFICER

1. The Principal Secretary (Home), State of Telangana, Dr. B.R. Ambedkar Bhawan Secretariat, Hyderabad

2. The Assistant commissioner of Police, Medchal Division Rachakonda Commissionerate Medchal, Medchal Malkajgiri District.

3. The Circle lnspector of Police, P.S. Medchal, IVedchal, Medchal tt/alkajgiri District.

4. The Station House Officer, P.S. Medchal Medchal, Medchal Malkajgiri District. 5. One CC to SRI VENKAT RAGHU RAMULU, Advocate [OPUC] 6. Two CCs to GP for Home, High Court for the State of Telangana at Hyderabad. [OUT]

7. Two CD Copies MP BS (/- I a HIGH COURT DATED:0810412025 ORDER WP.No.10457 of 2025 '{HE S14- t(o 1t trlfl ZWi ) z t .rT,)ry. Tr,:.+,tf 0 J a ll''' \t-\i DISPOSING OF THE WRIT PETITION WITHOUT COSTS f # ? k