High Court · 2025

4. Damaigari Bhanu Chandar, S/o. Srinivas Age- 45 years, Occ. Agriculture, Rl/o Komatipally Village, Ramayampet Mandal, Medak District. ...RESPONDENTS 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 pass an Order or Orders or Writ or Direction more particularly one in nature of Writ of Mandamus declaring the action of respondent No.3 in interfering with the petitioner's possession and enjoyment over the land admeasuring Ac. 00- 02 gts in Sy.No 227lEE to an extent of Ac. 00-01 gts, in Survey No. 228lA total to an extent of 3 guntas (Ac.00-03 gts) situated at Akkannapet village, Ramayampet Mandal, l/edak district at the instance the unofficial respondents No. 3 and 4 pressuring to settle the dispute as arbitrary, illegal and without jurisdiction and further the inaction of the respondent No.2 in not registering the FIR against the unofficial respondents No.3 and 4 but registering the crime No. 22212024 on the petitioner as being arbitrary, illegal, u nconstitutional and violation of Articlel4 and 300-4 of the Constitution of lndia 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 respondent No.2 not to interfere with the petitioner's possession and enjoyment over the land admeasuring Ac. 00-02 gts in Sy.No 227lEE and to an extent of Ac. 00-01 gts in Sy.No. 22BlA, tolal to an extent of 3 guntas (Ac.00-03 gts) situated at Akkannapet village, Ramayampet Mandal, Medak district at the instance the unofficial respondents No. 3 and 4 pending disposal of the Writ Petition in the interest of justice Counsel for the Petitioner: Smt. BETHAMACHARLA SAI HARITHA Counsel forthe Respondent Nos. 1&2: GP FOR HOME Counsel for the Respondent Nos.3&4: - The Court made the following: ORDER ,, THE HON'BLE SRI JUSTICE T. VINOD KUMAR Writ Petition No. 12059 of 2025 ORDER: I I Heard learned counsel for the petitioner, learned Government Pleader for Home appearing for respondent Nos.1 and 2, 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 ,s involved, this Court is of the view that notice to unofficial respondent Nos.3 and 4 is not necessary for adjudication oF the present Writ petition.

3. Briefly stated the case of the petitioner is that the respondents- authorities, in pafticular the 2nd respondent is interfering with the petitioner's possession over the land in Sy.Nos.227lEE and 228/A admeasuring Ac.0.02 guntas, Ac.0.01 gunta (total extent Ac.0.03 guntas), respectively, even though an order of injunction is granted by the competent Court of Clvil lurisdiction on t4.08.2024 in I.A.No.1080 of 2024 in O.S.No.330 of 2024 against the unofficial respondents herein and the said order is subsisting as of date. 4 Per contra, learned Government pleader for Home appearing on behalf of respondent Nos.1 and 2 wourd submit that the unofficial I 2 respondents herein have approached the respondents-a uthorities and lodged a complaint against the petitioner herein and based on the complaint lodged by the unofficial respondents, the authorities have registered a case, videCrime No.222 of 2024 dt.11.09.2024.

5. Learned Government Pleader further submits that on the authorities registering the aforesaid crime, they have also issued notice under Section 35(3) of BNSS and after conducting investigation into the aforesaid crime registered, the authorities have filed a charge sheet before the concerned Magistrate on 23.1 L2024.

6. Learned Government Pleader also submits that on filing of the charge sheet in the foresaid crime, the concerned Magistrate has taken the same on record and is numbered as CC No.4B7 of 2024.

7. Learned Government Pleader further submits that since the authorities after conducting investigation into the crime registered against the petitioner, having filed charge sheet before the concerned Magistrate, there is no necessity to involve themselves in the civil dispute between the petitioner and the unofficial respondents.

8. I have takcn note of the respective contentions urged.

9. Since, it is now stated to this Court of the respondents-authorities firstly having registered a case, vide Crime No.222 of 2024 dt.11.09.2024 3 and after conducting investigation into the foresaid crime registered having filed a charge sheet dt'23 11.2024 before the Judicial First Class Magistrate, which on being taken on record is assigned CC No'487 of 2024, this Court is of the vlew that the respondents-authorities are to be directed not to interfere in the civil dispute between the petitioner and the unofficial respondents in respect of the land noted hereinabove' However' it is made clear that in the event of any complaint being lodged against the petitioner herein, the respondents-authorities shall take action strictly in accoidance with law.

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

11. Miscellaneous petitions, if any, pending in this writ petition shall -t //TRUE COPY// SD/. P. P T?HO+O"-ET'EFRRX SECTION OFFICER onH Secretary, Home DeP artment, Secrbtari at, T.S n. Med ouse Officer, BETHAM

1. The Prin The Stati 2. One CC to Smt Two CCs to GP FOR HOM E ,High Cou rt for the State o J. 4 Hvd erabad [our] Two CD CoPies RamaYam ACHARLA SAIHAR Police Statio ITHA Advocate I ..Hvderabad' ak bistrict. oPucl f Telang ana at stand closed. To, 4 BM LS \y HIGH COURT DATED:2310412025 1 HE SI r4: ( o 0 2 r{AY 2025 z a i -f cs-a lrrr cO I ORDER WP.No.12059 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS