✦ High Court of India · 29 Apr 2025

High Court · 2025

Case Details High Court of India · 29 Apr 2025
Court
High Court of India
Decided
29 Apr 2025
Bench
Not available
Length
1,017 words

Acts & Sections

'1 . Smt. Thatikonda Rama Devi' W/o' Narahari Reddy' Aged 40^y-e-1ls-'^^O^c-c- ' E;;i";;;'Fyo. Hat tlosro,'Fortune castle' Doctors colonv' saroornagar' Hyderabad-500035. . 2. Kallem Rakesh Chandra Reddy' S/o KRaghuram Reddy' Aged about 44 vears, occ- su.in".r]'fi/o.'"H."r.,io.ilr"-zbili r77, ct'lit taopally. Musheerabad. HYderabad-500020. 3. Thaniparthy Bhanu Prasad, S/o' T Prab.hakar Rao Aoed about 58 years' Occ- Business, nyo. n.r'lold-iliio' ii"i"N" sot' u'n'-man Mansion' srinagar ColonY, HYderabad-500073' 4. Kondala Nipun, S/o' K'sudhakar Reddy-. Aoed about 28 years' Occ- Business, nl/o. H.r'ro]tj-zlbdiizii i' a^'"tZ'u'Gree-n-cotony' Banjara Hills' Road No.1 2, HYderabad-500034' ...PETITIONERS AND 1

2. J 4 q 6 The State of Telangana, Rep' by its Prl' Secretary' Home Department' At Secretariat, HYderabad. TheCommissionerofPolice,Cyberabad,Gachibowli,Hyderabad-500032. The Deputy Commissioner of Police, Rajendranagar Zone' Cyberabad' The Asst. Commissioner of Police''Chevella Division' Cyberabad' The Station House Officer, Moinabad Police Station' Cyberabad' B3Tff"?: :F,5:ift ?1S^:#i'A? fi ",$iJ;l'-iS,ftlo",i,l l3 J,i,i,l'-3&:; Di strict-

501504. 7 Sama Manik ReddY, s/o. S '' Firmer. Fl/o. H.No.1.88. M 501504. ,:il,ilu,[",iift flgBH's:l3: [?1!" Bi.";," - .,.RESPONDENTS ...-- i ! I I I I Petiti.n r r rer Articre 226 of the constitution of rnrria p.raying that in the circumstancr-'s stated rn the affidavit fired therewith, the High coLrrt may be preased to pass an ord'l' or issue any directions or issue an appr,lpriate writ more particularly in'h€) nature of writ of [Vrandamus, (a) Decrarin3 tit,r action of the 4th and 5th Resocnce'nts in interfering into the peacefur possession and enjoyment of the Petitioners rands except otherwise in accordance with r;:w. i,rs iregar, arbitrary and in violati:r ,rf Articre 14, 21 and 300A of constitut cn of rndia, (b) consequentr'7, dire r:t the 4th and 5th Respondents not to inte.rferr,, into the peaceful possession ancl er j'ryment of the petitioners lands, except otrena,ise in accordance with law in arry mra rner. IANO: 1OF2 025\ Petition ,n i:r Section i 51 cpc praying that in the ci -cun stances stated in the affidavit fire'i in support of the petition, the High court mey be preased preased to direct the z'th .rnc Sth Respondents not to interfere int,: thr: pez,rcefur possession and enjoymerrt )'t )e petitioners rands, except otherwise in accorJance with raw in any manner, perilin; disposal of the writ petition and pass Counsel for the pe titioners:SRl. ROHIT POGULA Counsel for the Respondent No 1 to 5 : Gp FOR HOME Counsel for the Respondent No 6,7 :-__ The Court made the following: ORDER w ( l"\, I I l THE HON,BLE SRI JUSTICE T. VINOD KUMAR w P NN L2 09 t 202 ORDER Heardlearnedcounselforthepetitioners,learnedGovernment Pleader for Home appearing for respondent Nos'l to 5 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'6 and 7 is not necessary for adjudication of the present Writ Petition'

3. The case of the petitioners, in brief is that on purchasing the subject land from the unofficial respondents herein under registered sale deeds, they are in possession; and that the respondents-authorities are interfering with their possession over the subject property' which action of the respondents it is contended as highly illegal' arbitrary and without authoritY/sanction of law'

4. Per contra, learned Government Pleader for Home appearing on behalf of respondent NoS.l to 5, while disputing the claim of the petitioners being'in possession, by referring to the entries in revenue records, would submit that as of date' the name of the petitioners' vendor 2 is continuinq n revenue records and that the 7rh i-r:sponderrt herein had approache,l :lrt: respondents_authorities and lodged a .omr,laint against the petitioners on 16.04.2025.

5. Learr,--f Government pleader further submrts that on the 7th respondert h.rerin approaching the authorities and rodging corxpraint, the authoritie,; herc made a GD entry and for the purpose of causing preliminary erqeriry to verify the correctness or other\,vise of tle contents of the conrp ain.., have been called the petitioners.

6. Lea -n,:d (;overnment pleader further submits that the r.e ;pondents_ authorities exir: tt causing preliminary enquiry into the complaint lodged by the unofflc;rl -espon6"nr, herein, are not invorving thenser,res in civir dispute nor inter-r:ring with the possession of the petitioners, m,lre so ihe said authoriti.-.s; (:annot decide as to who is in possession of , re subject land.

7. The afcr,_.s:id submission made by the learned Governmer.t pjeader for Home app(arjn,l for responderrt Nos.1 to 5 is placed on r€.corcr. B. In view of the aforesaid submission, since, it is stated to this Court that a compl;airrt hevinq been lodged against the petitioners herein by the 7th respondent, this Court is of the view that the respondents-al,thorities are to be directe,J to conduct investigation into the aforesa d comp1sin1 and take fuftl- er ,::. rcn stricfly in accordance with law i i I i I I 3

9. Subject t0 above direction, the Writ Petition is disposed of' NO order as to costs.

10. luliscellaneous petitions, if any, pending in this writ petition shall stand closed. //TRUE COPY// SD/. M. O SMAN ALI BAIG SISTANT REGISTRAR SECTION OFFICER To, cretariat, HYderabad, The State of Telangana' 1 . The PrinciPal Secretary' Home DePartment, At 2. The Commissioner of Police' Cyberabad' Gachibowli' Hyderabad-500032' 3. The Deputy Commissicner of Police' Rajendranagar Zone' Cyberabad' 4. The Asst. Commissioner of Police' Chevella Division' Cyberabad' 5. The Station House Officer' Moinabad Police Station' Cyberabad' 6. One CC to SRI' ROHIT POGULA Advocate IOPUC] 7. Two CCs to GP FORHOME 'High 8. Two CD CoPies Courtforthe State of Telangana [OUT] DD GJP YV I. l HIGH COI.JI?T DATED:29 t1)4l2O2S + 19 Jrll ?ffi C) .\ t l)r., ORDER WP.No.1:29Ctr) of 2O2S DISPOSING oF THE WRIT PETITION WITHI)UT UL'D I D \\ .o("4 frr,'

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