✦ High Court of India · 09 Jun 2025

The High Court · 2025

Case Details High Court of India · 09 Jun 2025
Court
High Court of India
Decided
09 Jun 2025
Bench
Not available
Length
1,089 words

Petition under Article 226 of 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 or Order or Direction more particularly one in the nature of Writ of Mandamus by declaring the impugned action of the Respondent Nos.3 and 4 herein under the influence of the Respondent No.5 in pressurizing the petitioner to Sell the House and settle the civil dispute with the Respondent No.5 herein inspite of the petitioner filing a complaint with Respondent No.2 Dt.0411112025 which was forwarded to the Respondent Nos.3 and 4 herein as illegal, arbitrary and violative of Article 14 and 21 of the Constitution of lndia and due procedures under law and consequently direct the Respondent Nos.3 and 4 ,i 1 for take action on the complaint filed by the petitioner Dt,0411112025 against the Respondent No.5. IA 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 Nos. 2 to 4 herein to take action on the complaint filed by the petitioner Dt.4.11 .2025 before the 2nd Respondent and not to Pressurize the Petitioner to settle the Civil Dispute with the Respondent No.5 pending disposal of the above writ petition. Counsel for the Petitioner : SRI S.CHALAPATHI RAO Counsel for the Respondents No.1to4 : GP FOR HOME Counsel for the Respondents Nor5 : The Court made the following: ORDER THE HON'BLE SRI ]USTICE T. VINOD KUMAR Wrat Petition No. 14595 of 2025 ORDER: Heard learned counsel for the petitioner, Iearned Government Pleader for Home appearing for respondent Nos.1 to 4, 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. Havrng 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 No.5 is not necessary for adjudication of the present Writ Petitign.

3. The case of the petitioner, in brief, is that he is the owner of house bearing No.17-4-87/219 situated at LMD Colony, Alugunur, Karimnagar, Karimnagar District; that on the 5th respondent intefering with the subject property, he had approached the 2nd respondent authority and lodged a complaint on 04.tL.2024; and that, while actron on the complaint lodged by the petitioner is pending, the 3'd and 4th respondents are calling the petrtroner to the police station and coercing him to settle the dispute with the 5th respondent, thereby, interfering in the civil dispute, which action of the respondents it is contended as highly illegal, arbitrary and without sanction or authority oF law. 2

4. Per contra, learned Government Pleader for Home appearing on behalf of respondent Nos.l to 4 would submit that on the petitioner approachrng the 2nd respondent authority and lodging a complaint on

04.11.2024, the 2nd respondent has forwarded the same to the 3'd respondent for causing enquiry and submitting a report.

5. Learned Government Pleader further submits that on the aforesaid complaint being fonvarded by the 2nd respondent authority to the 3.d respondent, the 3'd respondent by causing enquiry had tound that there existed no land, as being claimed by the petitioner and accordingly, prepared his report and sent the same to the 2nd respondent.

6. Learned Government Pleader further submits that in view of the report submitted by the 3'd respondent to the 2nd respondent, the authorities are required to issue notice of closure of the aforesard complaint lodged by the petitioner against the 5th respondent; and that the petitioner having learnt of the action taken by the 3d respondent in order to prevent the authorities closing the aforesaid complaint by issuing closure notice, had come up with the present case.

7. I have taken note of the respecUve contentions urged. B. Though the petitioner claims oF he being the owner oF the land and while undertaking construction of a gate, the unofficial respondent herein interfering with his possession and enjoyment therein for which he had 3 approached the 2nd respondent authority and submitted a representation d1.04,11.2024, and action therein is pending, the said claim of the petitioner itselF indicates existence of a civil dispute, for which the petitioner ought to have availed the civil remedy rather than approaching the police authorities.

9. Further, the 2nd respondent authority on receiving the aforesaid complaint having got the same enquired into through the 3'd respondent and having come to know of the fact that there exists no land as per the report 'of the 3'd respondent, based on which, the authorities are contemplating to issue closure notice to the petitioner, this Court is of the view that the respondent(-authorities are to be directed not to interfere in any civil dispute that may exist between the petitioner and the 5th respondent, except in accordance with law.

10. Subject to above direction, the Writ Petition is disposed of. No order as to costs. 11 Miscellaneous petitions, if any, pending in this writ petition shall stand closed. /TTRUE COPY// SD/-M. OSMAN ALI BAIG ASSISTANT REGISTRAR .=m oFFrcER To, 1 3 4 The Principal Secretary, Department of Home' Secretariat Buildings' Saifabad, State of Telangana, Hyderaoao' Yruffi;.1;.i"*r. ot po'ii""l i'iimnaga' Police Commissionerate Karimnaqar District at Karimnaoar' The Circ-le lnspector ot por'"elifib Colony' Timmapur Village and Mandal' ffl:tlab9'?:3:t"t#of Police, LMD Colonv Police statron' rimmapur Villase 9;1[til,i'$is. ffitflEI[;;f,n',::rl"J,?l"t?f .,,nganaroUr] e o 7 Two CD CoPies BSK@ HIGH COURT DATED:0910612025 toir TtlE S J t * 1 7 JUL 2025 > 2 * PAr ct,i ORDER WP.No.14595 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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