✦ High Court of India · 23 Jun 2025

High Court · 2025

Case Details High Court of India · 23 Jun 2025
Court
High Court of India
Decided
23 Jun 2025
Bench
Not available
Length
1,116 words

Judgment

2. J.

6. The State of Telangana, Rep. by its Principal Secretary, Department of Home, Dr. B.R. Ambedkar secretariat Bhavan, Hyderabad. The Commissioner of Police, Khammam District. The Assistant Commissioner of Police, Khammam Urban, Khammam District. The Station House Officer, Khanapur Haveli Police station, Khammam District. S.K. Janimia, S/o. Sondumia, Aged 50 years, Occ. Agriculture R/o. H.No. 1- 4411, Puttakota Village, Khammam Urban Mandal, Khammam District. Sk. Khader Baba, S/o. Sondumia, Aged 55 years, Occ. Agriculture Fi/o. H.No. 1-4411 , Puftakota Village, Khammam Urban Mandal, Khammam District. ...RESPONDENTS

Petition under Article 226 o'f lhe Constitution of lndia praying that in the 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 Respondents particularly Respondents No.3 and 4 in interfering in civil disputes in agriculture land to an extent of Ac. 4-00 in Sy. No. 2051 @ /1 to Sy.No. 2O5l @ i4, situated at Puttakota H/o. Velugumatla Village Khammam Urban Mandal, Khammam District, inspite of the crimes registered in F.l.R. No's 164 of 2025, 195 ot 2022 and F.l.R. No. 278 of 2022 as illegal, arbitrary in violation Article 14, 21 and 300- A of Constitution of lndia and in violation of principles cf natural justice and against all settled principles of law and consequently direct the Respondents/Police not to interfere into civil disputes in egriculture land to an extent of Ac. 4-00 in Sy. No. 2051 @ /1 to Sy.No. 205/ @ /4, situated at Puttakota H/o. Velugumatla Village Khammam Urban Mandal, Khammam District. lA NO: 1 OF 2025 Petition under Section 15'l CPC praying that in the lircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents/Police not to interfere into civil disputes in agriculture land to an extent of Ac. 4-00 in Sy. No. 2051 @ /1 to Sy.No. 2O5l @ i4, situated at Puttakota H/o. Velugumatla Village Khamrram Urban Mandal, Khammam Distrirl, pending disposal of the main Writ Petitiol. Counsel for the Petitioner: SRI AKKAM ESHWAR Counsel for the Respondent Nos.1 to 4: GP FOR HOME Counsel for the Respondent Nos.5 and 6: SRI P. SANJAN l,(IUMAR The Court made the following: ORDER HON'BLE SRI JUSTICE T. YINOD KUMAR WRIT PETITION No.15186 of 2025 ORDER Heard learned counsel for the petitioner, leamed Government Pleader for Home appearing on behalf of respoqdent Nos.l to 4 and Sri P.Sanjan Kumar, leamed counsel appearing on behalf of respondent Nos.5 & 6, and perused the record. 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. The case of the petitioner in brief is that the respondent authorities in particular respondent Nos.3 and 4 are interfering in the civil disputes in respect of agricultural land to an extent of Ac.4.00 in Sy.No.205/Aall to 205/Aa/4 situated at Puttakota, H/o.Velugumatla village, Khammam Urban Mandal, Khammam District, in spite of the respondent authorities registering Crimes based on the complaint made by the petitioner, which action of the respondent authorities it is contended as illegal and arbitrary and violative of Ar-ticles 14,21 and 300-A of the Constitution of India. 3" Per contra, leamed Govemment Pleader for Home appearing on behalf of respondent Nos.1 to 4, while denying the Writ averments, 2 would subnrit that based on the cornplaint made respc ndent Nos.5 and 6 herein, tLre authorities have registered cases vide Cr.Nos.1 63, 172, 17 5, 204 and, 337 of 2025 against the petitioner.

4. Leamed Govemment Pleader for Home fuither submit that based on lhe complaint given by the petitioner, the respondent authorities have registered a case vide Cr.No.27 gl20it2 on the file of Khammam II Town P.S. and the respondent a-rthorities, after conducting '.nvestigation there into, have filed charge sheet.

5. Learned Govemment Pleader further submits that on the charge sheet beirrg filed, the concemed Court has assigned C.C.No.3438/2022.

6. It is flu'ther. submittcd by the leamed GovemnLent pleader for I-lome that based on the complaint of one M.Sumanth against respondent No.5, a case in Cr.No.195/2022 has t een registered, wherein the respondent authorities after conducting in'estigation have filed charge sheet, which has been assigned as C.C.No.274 5/2024 and, is pending trial.

7. Learnr:d Govemment pleader for Home further submits that in all the aforesaid crimes registered against the petitio.rer and on the basis of the complaint given by the petitioner, the srrbject property I \ \ 'ry.:€39 3 involved is one and the same giving rise to law and order issues, and that the respondent authorities except conducting investigation into the aforesaid crimes, are not interfering in the civil disputes that may exist between the parties.

8. The aforesaid statement made by the learned Government Pleader for Home is taken on record.

9. In view of the aforesaid submissions, and taking note of the lact that 5 cases are registered against the petitioner herein based on the complaint made by respondent Nos.5 and 6, this Court is of the view that the respondent authorities are to be directed conduct investigation into the aforesaid crimes strictly in accordance with law without interfering in the civil disputes that may exist between the parties. I0. Subject to above observation and direction, the Writ petition is disposed of. No costs. ll. Consequently, miscellaneous petitions, if any pending shall stand closed. Sdi- A.H.S. GOWRI SHANKAR ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER Bhavan, The State ofielandana, HvOeraUaJ] - - 'l rhe Principal secretary, Department of Home, Dr. B.R. Ambedkar secretariat -xtram rii miiiiri"t 2. The Com m issio ner of po IiCe] 3. The Assistant commissionei.of porice, knrm'nim Urban, Khammam District. 4. The Station House officer, Khanapur uaveii Forice itation, Kham;;, -- -- District. One CC to Sri Akkam Eshwar. Advocate IOPUCI Two CCs to Gp for Home, High Court for ine Stite of Telangana, at Hyderabad IOUTI One CC to Sri P. Sanjan Kumar, Advocate[OpUC] Two CD Copies To, 5 6 7 I TJ PVL t HIGH COURT DATED:2310O12025 ( ORDER it'\tt' o :_\ .€ r\ \\(' WP.No.15186 of 2025 l i' \1. 1 10 stP 2025 t <\ ,i' DISPOSING OF THE WRIT PETITION WITHOUT COSTS qb ad

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