High Court · 2025
Case Details
Acts & Sections
The State of Telanoana. Rep. by itrprincipal Secretary, Home Department, Secretariat, Hydera6ad. The Director General of police, Telangana State, Hyderabad. The Superintendent of police, A/edak District, T.S. The Station House Officer, Chilipched police Station, Medak District, Telangana State. Ramagoinee Srikanth Goud, S/o. Late Kista Goud, aged about. 35 years, occ. Aoricurture. R/o- Sommat<taG-viirig; o'i"diirip"n"o lvrandar, Medak District, Telangana State. Cheemala Srihari, S/o. Late Mallaiah, aged about.45 years, Occ. Agriculture, vitrase or cniipcrret-rvrr"'ji'i tr"jrr District, T.etansana Y,li"lorrrnnapet Pakala Aruna, W/o. Naoeshwar Rao, aged.about. 56 years, Occ. Agriculture. Rt/o. H. No. 2-17. RamJasorda ,iilag;;i C;ii-pln# rirranoat, Medak Districr, Telangana State. ...RESPONDENTS Petition under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue an order, Direction or writ more particurarry one in the nature of Writ of Mandamus decraring the action of the Respondents 4 in not considering the representation of the petitioner to register an FrR against the unofficiar respondents under appropriate sections of the rndian penar code and take -7 immediateactionto[)lotectthelawfulpossessionwithrespect()flheagricultural land in bearing Sy. l{o 196/3/A'1 to an extent of Ac ll-24qtrntrls situated at SommakkapetvillagecfChilipchedtr/landal,MedakDistrictandtol]reventfurther threats and violenct: and despite of having the civil court's irriunction order passed in 1 .A. No 35512023 in O S No '108/2023 antl ensttre that peace is maintainedinthelocarlityisillegal,arbitraryandviolativeofFundlmentalRights Guaranteed under crl rstitution and consequently direct the resporrdents No'4 to provide the police pr()tection to the petitioners to protect his' rarir ful possession over the agricultur ll land in bearing Sy No 196/:yA'1 to an extent of Ac.2-24guntas situalr:d at Sommakkapet village of Chilipched I'ilandal' Medak District IA NO :1OF 2025 Petitionunde.Sectionl5lCPCprayingthatintrleCirCunlstancesstated intheaffidavitfiledirrsupportofthepetition,theHighC'ourtrnavbepleasedto directtherespondell'sNo.4toprovidethepoliceprotectiontOtt.epetiti0nerslo protect his lawful :ossession over the agricultural land in br:aring Sy No' 196/3/Altoanexr()ntofAc.2-24guntassituatedatsiomrni]ktlapetvillageof Chilipched trlandal, lriledak District' Counsel for the Petitioner: SRI M'PRASHANT KUMAR Counsel for the Rer;pondent No'2 to 4: SRI M'SRINIVAS' AGP FOR HOME The Court made the following: ORDER THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.\5399 082025 ORDER: This writ Petition is filed by the petitioner seeking the following relief: " .. .to issue an Order, Directton or Writ nnre particulatly one in tfu nnture of Writ of Mnndamtr s declating the action of the Respondents 4 in not considering tlrc representation of the petitioner to.register an FIR against tlre uriltrriol responrlents under appropinte sections of the lrulion ieruil Code nii tnkn imnrcrlinte nction to protect the latttful possession tttith respect of tlu tgiculturat Innd in bearing Sy' No' 196/3/A1 to nn extent oi Ac.i-24guitas sittnted nt Sommnkkapet aillage of Chilipched Mandti Medak bistrict nnd to pteuent further threats and aiolence and fu:spite of hnzting the ciuil court's injunction order pnssed in 1.A. No. 355/?.023 rrr O.S. lVo. 1082023 and ensure tlmt pence is mnintnined in the tocality is ittegat, nrbitrory nd aiolntiae of Fundamcntal Rights Gttmmteetl unier constitution tnd consequently direct the respoidents No.4 to prooide the polite protectiotr to the petitioners to protect his tmoful possession o1tel tle^apricyltural land in Learing Sy. No. 196/3/A1. io mt extent of Ac'2-24guntns situnted at Somfrkkipet aillnge of Chilipthetl Mnndal, Medak District and pnss' '"
2. Heard Mr. M. Prashanth Kumar, learned counsel for the petitioner; Mr. M. Srinivas, learned Assistant Govemment Pleader for Home, appearing for respondents No'2 to 4; and perused the material available on record.
3. The petitioner claims to be the owner and possessor of the agriculrural land admeasu ring Acs.2-24 guntas in Survey No'196/3' I 2 situated at Sorrakkapet Village, Chilipched Manctal, Medak District, on the strengfi of pattadar pass book No.T0803C0601102 "vith No.342 ;nnd re had been in possession enioy:rent of the same Khata without an)' ilrterruPtion from any corner. Wtrile so, lespondent No.Z the datilShter of the petitioner, along with respon lents No'5 and 6, who ar('no way concerned to the subject [)rolrer-ty' are trying to interft:re a'ith the possession of the petitioner ar'd alienate the subject pr.operty. Aggrieved thereby, the petitior-rr'r [i1ed a suit in O.S. No.103 of 2023 on the file of the learned ]unior' ( ivil fudge- cum-Judicial lulagistrate of First Class, Narsapur (fc'r ';hort 'trial Courf) and order dated -18.07.2023 in I.A. l'lo.35lt tfi 2023 in O.S. No 108 o: 2023 was Passed granting ad-interim inlunction in favour of thr: petitioner restraining respondents Nlc.5 to 7 from interfering w ith his possession and enjoyment in r':sl 'ect of the subject ploperty. Despite the same, there is interlerence by respondents l'1o.5 to 7 with the possession o' tht-. pt titioner in respect oI the s;ubject property.
4. It is sub,mitted that the petitioner submitred r€'Prrlsen tations dated 15 05.n25 and 16.05.2025 to respondents No.il an,l 4 to take t" 1 t I ) \ \ necessary action against respondents No.5 to 7 but so far, no action has been taken. Learned counsel for the petitioner submitted that the action of respondents No.5 to 7 in trying to interfere with the possession of the petitioner and obstructing him from cultivating the subject property despite the injunction order being passed, is arbitrary and unjust, as such, he is constrained to approach this Court seeking Police protection to protect the subject property. 5 As innocuous relief is sought by the petitioner, notice to respondents No.5 to 7 is dispensed with
6. Taking into consideration the fact that the injunction order dated 78.07.2023 in I.A. No.355 ot 2023 in O.S. No.108 of 2023 was passed in favour of the petitioner, and in view of the urgency expressed by the learned counsel for the petitioner, this writ petition is disposed of directing respondents No.3 and 4 to provide police protection to the petitioner in respect of the subject property for a period of three (3) weeks. Within this time, the petitioner is directed to file appropriate application seeking Police protection before the trial Court. There shall be no order as to cosLs. 4 o I I I \ As a ser1uel, miscellaneous petitions pending, if :nv' pending in this writ pet tion, shall stand closed //TRUE COPY// SiD/- V.KAVITHA yII BtGrs+R*R-/ DEF' \ SECiTION OFFICER To, 1 The Principal Secretary, Home Department' Secretariat' l-yderabad' State of Telangana.
2.TheDirector(ir:neralofpolice,TelanganaState'Hyderabad 3. The Superintendent of Police, tvledak District' T'S' 4. The Station llouse Officer, Chilipched Police Station, l\4edak District' Telangana State One CC to SFl.l M.PRASHANT KUMAR' Advocate [C)PUC] Two .CCs to riP FOR HOME, High Court for th3 Stale lt Telangana at 4 HYderabad [Crt.lT]
7. Two CD CoPies BSR Pt HIGH COURT NBKJ DATED:28 tOSl2025 ORDER WP.No.15399 of 2025 VACAT OUc 4a .,_ . -.:- ., :, { Irr; , 3 t ll,Y 7[r]5 (r.(' 7, .L i' ').:?' t O (,) ti,. 'r\j DISPOSING OF THE WRIT PETITION' WITHOUT COSTS ?/' \J3o \ .1,>