High Court · 2025

The State of Telangana, Rep by Principal its Secretary' Revenue ffg tT,:.1, i"":,i"'8lil ; ?$"'?if gii n c i p, r its s e creta ry, H o m e De p a rtm ent, Secretariat, HYderabad. i;;'Di;i*iC6iiector,rr/utu,o"1,yl,l';'f;oniilliSl;o,".* ihe Suoerintendent of Polir rna ciinlc lnsoector ot poi[", V",if,itiput5m Police Station' Venkatapuram +:t t,:iXl''SS,Ut 3r?,:: :',,U:'JgJ,ot'5i31 .,,,,"", wazeed u Vi r r a ge and Yfft*,i:X t%l3J'[Fi*, radvai porice Station, radvai vi,ase and Mandar, Y#i"J,3J:"T'igriculture officer, Asriculture Department' Mulusu' Mulusu District The Revenue Di visional Officer, Mulugu, Mulugu District' V#il;i#1j'."#' il;;E;i, V;;l;tapura Virrase and Mandar' The Tahsildar' Y#Jr,9;i"?,..j[:"i rribar Devero_pment Authority (rrDA), Etoomasaram, Murugu Oistrict, Hep. by its Pro.iect Officer' ...RES'ONDENTS

9. 10. 11 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, declaring the action of the Respondent authorities in threatening the petitioner on the pretext of arrest and seizing petitioner's agricultural property without registering any crime' without issuing any notice or proceedings, since the petitioner is residing in schedule area by eking livelihood ) of running a fertirizer shop, incruding sare of seeds (corn seeds), without faiting any corn crop in the entire district, only at the instance of unsocial elements, who are craiming that they are representatives of rribar werfare Associations, brackmairing the petitioner for payment of huge amounts in the name of schedure Tribes, without having evidence, or proofs in respect of any crop loss incurred due to purchase of corn seeds from the petitioner's fertirizer and the aggrieved party without approaching either to civir court or to consumer court is iregar, void and opposed to Articles 14, 19,21 and 300_4 of Constitution of lndia, and consequenty to direct the respondents not to interfere with the petitioner,s peaceful life and liberty without following due process of law IA o: 1 0F 202s Petition under section 151 CPC praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the respondent authorities.not to take any coercive steps against the petitioner herein i'e', either arrest or seizure of the petitioner,s property without following due process of raw, fending disposar of the above writ petition Counsel for the petitioner: SRt. SHERI PRASAD Counsel for the Respondent Nos. 1,3,9,10: Gp FOR REVENUE Counsel for the Respondent Nos.2,4to7: Gp FOR HOME Counsel for the Respondent No.g: Gp FOR AGRICULTURE counser for the Respondent No.11: Gp FoR socrAL WELFARE The Court made the following: ORDER HON'BLE SRIJUSTICE T. VINOD KUMAR WRIT PETITION No.l536 8 of 2025 OR DER: Heard leamed counsel fbr the petitioner' leamed Govemment Pleader fbr Revenue appearing on behalf of respondent Nos' 1' 3., 9 & l0,leamedGovemmentPleaderfbrHomeappearingonbehalfof respondent Nos.2, 4 to 7, learned Government Pleader for Agriculture appearing on behalf of respondent No'8 and leamed Government Pleader for Social Welfare appearing on behalf of respondent No'11' and perused the record'. With the consent of leamed counsel appearing for the 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 are threatening him on the pretext of arrest and seizing his agricultural propefty without registering any crime' without issuing any notice or proceeding, which action of the respondent authorities' it is contended as highly illegal, arbitrary and also in violation of Articles 14, lg,21and 300-A of Constitution of India'

3. Per contra, learned Government Pleader for Home appearing on behalf of respondent Nos.2, 4 to 7 submits that there are two cases 2 I registered against the petitioner herein vide cL.No.6gl2025 dated 29-03-2025 and Cr.No.7l /2025 d,ated,3l_03_2025 on the file of respondent No.5 police Station.

4. Learned Govemment pleader for Home further submits that in both the crimes registered against the petitioner herein. the authorities have issued notice under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita' 2023 and are investigating into the same in accordance with law.

5. Learned Government pleader for Home lurthcr subrnits that the present Writ petition has been filed only to prevent the authorities from conducting investigation into the aforesaicl crimes.

6. I have taken note of respective contentions ur.gctl.

7. Since, it is now stated before this Court that two crimes are registered against the petitioner vide cr.No.6g /2025 clated 29-03-2025 and Cr.No.7ll2025 dated.3l_03_2025 on the flle of.respondenr No.5 Police Station, in which the petitioner herein is already issued with notice under Section 35(3) of BNSS, this Courr is of the view that the respondent authorities are to be directed to conduct investigation into the aforesaid crimes strictly in accordance with law. 3

8. Further, in the event of any new complaint is lodged against the petitioner herein, the respondent authorities are directed to follow due process of law while investigating into the same'

9. Subject to above observations and direction' the Writ Petition is disposed of. No costs.

10. Consequently, miscellaneous petitions' if any' pending shall stand closed //TRUE COPY// Sd/- MOHD. ISMAIL DEPUW REGTSTRAR l'.&' SE N OFFICER ri at' Hyd era bad' Mandal, Mulugu District' '1 . The Principal Secretary, Revenue-Department'^Se-cretariat' T'S''Hyderabad' 2 The Prin ci oal its Secretary, ii" i"?O-"-d"t'e nt :. ihe Ol.triit Collector, Mulugu, lvlulugu Drstrrct -. . "secreta ;. iffi 5;;;;i";b-eni,ii potic'""' ttlulusu' trilulugu Dfstrict' q The circle lnsoector "I P;l#, V;;dlipurim Police Station' Venkatapuram . *:tsi{Xlim,*t 3rt':3:, X1'JsJ,'F:1i31 r,,ton, wazeedu Virrage and 7. The Station House Office, Tadvai Police Station' Tadvai Village and Mandal' r YLi'ts'r?i.Titgri.rttrr" officer, Asriculture Depa(ment' Mulugu' Mulusu g. fht'iii,runre Divisional officer, t\/uluqu' Mulugu District' 10.rhe Tahsitdar, venxatfruir;i'il;;E;i.'V"ni,itrpr* Villase and Mandal, ,,,, Y#j,nEB',t"t:'," officer,rntegrated Tribal Deveropment Authority (lrDA), ' 1, 13.Two ccs to cp ron'HrVe-rriuE.iigh coril for ttie state of Telangana at ,,o f,l,t"'3BTtf'E, FoR AGRrcuLruRE, Hish court ror the state or ' 1s.Two e6s to cp F9d"d66til Wflrnnr, High Court for the State of Etoornaqiram, Mulugu District -d#'iiT;Shr. siEht pnnsAD, Advocate [oPUCr TJlanqana' at Hyderabad [OUTI District. Telangana, at Hyderabad [OUT] '1 6. Two CD CoPies BM PVL To, I HIGH COURT DATED:04 tOTt2}2s -f HE S r{ -_r\a ) 10 srP 21ro * a C.c^"-.,, - t. |,.- I f ORDER WP.No.15368 of 2O2S DISPOSING OF TI wtrHour cosrJE WRtr PETtiloN