The High Court · 2025
Case Details
Secretariat, Hyderabad. 2. The com missioner, _Rachakonda 3. The Station House Officer, P.S. Madqul, at.Madoul. 4. Mandumula Janaki Rq*q Rao, s/o. llate'M.VenXata Narasimha Rao, Aged about 89 yg?rslocc..Agriculture, R/o. Nagilla village, Madgula tvtano'at, Ranga Reddy District. 5.'"€mt;Manclumuta Eq*g.Dqyi, wo. M.Janaki Rama Rao,aged about 65 years, Occ. Agriculture, R7o. Nagilla Village, Madgula Mandal,'Ra-nqa Reddv bi'striCi.' 6. Mandumula Laxmi Narasimha sravan !{ud'qr, s/o M..fbnaki"Rama {ao, Agea about 5! v9grs.p.cc.. Agriculture, R/o. Nagilla viilage, Madgr.rla-Mjnoat, Ranga Reddy District. T. M.Arun Kumar, S/o. M.Janaki Rama.Rqo,_Aged about 4g years, occ. Agriculture, R/o..Nagilla Village, Madgula Mindal, R.R.Didtriit. ' = --' 8. Mandumula Ravi-(iran, s/o. M.Janaki Rama Rao, Aged about 4g years, occ. '- r--'-' Agricultur:e, B/o. Nagilla Village, Madgula Mandat, n]n.oGtrlct. g. smt. Kaveeshwar.JayjPradg, wo. Dinakar Rao, Aged Major, occ. Not known, R/o. Nagilla Village, Madgula Mandal, R.R.D-istrict. ' 10. smt.-Bo{youla.Rama-Bai, wo. Ehaskar Rao, Aged Majoi, occ. Not known, '11. Mandumula Venkata Rama Rao, s/o. Late M.veniata-Narsirnha Rao, Aged qbout Q vggrs..o.cc. Agricurture, R/o. Nagiila vitiige, t\4 6;r;'M;&i," Ranga Reddy District. R/o. Nagilla Village, Madgula Mandal, n.n.Oi3tri6i :' I I I Q.A, PadmalathT,wlo. M.venkata RamlRao, Aged 66 years, occ. Agriculture, R/o. Nagilla. Village, Madgula Mandal, R.R.Distrlct.
13.M Abhilash, s/o. M.Venkat Rama Rao, Aged 35 years, occ. Agriculture, R/o. Nagilla Village, Madgula Mandal, R.R.Dis-trict.
14. shan Bee, wo..!?19 qlleq JahangirAli, Aged about 72years, occ: Agrl., R/o. H. No. 1 B- 1 2 -41 810 I 43, Hafeezbaba Nagar,-Bandlaguda, Hyd eiabad- 5"0005 g.
15. Syed Uohiuddin,.9/9.^L?!q .9yp! ,tqhanglr Ati, AgeE about 53 years, Occ: Agr1.. flq. H.No. 1 8-1 2 -41glol 43, Hafeeibaba Nigar, Bandlagirda, Hyderabad - 500058.
18. (RR 14 to 18 are impleaded as per Court Order dt: 10.1 1.2025 in lA.No:2/2@4)
19. Smt. Poth
21. Sm t. Nagilla Vi Wo. Late Mandal Sundar, Aged Major, Occ: Household, R/o. , R.R.District. Major, Occ: Household, Rl/o.Nagilla ula Mandal, R. \iraja Wo. Late Gopal Rao, Aged Madgula Mandal, R.R.District.- llirge, Major, Occ: Household,.R/o. (RR 19^to 21'4re brough_t on record as LRs of the deceased Resporident No.9 as per Court Order dt: 10.11.2025 in lA.No.1/2025) 22
24. (RR 22 to.24'are brought No.10 as per Court Order on record as LRs of the deceased Respondent dt: 10.11.2025 in lA.No.1/2025') ...RESPONDENTS Petition r"rnder-Articte 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to grant an order, direction or writ, more so in nature of Mandamus, declaring the action of the 3rd Respondent in interfering into the peaceful possession and enjoyment of the Petitioners over their respective extents of lands in Survey No.328, 329, 476, 477, 4Tg, 4Tg, 481, 482, 4gO, 4g1, 4gg, S05, 5Og, 509, 527,528, 531 , 537,538, 539, 541, 542, 546, 547, SSS and.56g, total admeasuring Ac.91-34 Gts. of Nagilla Village, Madgul Mandal, Ranga Reddy District and trying to dispossess the Petitioners from the said lands, under the *;-,4 l\-\ I I I I : influence of unofficial 4th to 11th Respondents, as illegal, arbitrary and in violation of Artjcle.l4 and 300-4 of Constitution of lndia and also consequenfly, direct the 3rd Respondent not to interfere into peaceful possession and enjoyment of the Petitioners over their respective extents of lands in Survey No.ll2g, 32g, 476, 477, 479,479,4g1,4g2, 4g0,4g1, 4gg, 505, 50g, 50g,527,52g, 531 ,537,53g, 53g, 541,542, 546, s47,553 and 569, total admeasuring Ac.g1-34 Gts. of Nagilla Village, Madgul Mandal, Ranga Reddy District and also direct the 3rd Respondent not. to involve into the civil dispute between the Petitioners and unofficial Respondents in respect of the lands except otherwise in accordance with law, in the interest of justice. lA NO::1'9F"202rt Petition under Section 151 CPC praying that in the circurnstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 3rd Respondent not to interfere into peaoeful possession and enjoyment of the Petitioners over their respective extents of lands in Survey No.32g, 32g, 416, 477, 479, 479, 4g1, 4g2, 4go, 4g1, 4gg, 505, b;ag, 527, 52g, 531, 537,53g, 53g, 541,542,546, s47,553 and 56g, total admeasuring Ac.91-34 Gts. of Nagilla Village, Madgul Mandal, Ranga Reddy District and also direct the 3rd Respondent not to involve into the civil dispute between the Petitioners and unofficial Respondents in respect of the lands e;xcept otherwise in accordance with law, pending disposal of this writ petition, in the interest of justice. '50g, lA NO: 4 OF 2024 : Petition undEr Section isi cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court m;ry be pleased to permit the'petitioners herein to file additional material papers in W.p.No. 16034 of 2024. ,.-\ lA NO: B OF 2O24 Betweeh: 'llillt8lE;f :uxi;fi"xffi ^ Ranga R6ddy t i H ####:tiffi*u*x,t* about 52 years. Ranga Rtioov o 4. M.Arun Kumar. S.lg q4 .l-anaki Rama,Rqo,.{Oe{ about 4g years, Occ. Asricuttu re; R/o. Nasitii Vlr"ii") H,iaog rri, r\aE;Jri-HH. oidtri;i., - --. ":'fi ^iil?#,iyv1f3;x,^5 x#*,r-ffimr-+ffi n'x,r:i :l?fi :i*??,"f '* REspoNDENrs,i;:r11lti?[ElrtJ AND I .i .:... ... RESPON DENTS/PETTTIONE RS
44.M. R/o.
45. M , W/o. M.Venkata Rama la Mandal, Rama Nagilla Village, Madgula Mandal, R.R.Di [A:#ffi;!35 4q"9 66 years, rlcc. Agricutture, strict. years, occ Asricutture, Rl/o. RE s po N D E Nrs * iJrl ?1.?#B=,t17 "., 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 vacate the interim order dated 26-06-2024 in w.P.No.16034 of 2oZ4 in the interest of justice. Counsel for the petitioners: SRI ROHIT POGULA Counsel for the Respondent Nos.1 TO 3: Gp FOR HOME Counselfor the Respondent Nos.4,7,11,12,13: SRI [,f.RAMA RAO counsel for the Respondent Nos.14 To 18; sR| G.v.RArtaer.r niunrHv Codnsel for the Respondent Nos.19 TO 24: -_--- -'- " - I : ; ! '. {.,, ,,X, , ,'r-?F ; i.f',:tli \ THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PEIITION No.16O34 of 20124 ORDER: Aggrieved b.y the action of respondent No.3 in interfering into the peaceful possession and enjoyment of the petitioners over their respective extents of lands in Survey Nos.328,329,4i'6,477,478,479, 4gl, 492, 49O, 491, 498,505, 508, 509, 527, 523,531, 537,538, 539, S4L, 542, 546, 547, 553 and 569, total admeasuring Ac.91-34 guntas of Nagilla Village, Madgul Mandal, Rangareddy District and trying to dispossess the petitioners from the said lands under the influence of unofficial respondent Nos.4 to 11, the present writ petition is filed. A consequential prayer is sought to direct respondent No.3 not to interfere into the petitioners'peaceful possession and enjoyment of the petitioners over their respective extends of lands in the aforesaid survey numbers and to direct respondent'No.3 not to involve into the civil dispute between petitioners and unofficial responds in respect of the lands except otherwise in accordance with law.
2. Heard Mr. Manideep, learned counsel representing the learned counsel for the petitioners on record and Mr. M.Rarna Rao, learned counsel appearing for the unofficial respondents.
3. Learned counsel for the petitioners submitted that the p-etitioners are the owners and possessors of their respective extents of 2 land as stated supra and are eking their livelihood by doing cultivation. The respondent No.3 under the influence of the unofficial respondents is harassing and threatening the petitioners to stop cultivating the lands and to vacate the s€une, otherwise they will be forcefully dispossessed from their lands. Aggrieved by the acts of respondent No.3, the petitioners are constrained to file this writ petition.
4. Learned counsel for the official respondents filed a memo stating that Assistant Commissioner of Police, Ibrahimpatnam Division, Rachakonda Commissionerate submitted a requisition on 02.05 .2024 reporting that several F.I.R.s has been registered between 2022 and, 2024 involving tJle petitioners and some of the unofficial respondents over the same disputed lands. He requested initiation of proceedings under Section L45 Cr.P.C. to maintain peace until the dispute is resolved. Pursuant thereto, a report was obtained from the Tahsildar, Madgul Mandal, uide Lr.No.B/ 4s6/2023 dated 22.os.2o24, recommending Plomulgation of Section 145 Cr.P.C. in respect of the disputed lands, wherein both parties are claiming rights over an extent of Ac.180-04 guntas in the aforesaid survey numbers.
5. In view of tJle sarne, the Sub-Divisional Magistrate & Revenue Divisional officer (for short 'RDo'), Ibrahimpatnam Division, Rangareddy Division passed the order in proceedings No.B/962/2024, dated 22.05.2025, which reads as follows: , : ./ / / 3 "As the lant and order arose ouer the subject rands and. to maintain peace and tranquility ouer the subject land.s beaing in Surueg Nos.328 to 330, 476 to 479, 491, 482, 491, 497 to 5O5, 5O7 to 5O9, 527, S2B, SSl, 536, S3g to 542, 544, 546, 547, 55O, 553, 557, 561, 562, 565, 566, 568 and" 569 situated. at Nagilla village, Madgul Mandar, Rangared"d.y District, I, K-Anantha Reddg, sub-Diuisional Magistrate - cunt - Reuenue Diuisional officer, Ibrahimpatnam Diuision, hereby promulgate section 145 cr.P.c. restraintng att the parties to enter into the subject lands and create ang law and. ord"er problem, tiil final orders passed in the matter. The Talsild.ar, Madgul Mand.al, Rangared.d.g District, is h.erebg directed. to take ouer possession of the subject lands under couer of panchanama and" keep the lands under his safe custodg. He is also d.irected not to allow anA encroachments ouer the subject lands." \ \ 6 Section 145(5) of Cr.p.C. reads as follows: "Nothinq in thb section shall preclud.e any partu so rczquired. to attend, or anu other person interested., .from showinq thot no such dispute as aforesaid exisfs or has existed.; oni in such case the Maqistrate shalt cancel his said order, and. ctll.funher proceedinqs thereon shatt be staued, but subiect ti such cancellation, the order of the Magistrate und.er sab-section (1) shall be final. 7 ' Having regard to the submissions made by the learned counsel on either side, and on perusal of the proceedings lvo.B /96212024, dated 22-05-2025, the petitioners are granted liberty to approach the concerned Sub-Divisional Magistrate & Revenue Divisional Officer, Ibrahimpatnam Division, by invoking Sub-Section (5) 6f Section 145 of cr'P'c' to establish their case, who inturn shall issue notice to a]l concerned including that of the unofficial respondents in this writ f 4 petition, and after granting sufficient opportunity of hearing, shatl pass appropriate orders strictly in accordance with law.
8. In view of the said order passed by the competent authority, this Court does not see any reason to entertain the present writ petition in its existing form.
9. With the above observations, this writ petition is disposed of, granting liberty as stated supra. There shall be no order as to costs. As a sequel thereto, miscellaneous applications if any pending, in this petition, shall stand closed. \ d/-P .PONNA KRISHNA REGISTRAR //TRUE COPY// SECTION OFFICER To The Secretary, Home Department' At Secretariat' 1 yderabad, State of ,. Tf;5t%?if i.rion"r, Rachakonda Police commissionerate, Hvderabad' ?,it:[B'll;*tas+]E53q"ix1?:l"i!T6Fi,rt, 3. il; cc i; SRiivrlnnrrln RA9,.4!yocate toPUCI 6. one cc to sRl 6.V.riXrired rviyry'rHv' Advocate IoPUCI 7. Two CCs to GPigi"tjiiiyie, ijign Co1irt for the St-ate of Telansana' at 8. Trfuo CD CoPies Hvderabad' IOUTI PSK. PMK / / HIGH COURT , t. DATED:1b'1:I 12025 ORDER WP.No.1ffi34 oY 2A24 ..: !!'..,..' I ,:J 0 2 trl L?fi i, ,l .t ,"\ .4r,Tr;iii:: .x. DISPOSING OF THE WRIT PETITION WITHOUT COSTS