High Court · 2025
Case Details
Acts & Sections
Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue an appropriate writ, order, or direction, more pa(icularly one in the nature of a writ of Mandamus, decraring the action of the Respondents 2 to 5 ...RESPONDENTS not to interfere with the civil dispute and personal liberty between the petitioners and respondent 6 to 9 in the respect of land Sy. No 316 an extent of Ac. 1- 00 gts and Sy. No. 316 /1 an extent of Ac. OO- 39 gts situtated at Vemula Village, Musapet Revenue Mandal, Mahabubngar District, is illegal, arbitrary, and volation of the fundamental rights guaranteed under the Constitution of lndia and without the jurisdiction and consequently direct the respc,ndents not to interfere with the civil disputes and personal liberty between the petitioners and the respondents No 6 to 9 and in the respect of above said lands. lA 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 respondents 3 to 5, not to interfere with the civil disputes and the personal liberty between the petitioners and the respondents 6 to 9, and in the respect of the land Sy. No 3'16 an extent of Ac. 1- 00 gts and Sy. No. 316 /1 an extent of Ac 00- 39 gts situtated at Vemula Village, Musapet Revenue Handal, Mahabubngar District Pending disposal of the main mini petition and pass Counsel for the Petitioners: SRI SHANKARAIAH GOBBURU Counsel for the Respondent No.1 to 5: GP FOR HOME The Court made the following: ORDER i I HON'BLE SRI JUSTICE T. VINOD KUMAR WRIT PETITION No.15918 of 2O25 ORDER: Heard leamed counsel for the petitioner and learned Govemment Pleader for Home appearing on behalf of respondent Nos. I to 5, and perused the record. With the consent of the leamed counsel appearing for the respective parties, the Writ Petition is taken tup fbr hearing and disposal at admission stage ). I laving regard to the nature of /ls involved and the manner ol disposal of the Writ Petition at the admission stage, this Court is of the vie,u, that notice to unofficial respondents is not necessary lor adjudication of the present Writ Petition. l. fhe case of the petitioners in brief is that respondent Nos.2 to 5 arc intert'ering with the civil disputes and also with thc pcrsonal [if-c and liberty of the petitioners without therebeing any case registered against the petitioners and also involving themselves in civil disputes u hich are subject matter of suit vide O.S.No.50/2024 rvlierein an order ol' in-iunction has been granted in favour of the petitioners by the cornpetent Court of civil jurisdiction on 06-02-2024, extended till 2 lO-07-2025, which action of the respondent authoritLes it is contended as itlegal, arbitrary and without any authority and sanction of law.
4. Per contra, leamed Govemment Pleader for Home appearing on behalf of respondent Nos.l to 5 would submir. that though, the unofficial respondents did not approach the respondent authorities and lodge any cornplaint against the petitioner herein, one Mr.Moin Pasha had approached the lespondent authorities and lodged complaint on O9-96-/025 and based on the aloresaid cornplaint, the authorities have registered a case vide Cr.No.82/2025 under Section 329(3) and32a@) of Bharatiya Nyaya Sanhita, 2023 (BNS).
5. Loarned (iovcrnrnent Plcader would further r;ubmit that on the aforesaicl clinrc bein-q r-c-gisteled on the file of the :ith respondent, the petitioners rvclc called to the Police Station for the purpose of investig;rtion into thc atbresaid crime and that the respondent authorities ale not interf'eriug in the civil disputes between the petitioners and unofficial respondents in the present Writ Petition.
6. Lt:arnetl (lor emLneuL Pleader would firrther submit that the respond<:nt authorities crccpt investigating into the aforesaid crime 3 registered basing on the complaint made 5y Mr.Moin Pasha, are not interfering in the civil disputes.
7. The aforesaid statement made by the leamed Govemment Pleader fbr Home is taken on record.
8. Having regard to the submissions made as above, and taking note of the tact that a case is registered against the petitioners vide Cr.No.82/2025, this Court is of the view that the respondent authorities are to be directed to conduct investigation into the alorcsaid crime strictly in accordance with law without involving thcmselvcs in the civil disputes between the petitioners and unofficial respondents, which subject matter of suit O.S.No.50/2024.
9. Subject to above observation and direction, the Writ Petition is disposed ol. No costs.
10. Consccluently, miscellaneous petitions, if any pending shall stand c losed To, //TRUE COPY// SD/-N. SRIHARI PUTY REGISTRAR SECTION OFFICER
1. The Principal Secretary, Home Department Secretariat, Hyderabad. State of Telangana-
2. The Superintend of Police, District Mahabubnagar 3 The Divisicnal Superindent of Police, District Mahabubnagar 4. The Circle lnspector of Police, Boothpur, Mahabubnagar District. 5. The Station House Officer of Police, tVloosapet, Mahabubnagar District. --7 I 1 t I
6. One CC to SRI SHANKARAIAH GOBBURU' Advocate IOPUCI 7 Two CCs to GP FOR HOME' High Court for the State of Telangana at HYderabad [OUTI S.Z/Jwo CD CoPies HIGH COURT DATED:1310612025 ORDER WP.No.15918 of 2025 ,,' -. t, 1i sEP M o ill; ' . r-(.,-,''1 '..,1 t,y' DISPOSING OF THE WRIT PETITION, WITHOUT COSTS lZ 4 .'g 4,', Zlg