✦ High Court of India · 26 Aug 2025

1. S.lMallaiah v. The State of Telangana

Case Details High Court of India · 26 Aug 2025
Court
High Court of India
Decided
26 Aug 2025
Bench
Not available
Length
1,288 words

Counsel for the Petitioners: SRI BARKAT ALI KHAN, REP, l::OR SRI PRABHAKAR CHIKKI,lDU Counsel for the Respondent No.1, 2 & 4 to 6: SRI R.LAXMI['(:ANTH REDDY, AGP FOR HOVIE Counsel for the Respondent No.3: GP FOR REVENUE The Court made the following: ORDER -----v -l THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.38112OF 2016 ORDER: This Writ Petition is filed under Arlicle 226 of Constitution of lndia seeking the following relief ' . ..to issue a writ or order more pariicularly one in the nature of writ of mandamus declaring the inaction of the respondents in application made by the petitioners to the respondents DL14.10.2016 for not to dispossess petitioners from their respective lands in Sy.No.261 of Annaram Village Gummadidala Mandal Sangareddy District in pursuance of the orders of this Honble Court in W.P.MP.No.29243/2016 in W P.No.23741/2016 dated 08.08.2016 as arbitrary illegal unjust unfair mockery unlawful unconstitutional violation of Arlicle 14, 19,21 and 3004 of constitution of lndia and against to the provisions of the A.P Assrgned Lands Probation of Transfers Act, 1977 and the ROR Pattadar and Title Deeds AcL 1971 and Rules, 1972 and board of Standing Orders of Revenue and against to the Catena of Judgment of this Honble Court and an Apex Court and consequently direct the respondents not to inteiere in the subject land of writ petition No.23741nU6 and to pass such other order or orders as this Hon'ble Court may deems fit just and proper in the circumstances of the case . ... "

2. Heard Mr.Barkat Ali Khan, learned counsel for the petitioners and Mr.R.Laxmikanth Reddy, learned Assistant Government Pleader for Home appearing for respondents.

3. Learned counsel for the petitioners would submit that the present writ petition is filed seeking direction to respondents not to interfere or dispossess the petitioners from the subject land. Thus, prayed for necessary directions. / 2

4. Learned Assistant Government preader wourcJ submit that the respondents never interfered with the possession and enjoyment of the petitioners' subject land. He fu(her submits that the respondents would strictly abide by the law.

5. I have perused the materials on record.

6. Having regard to the contentions raised in the petition that the respondents have not considered the representation d;rted 14 10.2016, the petitioners shourd avail the remedies avairabre undr:,r cr.p.c for the inaction of the respondents. A three-judge Bench of the Hon,bre Supreme Court in M. Subramaniam v. S. Janaki & Ofhe,.s (AlR 2020 SC 387) clarified that the appropriate remedy for an aggrievrld person ries in invoking the procedure contemprated under the cr.p c., rather than directly seeking the writ jurisdiction of the High court. rrr the absence of any exceptional or extraordinary circumstances warranr:ng intervention by this court under Articre 226, the rerief sought by the petitioner cannot be entertained

7. ln regard to interference of the respondents in the subject rand, though no cogent materiar is found on record indicating the aileged interference except the pleadings. However, having regard to the jurisdiction of the police in civir matters even durirrg prosecution \ proceedings and the interference is within the purview of civil issues, t -----ai respondents/police are directed not to interfere with the possession or enjoyment, save and except strictly in accordance with law. I costs. To, With the above direction, this Writ petition is disposed of. No Miscellaneous Petitions, pending if any, shall stand closed //TRUE COPYil SD/- C.DEEPIKA ASSISTANT REGISTRAR 6-_ sEcTlox oFFtcER _,/'-.

1. The Principal secretary, to the Home Department, Secretariat, Hyderabad, State of Telangana.

2. The Director General of porice, state of rerangana, Lakdikapoor, Hyderabad. 3. The District collector, sanga Reddy District, Sangareddy town, Terangana State

4. The Superintendent of po ce, Sangareddy District, Sangareddy, State of Telangana.

5. The Sub Divisional Police Officer, District. Ramachandrapur Division, Sangareddy O Ilg . Sub-lnspector of Police, Gummadidala police Station, Sangareddy District.

7. One CC to SRI PRABHAKAR CH|KKUDU, Advocate tOpUCl B. Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad [OUT]

9. Two ccs to GP FoR REVENUE, High court for the state of rerangana at Hyderabad [OUT]

10.Two CD Copies o BS TKS HIGH COURT DATED: 2610812025 -':..- .--..-: ' :- r'a - "1.\r\-,^ . \ ,,. 2:i sEP 2025 ,/., l l t; -i- \,: ORDER WP.No.38112 of 2016 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS o{- m

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