1. Pothu Raju Sulthan' S/o Pullaiagh' age about 72 veats v. 1. The State of Telangana
Case Details
Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith' the High Court may be pleased to issue a Writ or order more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 3 and 4 in interfering with peaceful possession' enjoyment, day to day business and life of the petitioners and in respect of the petitioners landed property i'e Agriculture land in Sy'No'54 anextentofAc.2.00gts,situatedatSomasillaRevenueVillage,kollapurMandal, Nagarkurnool District, at the instigation of Sth respondent that too without following due process of law into civil disputes pending between the petitioners and 5th respondent before the various forums as illegal, Arbitrary, unjust and against the provisions of BNS and BNSS Act 2023 and also against Article 14,16,19,21 and 3004 of constitution of lndia l.A.NO:10F 2025 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 Respondents 3 and 4 not to interfere with peacefur possession, enjoyment, day to day business and rife of the petitioners and in respect of the petitioners landed property i-e. Agricurture rand in sy. No.54 an extent of Ac.2.00gts, Situated at Somasilla Revenue Village, kollapur Mandat, Nagarkurnoor District, at the instigation of 5th respondent that too without following due process of raw into civir disputes pending between the petitioners and 5th respondent before the various forums forthwith pending disposar of the write petition. Counsel for the petitioners : SRI KARUNAKAR REDDy Counsel forthe Respondent Nos.1 to 4: Gp FOR HOME Counsel forthe Respondent No.S: -- The Court at the stage of admission made the fo owing ORDER a:: i THE HON'BLE SRI JUSTICE T. VINOD KUMAR WRIT PETITION No. t7730 0F 20.25 ORDER: Heard learned Counsel for the petitioner, learned Government Pleader for Home appearing on behall of respondent Nos. 1 to 4 and with the consent of learned Counsei appearing for the parties, the Writ Petition is taken up for hearing and disposal at the stage of admission' 2. Having regard to the nature of lis involved and the manner of disposal of the Writ Petition, this Court is of the view that notice to unofficial respondent No 5 is not necessary for adjudication of the present Writ Petition.
3. The case of the petitioner, in brief, is that the respondent Nos.3 and 4 are interfering with the peaceful possession of the petitioner over agriculture land in Sy. No'54 to an extent of Ac.2.O0 gts. situated at Somasilla Revenue village, Kollhapur Mandal, Nagarkurnool District at the instigation of 5ft respondent without following due process of law, thereby amounting to respondent authorities involving in civil dispute without any authorit5r or sanction of law and as such to declare the action of the. respondent Nos.3 and 4, as being illegal, arbitrary, unjust and contrary to the provisions of BNSS and 2 : \..; !.Iroti \ . 'i{ +r! ". ,.}.-.r.l', t.., I \..:. \5 \ '.':
1. \..i \ also against Articles 74, Constitution of India. 16, 19, 21 and 3OO-A of rhe
4. Per contra, learnecl Government pleader for Home appearing on behalf of respondent Nos. 1 to 4 u,ourd submit that the 5h respondent herein had approachecl the respondent authorities and lodged a complaint against the petitioner on 02.O5.20'25; and that the respondent authoriLies on receiving the aforesaid compiaint havc made a G.D. ent4r and took up preliminary enquiry.
5. learned Government pleader further submits that the respondent authorities during the course of preliminary enquiry having noticed that the dispute between the pc[itioner and the unofficial respondent being in relation to the land and the saicl dispute being civil dispute have closed the aforesaid complaint on 12.05.2025 as ,civil in nature. and issued intimation of the action taken to the complainant through pMS.
6. Learned Government pleader further submits that the au-thorities except causing preliminary enquiry into the complaint lodged by the unofficiar respondent herein against the petitioner on 02.O5.2025 are not involving themselves into the civil dispute or interfering with the petitioner,s possession over 3 the land to an extent of Ac.2.O0 gts. in Sy. No.S4 situated at Somasilla Revenue village, Kollhapur Mandal, Nagarkurnool District. I
7. The aforesaid submission made by the learned Government Pleader lor Home is taken on re'cord.
8. In view of the aforesaid submission and since it rs now stated to this Court that the respondent authorities except for the purpose of causing preliminary enquiry into the complaint lodged by the unofficial respondcnt hcrein on O2.05.2025 which has been closed on 12.05.2025 as , ciuil in nature, and are not interfering with the civil disputes, this Court is of the view that the respondent authorities are to be restrained from interfering in the civil dispute, including possession of the petitioner over the subject land except in accordance u,ith iaw.
9. Subject to the above, direction, the Writ petition is disposed of. No costs Miscellaneous petitions, if any, pending in the Writ Petition, shall stand closed. //TRUE COPYII SdL M. NAGAMANl A SISTANT REGISTBAR: SECTION OFFICER retary, State of To e Telangana at Hydera bad
1. The Principal Secreta ry, Home and Law Deportm t Sec 2. The Superintendent of p-olice, Nagarkarnool District at Nagarkarnool. 3. The Circle Inspector of police at (ollpur, Nagarkirnot District. 4. The station House offic^er, Kolrapur porice siation, trtagarKarnoor District 5. Two CCs to Gp FoR HOME, Hidh court for the state 5f Tei;;g;n; ;i -' 6. One CC to SRI KARUNAKAR REDDY, Advocate tOpUCl 7. Two CD Copies SA +{ Hyderabad. [OUT] PVL ..- --- ! ..i -- .r.alt?--{ I I M HIGH COURT DATED:2510612025 ./,.1: '' 6::1..-)t1 ..4 ,) 22 \'. ,.. \.. ,\ [u$ 2025 ]r '.',) ;: ,/ .,,/ ORDER WP.No.17730 of 2025 f ',:-.1 . i.i. , -:' DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. @ ?b