High Court · 2025
Case Details
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THE HONOURABLE SRI JUSTICE T.VINOD KUMAR WRIT PETITION NO: 17862 OF 2025 Between: Prakash Chand Jain, 9o. Vimal Chand Jain, Aged about 47 years, Occ. Goldsmith, F/o. H. No. 22-2-2OOl1 , Dabeerpura, Noorkhan Bazar, Hyderabad- 24. ...PETITIONER AND 1 2 J The State of Telangana, Rep by its Principal Secretary, Home Department, Secretariat, Hyderabad. The Director General of Police, Telangana police having office at Lakdikapool, Hyderabad. The Commissioner of Police, Cyberabad City Police, Having office at Shanthi Nagar, Kukatpally, Hyderabad, Telangana-5000 72.
4. T e.Station Flluse Officer. Raiendernag4l Police Station, Rajendernaga!.. ____ 5. Mr. Srinivas, S/o. Not known to the Petitioner, Aged Ma.;or. Occ. lnspector of Police At Rajendemagar Police Station.
6. lr1r. Vasanth, S/o, Not known to the petitioner, Aged lvlalor, Occ. Police Constable. ...RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction, more particulady one in the nature.of WRIT OF MANDAMUS declaring the action of the respondents M. 4 to 6 in interfering with the civil disputes concerning plots No_ 181, 182, 183, 1 88, 1 89, 190 in Sy. No. 1ztg, situated at Saibabanagar Colony, Kismatpur Village, Gandipet Mandal, R.R. District as illegal, arbitrary. high handed and contrary to law and in violation of Article 300-4 of the Constitution of lndia, and consequently direct Respondent No.4 to 6 not to interfere in civil disputes concerning plots No. 181 ,182' 183, 188, 189, 190 in S) No 149' situated at Saibabanagar Colony, Kismatpur Village, Gandipet Manda ' R R District' IA NO :1OF 2Q25 Petition under Section 151 CPC praying that in thrr circumstances stated in the affidaviq filed in support of the petition, the High Cc'urt.may be pleased to directtheRespondentsNo.4to6nottointerfereinthepropertyrelatedcivil matter concerning plots No. 181, 182,183,188, 189, 190 in Sy No 149' situated atSaibabanagarColony,KismatpurVillage,GandipetMandal'R'RDistrictand not to harass the petitioner pending disposal of this writ petition' Counsel for the Petitioner: Ms. TALAT MADIHA, REP' FOR SRI S'J'A'NADEEM Counsel for the Respondent No.1 to 4: GP FOR HOME The Court made the following: ORDER I! r THE HON'BLE SRI WSTICE T. VINOD KI'MAR WRIT PETITIOIII NO.17862 OF 2025 ORDER: Heard Ms. Talat Madiha, learned Counsel representing M/s. S.J.A. Nadeem, learned Counsel for the petitioner, learned Government Pleader for Home appearing on behalf of respondent Nos.l to 4 and u,ith the consent of learned Counsel 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 unoffrcial respondent Nos.5 and 6 is not necessary for adjudication of t1.e present Writ Petition.
3. The case of the petitioner, in brief, is that the respondenl Nos.4 and respondent Nos.S and 6 who are arrayed by name and discharging the duties as Inspector of Police and Police Constable in the 4th respondent police station are interfering in the civil disputes in respect of the property bearing Plot No. 181,182, 183, 188 to 190 in Sy. No'149 each admcasuring 2O0 square yards in aII totaling to 1200 square yards situated at Saibabanagar Colony, Kismatpur village, Municipal Corporation o[ Bandlaguda Jagir, Gandipet Mandal, Ranga Reddy District, 2 which action of the respondents, it is contende,l as highly illegal and arbi trary.
4. It is the further case of the petitioner thal the petitioner is a registered AGPA of one B. Sathi Reddy and B papi Reddy uide document No.365l of 2O1O dated 24.12.2O10 rnd on the basis of the aforesaid AGPA, he had sold the subject land in favour of one Mr. Mohammed Asifuddin and Mr. Shadzrb Tajuddin urde registered sale deed dated O8.01.2025.
5. Per contra, learned Government Pleader for Home appearing on behalf of respondent Nos.1 to 4 would submit that one M. Sobha had approached the 46 respondent authoriqz and lodgerl a complaint against the petitioner on 16.O5.2025; and that the respondent authorities on receiving the aforesaid complaint after causing preliminary enquiry have registered a case r.,ide Crime No.536 of 2025 16.05.2025 on the frle of 4e respondent against one Khaleel and ot]rers under Sections 3 i6(2), 3 1 8(4), 329 (3]', 324(4), 338, 336, 42O, 3lj 1 read with 3(s) of BNS and took up investigation into the matte:.
6. Learned Government Pleader further submits that during the course of investigation into the aforesaid crime, the authoriLies have noticed the involvement of the petitioner in the J commission of the aforesaid crime and as such is presently a suspect in the aforesaid crime, while the authorities are conducting further investigation into the role and involvement of the petitioner. 7 . Learned Government Pleader further submits that it is for the purpose of causing investigation into the involvement of the petitioner in the commissicn of the aioresaid crime, the respondent authorities had called the petitioner to the police station. Learned Government Pleader submits that except causing investigation into the aforesaid crime registered, wherein the petitioner is presently a suspect, the respondent authorities are not interfering in any civil dispute that may exist in relation to the subject Iand being claimed by the petitioner.
8. The aforesaid submission made by the learned Government Pleader for Home is taken on record.
9. ln view of the aforesaid submission arrd taking note of the fact that the respondents authorities, based on the complaint made by one Ms. M. Sobha, have registered a case uide Cr.No.536/2O25, dt. 16.05.2025 wherein the petitioner is presently a suspect, this Court is of ttre view that the respondent auLhorities are to be directed to conduct I 4 t rnvestigation into the aforesaid crime strictly in accordance with law and take further action.
10. Subject to the disposed of. No costs. above, direction, the Writ petition is Miscellaneous petitions, i1 aly, pencling in the Writ Petitlon, shall stand closed. //TRUE COPY// SD/- B. REKHA RANI ANT REGISTRAR ECT]ON OFFICER I
1. The Principal Secretary, Home Departmunt, S""r"\ Telangana. iat, Hyderabad, State of To, General of Police, Telangana police having office at Lakdikapoot, ' I?:"?ffi:l"r 3' The commissioner of porice. Nasar, Kukatpaily. Hyderabad, f ;tail;;a:5ii0bii"", ,cyberabad city porice, .raving office at Shanthi
4. The Station House Officer, Rajendernagar police Station, Rajendernagar. 5. One CC to SRt S.J.A.NADEEM, Advocare [OpUC] t ly8"r:ff.lbcP FoR HoME, Hish court ror the state of rerangana at
7. Two CD Copies BSR GJP I I i i j i i l i ) I I I i l HIGH COURT DATED:2610612025 ORDER WP.No.17862 of 2025 17 SEI M (i' * Dr _{ :l .i -;/ .'L,' l , DISPOS!NG OF THE WRIT PETITION, WITHOUT COSTS /o 4z * -5