IqBAL_SI]IGLi v. State of Telanqana. Reo
Case Details
Acts & Sections
5. The Station House officer, Borabanda porice station Borabanda, Hyderabad. 6. Sri G. Vinod_Kumar, S/o. Blaraju, aged 40 years. Oce Business, R/o. 1_9_87, Rasoolpura police Lines. Secundera"bad_Sbd b0C. -
7. Smt. Gali Vara Lakshmi, W/o. Sri G. Vinod Kumar, aged 31 years. Oce llpusehold, R:/o. 1-9-87, Rasoolpura pofice f_ines, Secunderabad-S00 003. ",,.;.f 'ffi:,'.zx :fi ff fl fl ,iji' ;[: T r &"i#' 38 ve a rs' o cc B u s i n e ss' R'/o 9. P.L.Nag_esh, .S/o. p.Lakshminarayana, aged 46 years, Occ. Business, F/o. 10-1-6t0/i. Nehru Naoar, Opp'Stat'e 6i"t of nfvib;,W";i N/;;;p;it;: Secunderabad-SO0 026" ...RESPONDENTS 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 a Writ order or direction more particurarry one in the nature of wRlr oF MANDAMUS decraring the high handed action of respondent No 2, to 5 mainly the Sth respondent interfering in the civil disputes to support the other respondents No. 6 to 9 when the suit vide o.s.No. 44 of 2o2s interrupting the possession and threatening by the Sth respondent to implicate the petitioner in the false foisted criminal cases is without jurisdiction or authority , bad in law, illegal , arbitrary and violating the natural justice illegal violative of Art 21 of the .constitution of lndra coNSEeuENTLy direct the respondents No. 2 to 5 refrain and not to interfere in the civil disputes pending between the petitioner and the respondents No. 6 to g in subject lands, o.S.No. 44 of 2o2s pouring the threats foisting false cases. lA NO: 1 OF 2025 Petition under Section 15i cpc praying that in the circumstances stated rn the affidavit filed in support of the petition, the High court may be pleased to direct the respondents No. 2 to S..refrain and not to interfere in the civil dispules pending between the petitioner and the respondents No. 6 to g in subject lands, o.S.No- 44 of 2025 pouring the threats foisting false cases pending disposal of the above writ petition. Counsel for the Petitioner : SRI G.V.S.S.SRUTHI Counsel for the Respondents No.1to5 : Gp FOR HOME Counsel for the Respondents No.6to9 : -- The Court made the following: ORDER q THE HON'BLE SRI JUSTICE T. VINOD KUMAR W.P.No. 187OO of 2o25 ORDER: Heard learned counsel for the petitioner, leamed Government Pleader for Home appearing for respondent Nos.l to 5, ald with the consent of the counsel appearing for the respective parties, the Writ Petition is taken up for hearing ald disposal at admission stage.
2. Having regard to the nature of lis involved and the marner of disposal of the writ petition, this Court is of the view that notice to unofficial respondent Nos.6 to 9 is not necessary for adjudication of the present Writ Petition
3. The case of the petitioner, in brief, is that he is the owner and possessor of house bearing No.8-4-371/C/ 16 admeasuring 423 sq. yards in survey No.128/l situated at yousufguda, Hydelabad, under an agreement of sale entered intc with the 6tr, respondent and being put in possession thereof.
4. It is the further case of the petitioner that on the unofficial respondent No.6 not coming forward to execute a registered convey€rnce deed in his favour, though is put in possession, the petitioner had approached the competent Court of Civil I 2 -!l jurisdiction and filed a suit uide O'S'No '44 of 2O25 seeking specific performance of the said agreement of sale and the same is pending consideration.
5. Petitioner further contends that during the pendency of the aforesaid suit filed by the petitioner' the 5th respondent is interfering in the civil disputes in relation to the aforementioned property at the behest of respondent Nos'6 to 9 and coercing the petitioner to settle the said property in favour of the said respondents, which action' of the respondents-authorities it is contended as highly ill6gal, arbitrary and' without authority and sanction of law.
6. Per contra,Iearned Government Pleader for Home appearing on behalf of ofhcial respondents while denying the writ averments would submit that one ltikala chiranjeevi had approached the 5ft resf,ondent-authority arrd lodged a complaint dt'22'06'2024 against the 6th respondent herein in respect of house No'8-4- 37 llCl14 of Yousufguda, Hyderabad; and that the respondents- authorities based on the aforesaid complaint' have registered a case uide Crime No.49312024 and took up investigation into the SAINC 3
7. learned Government Pleader further submits that since, the complaint given by Itikala Chiranjeevi is in relation to altogether a different property to that of the property being claimed by the petitioner, the respondents-authorities are not interfering with the property bearing House No.8-4-371/C/16, Yousufguda, Hyderabad, 1n respect of which the petitioner claims to have instituted a suit seeking specific performance of agreement of sale.
8. Learned Government Pleader further submits that the petitioner apprehending that the respondents-authorities may initiate action against the petitioner in respect of the sale of the said property at the behest of the 6th respondent has filed the present Writ Petition making false allegations.
9. Learned Government Pleader further submits that the authorities except causing investigation into the crime registered uide Cr.No.493/2024, against the 6th respondent herein based on I the complaint made by one Itikala Chiranjeevi, are not interfering with the possession of the petitioner over the aforementioned \ house property.,
10. The aforesaid submission made by the learned Government Pleader for Home is taken on record. I I 4 \
11. In view of the aJoresaid submissions and since' it is stated that a complaint having been lodged with the 5ft respondent against the 6th respondent herein by one Itikala Chiranjeevi' based on which the respondents-authorities having registered a case uid-e Crime No.493 12024, dt.22.06.2024, and the property involved in the said crime is altogether a different property i'e' house bearing No.8-4-371 lCl14 of Yousufguda' Hyderabad' this Court is of the view that tho respondents-authorities are to be directed to conduct investigation into the a-foresaid crime, strictly in accordance with law, without interfering with the petitioner's possession over the p.oiilrty bearing House No'a-4-37llC/16' Yousufguda, Hyderabdd, which is subject of a suit uide OS'No'44 of 2025 before the competent Court of Civil jurisdiction' ' t2. Subject to the above direction, the Writ Petition is disposed of. No order as to costs
13. Consequently, miscellaneous petitions, if any' pending shall stand closed. //TRUE COPY// SD/-MOHD. ISMAIL EPUTY REGTSTRAR SECTTON OFFICER To, The Principal Secretary (Home Department) Secretariat State of Telangana' 1 Hyderabad. Hyderabad.
2.TheCommissionerofPolice,Hyderabadcity,C.C.C.BaniaraHills, 3. The Dy. Commissioner of Police' West Zone' Masab Tank Hyderabad' 4. The Asst Commissioner of Police' ' S'R' NAGAR Division' S'R Nagar' Hyderabad :'
5. The Station House Officer, Borabanda police Station Borabanda, Hyderabad 6. One CC to SRI G.V.S.S.SRUTHI, Advocate. [OPUC] 7. Two CCs to Gp FOR HOME, High Court for the Statre of Telangana. [OUT] 8. Two CD Copies. BSK GJP \ i ., _- !. n,,,-jj- ij HIGH COURT DATED:0310712025 \ iI i) ! '-.) 1Hl: c 1,1 RL\ 10 JUr 206 c) * lrl\-fCF\k-o * t ORDER WP.No.18700 of 2025 t DISPOSING OF THE WRIT PETITION WITHOUT COSTS t L0 v(