tr/is THOPUDU BANDLA CHIRU VYAPARULA SANGAM v. The State Of Telangana

Petition under Anide 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, Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents involving in the civil disputes, trying to dispossess and harassing the members of petitioner's society by calling to the police station and detaining them without following due procedure as illegal, arbitrary, unconstitutional, violative of principles of natural justice and violative of Article 21 of the constitution of lndia and consequently direct the respondents not to involve in civil disputes, harass the petitioners without following due procedure as contemplated under law. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circJ nstances stated in the affidavit filed in support of the petition, the High Court may I e pleased to direct respondents not to involve in the civil disputes and not to hil,ass the petitioners society members by calling to the police station Without follow r g due procedure of law, pending disposal of the Wiit Petition. Counsel for the Petitioner : SRI J.K.RANJIT KUMAR Counsel for the Respondents: ASST. GP FOR HOME The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI WSTICE N.V.SHRAVAN KTIMAR WRIT PETITION No.192E7 of 2o24 DATE OF ORDER: O9.L2.2O25 Between: M/s Thopudu Bandla Chiru Vyaparula Sangam registered before the Registrar of Societies under Registration No.1221 of 2018 represented by its President Smt. Katakam Sunitha. ...Petitioner AND The state of Telangana, represented by Principal Secretary, Home Department, Secretariat, Hyderabad and two others .,.Respondents ORDER: Heard learned counsel lor the petitioner and learned Assistant Government Pleadcr for Home appearing for respondent Nos.1 to 3. With their consent, this writ petition is being taken up for disposal.

2. This writ petition is filed questioning the action of the respondents involving in the civil disputes, trying to dispossess and harass the members of the petitioner's socie[r by calling to t]re police station and detaining them without following due procedure as being illegal, arbitrary, unconstitutional, violative of principles of natural justice and violative of Article 21 of the Constitution of Indra and seeking a consequential direction to respondents not to involve in civil 2 E disputes, harass the petitioner without tollowing lue procedure as contemplated under law.

3. Learned Assistant Government pleader appe I .ing for Home has placed the written instruction submitted by th,. Sub_lnspector of Police, Shamirpet Police Station, cyberabad commr sionerate wherein it is submitted that 3rd respondent is not involvirr 1 in civil disputes and not trying to dispossess the petitioners and rot harassing the giv:r Iiat Crime No.361 Girci rar of Shamirpet members of the petitioner,s societ5r. It is submitted of 2023 dated O3O9.2023 one D. Kumar, Mandal, Medchal-Malkajgiri District has t:omplaint on o3.o9.2o23 stating that on o3.og.2o23 at aroun. o7:30 hours the villagers of Upparapally vilage, Shamirpet Mandal r ave informed that around 200 members were illegally encroached thr: land in Sy.No.g37 of Shamirpet which belongs to Government, in ttrrs regard as per the instructions of Thahsidar, Shamirpet Mandal, whil: he was inspecting the land in Sy.No.837 of Upparapaly is observed or r flex1y inscribed as "Thopudubandla Chiruryaparula Sangam,, register: I No.1221 of 2Olg and about 20O members erecting huts in the sar<l and while he was causing enquiries meantime the said persons at1( mpted to kill him with darrgerous weapons, forLunately he escaped f om their clutches and sought for necessary action against the encro I :hers and persons who attempted to kill the said D. Kumar. It is fur_t er submitted that based on the contents and description of complai-,, the Inspector of Police registered a case in F.I.R.No.36 | of 2023 I r cler Sections 447, 3 427, 3O7, 353 read with 34 of IPC and Section 3 of PDPP Act and investigation is entrusted to S.I of Police and during the course of investigation, A-1 Katakarn Ashok was arrested on O4.O9.2O23 arrd, sent to judicial custody. The Sub-Inspector of Police served 41-A Cr.P.C notices to A-2 to A-5 on 18.OL.2O24. After completion of I I investigation, charge sheet was frled before the Hontrle VII Additional Metropolitan Magistrate at Medchal, Cyberabad on 31.01.2024 vide C.C.No.158 of 2024 and it is pending trial. It is submitted that except conducting investigation in the above crime, the 3'd respondent did nol interlere into any civil disputes and did not try to dispossess the petitioner and did not harass the members of the petitioner's societ5z.

4. Learned Assistant Government Pleader appearing for Home fairly submits that petilioner is thc President of the petitioner's sociely however, some of the members o[ the petitioner's society are arrayed as accused in the said crime.

5. In that view of the matter, this writ petition is disposed of with consent directing the members of the petitioner's society who are arrayed as accused in Crime No.361 Station to co-operate with the investigation and respondent of 2023 of Shamirpet Police authorities to follow due procedure as contemplated under law for further course of action.

6. With these observations, this writ petition is disposed of with consent. 4 Miscellaneous applications, if any pending, shr I stand closcd No order as to costs. !- \ \1 -\. '\ I -l //TRUE COPY// I DIMOHD.ISMAIL r rlrY REGTSTRAR DE r ''----.------_ 1=\rroru oFFtcER To, 2 J 4 The Principal Secretary, Home Department, Secretariet, 1 t langana State, Hyderabad The Commissioner of Police, Cyberabad Commissioneral€ The Station House Officer, Shamirpet Police Station' Mec r ral-Malkajgiri District. One CC to SRI J.K.RANJIT KUMAR, Advocate' [OPUCI Two CCs to GP FOR HOME, High Court for the State of I- rlangana [OUT] b Two CD Copies. BSK BS i I HIGH COURT DATED:0911212025 r\E STAIF ---i a)'' C,J I t s- / o trAc ORDER WP.No.19287 o12024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS q 1 1A Vt