High Court · 2025
Case Details
Acts & Sections
7. fVlohammad fMasooma Farheen, W/o ltr'lohammed Vasiq ur Rahman, (Ar'lohammad Maasima Farin as per FIR) Occ. Housewife, Aged . 51, Rl/o. H. No.2-49,Gundlasingaram, Hanamkonda, TG (Accused No.8). 8, [Vlohammed Abrar ur rahman, S/o Mohammed Vasiq ur Rahman, Occ. Self- employed, Aged. 29 years Fl/o. H. No..2-49,Gundlasingaram, Hanamkonda, TG (Accused No.9) .....PETITIONERS AND 1 The Statq of Telanga.ria, Department of Home, rep. by its Principal Secretary, Secretariat, Hyderabad.
2. The Director General of Police, Telangana State Police Head Quarters, Telangana - 500004.
3. The Commissioner of Police, Warangal Police Comm issionerate, Warangal Central Zone, T.G.
4. The Deputy Commissioner of Police, Warangal Police Commissionerate, Warangal Central Zone, T.G.
5. The Station House Officer, Kakatiya University PS (KUC PS) , Warangat District, T.G.
6. The Sub lnspector of Police, Kakatiya University PS (l(UC PS) , Warangal District, Telangana-
7. Sunkari Ravikumar, S/o and age not known to the Pet tioner, Occ. lnspector of KUC PS, Warangal District, Telangana.
8. Bojja Ravinder. S/o and age not known to the Petitionr:r, Occ. Sub lnspector of KUC PS, Warangal District, Telangana.
9. Bathini Venu Gopal, S/o Late Bathini Chinna Venkatairh, Aged about. 55 years, Oc;c. Business, R/o. H.No.1'1-25-710, Gay athri Nagar Road, Hanamkonda, Hanamkonda District. .....RESPONDENTS Petition lJnder Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, thr: High Court may be pleased to issue an appropriate Writ, Order or Direction, rrore particularly one in the nature of Writ of [Vlandamus declaring the high handert action of Respondent No.5 to I in endangering, Right to Property, life and ;rersonal liberty of the Petitioner as arbitrary, illegal, unsustainable, unjust, violative of the Principle of Natural Justice and violative of Article 14, 19,21 and 300/\ of the Constitution of lndia and consequently direct the Respondents No.2 and 3, to initiate departmental proceedings against the Respondent No.5 anC 6. |.A.NO:1 OF 2025 Petition Llnder Section 151 CPC praying that in the circumstances stbited in the affidavit filed in support of the petitron, the High Cor.trt may be pleased to direct the Respondents 5, 6 and g, not to interfere with the :eaceful possession of the subject property, life and personal liberty of the Petitic ners pending disposal of the main writ petitlon. Counsel for the Petitioners : SRI S.LAKSHMI K,ANTH Counsel for the Respondent Nos.1 to 6 : GP FOR HOME Counsel for the Respondent Nos.7 to 9 : SRI K.V.BHANU I)RASAD, LEARNED SENIOR COUNSEL APPEARING ON BEHALF OF SRI K.SI\I SRI HARSHA The Court made the following ORDER THE HON'BLE SRI JuSTICE T. VINOD KUMAR W.P.No. 8950 of 2025 1 ORDE R: Heard learned counsel for the petitioners, learned Government pleader for Home appearing for respondent Nos. I to 6, Sri K.V.Bhanu prasad, learned Senior Counsel appearing on behalf of Sri K.Sai Sri Harsha, learned counsel appearing for respondent No.9, and perused the record.
2. Having regard to the manner of disposal of the writ petition and the nature of /rs involved, and since respondent Nos.7 & g are arrayed by name as Eo Nomine, this Court is of the view that notice to the said respondents is not necessary for adjudication of the present Writ petition.
3. The case of the petitioners, in brief, is that the respondents No.5 & 6, rvho are arrayed by name as Eo Nomine as respondent Nos.7 & 8, are interfering with the petitioners, right to property and a.lso interfering with their life and liberty in the name of conducting investigation into crime No.27 /2025, dt. 11.01.2025, which action of the respondents-authoritres it is contencied as highly illegat, arbitraqr, with a consequential direction to 2 .t respondent Nos.2 & 3 to initiate disciplinary tr.,roceedings against respondent Nos.7 & B, for overreaching their pc,lice duties. 4. Per contra, learned Government pleader frrr Home appearing on behalf rf respondent Nos. I to 6 would subrrit that in alr three crtmes are registered agarnst the petitioners l.erein, uide Crime No.7O6/20,.23, dt. 10. 12.2023, Crime No.35 2/2025, d,t.2B.O6.2O2S and Crime No.27 /2025, dt. 1 I.Ot.2O2S. 5 was assigned Learned Government pleader would furthtrr submit that in Crime No.7O6/2023, the respondents-authorities after sau5ing investigatiorr have laid a charge sheet before lhe jurisdictional Court, which on being taken cognizance CC.No. lZSgtl2024, and is pending tria1. 6. Learned Government pleader further subm:ts that it is the petitioners, rvho had approached the responden..s_authorities in relation to the aforesaid land dispute and offr:red to get the dispute resolved by .engaging a private surveyor r.Lnd it is for the said reason, the respondent Nos.S & 6 have visited the subject site the date mentioned ln the u,rit petition in or-der to prevent conslstent lar.l, & order situation arising in relation to the dispute between the pr:titioners ald the gth respondent herein since, 2023 7 . Learned Government Pleader further submits that the respondents-authorities though ought not to have accepted the offer made by the petitioners to get the land surveyed by a private surveyor in the presence of the authorities, without the petitioners or the unofficial respondents having taken steps for survey by following due procedure
8. Learned Government Pleader further submits that the 3'a respondent taking note of the action of the sth arld 6th respondents-authorities, who are arrayed by name in the present Writ Petition, has issued memo, dt.04.O7.2025, calling for their explanation as to why disciplinary action should not be initiated against them for the alleged failure to discharge police duties in accordance with law. g . Learned Government Pleader further submits that the 3'd respondent on receiving the explanation from respondent Nos.7 & 8, would take further action in the matter, insofar as discipiinary proceedings are concerned.
10. Learned Government Pleader further submits that the respondents-authorities except registering crime Nos.27 12025 and 352 12025 against the petitioners herein, are not interfering in the 4 civil disputes; and that the petitioners only ,ad ca_lled a private surveyor to survey the disputed lald beir rg claimed by the petitioners as well as the gth respondent herein and the authorities rrisited the sub.iect site at that time in the hope that the same would give quietus to the regular law & order issue arising since 2023, when the first crime uid-e Crime No.7r)6/2023 has been registered against the petitioners.
11. On the aforesaid submission being ma<le by the learned Government pleader for Home, learned counsel for the petitioners submits that the private surveyor was not callec by the petitioners arld it was done at the behest of the unofficia t respondent No.9 herein, whom the respondents_authorities are fa irouring. 12. I have, taken note of the respective submissions made. 13. Admittedly, there are three crinies regisl.ered against the petitioners herein uide Crime No.7O6/2023. dt.10. 72.2023, Crirne No.352/2025, dt.28.06.2025 and Crimr: No.2Z /2025, . espondents-a uthorities after filed charge sheet in Crime No.706/202.3 and the remarntng two crirrLes i.e., Crime Nos.27 /2025 and.352/2025 are pending investigation, this Court dt. I 1 .O 1 .2O1lS, wherein the conducting investigation having ,/- 5 is of the view that the respondents-authorities are to be directed to investigate into the aforesaid crimes and take further action, strictly in accordance with law.
14. Insofar as the interference of respondent Nos.7 & B in their capacity as oflicials of respondent Nos.5 & 6 is concerned, since, the learned Government Pleader has placed before this Court a copy of the Memo, dt.O4.O7.2025, as issued by the 3'd respondent to the said respondents seeking their explanation, as to why disciptinary action should not be initiated, this Court is of the view that the 3'd respondent is to be directed to take further action and record the action taken against the said officers in their seryice record.
15. Subject to the above observations and directions, the Writ Petition is disposed of. No order as to costs.
16. Consequently, miscellaneous petitions, if any, pending shall stand closed. To //TRUE COPY// SD/-MOHD. ISMAIL PUTY REGISTRAR SECTION OFFiCER
5. The Principal S.ecretary, Department of Home, Secretariat, State of I etangana at Hyderabad. The Director General of police, Telangana State police Head euarters, Telangana - 500004. The Commissioner of Police, Warangal police Comm issionerate, Warangal Central Zone, T.G. The Deputy Commrssioner of police, Warangal police Commissionerate, Warangal Central Zone, T.G_ Ifq 9trtol House Officer, Kakatiya University pS (KUC pS) , Warangat Diskict. T.G.
6. The Sub Inspector of Police, Kakatiya University PS (llUC PS) , Warangal
7. Two CCs to GP FOR HOtVlE, High Court for the State of Telangana at District, Telangana. Hyderabad. [OUT] \ B. One CC to SRI S.LAKSHMI KANTH, Advocate [OPUC] 9. One CC to SRI K.SAI SRI HARSHA, Advocate (OPUC:) 10.Two CD Copies SA GJ a I / I L.z.-,-.:'---...:- .,',.,,.:' i- t , ,,,'i'\.. 9' ,ti... (' i, .:'t/ 12 sEP ,116 Dr..-l'.ircir '-.,/' HIGH COURT DATED:0710712025 ORDER WP.No.18950 of 2025 DISPOSING OF THE W.P WITHOUT COSTS.