Gandham Ravi Kumar v. The State of Telangana

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, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the Sth respondent in interfering with the civil disputes between the petitioner and the 6th respondent in respect of Plot No. 14i 1 , admeasuring 200 Sq.yards, in Sy.No. 65, situated at Badepally Village, Jadcherla Mandal, Itilahabubnagar District, and harassing the petitioner to evict the above Plot, without assigning any reasons and without following due process of law, as highly illegal, arbitrary and violative of principles of natural justice, apart from viotative of Article 300-4 o(the Constitution of lndia, consequently direct the 5th respondent not to interfere with the civil disputes between the petitioner and the 6th respondent in respect of Plot No. 14l1, admeasuring 200 Sq.yards, in Sy.No. 65, situated at Badepally Village, Jadcherla f\r'landal, Mahabubnagar District. lA NO: 1 OF 2025 Petition unde. Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 5th respondent not to interfere with the civil disputes between the petitioner and the 6th respondent in respect of Plot No. 14l'l , admeasuring 200 Sq.yards, in Sy No. 65, situated at BaOepatty Vitlage Jadcherla Mandat, Mahabubnagar District, pending disposal of the writ petition. Counsel for the Petitioner : SRI KARAM CHENDU KOMIREDDY Counsel for the Respondents No.1to5 : GP FOR HOME Counsel for the Respondents'No.6 : -- The Court made the following: ORDER THE HON'BLE SRI JUSTICE T. VINOD KUMAR W.P.No. 18945 of 2o25 ORDER: Heard learned counsel for the petitioner appearing through Virtual Mode, learned Government Pleader for Home appearing for the official respondent Nos.1 to 5, and with the consent of the learned counsel appearing for the respective parties, the Writ Petition is taken up for hearing and disposal at admission stage.

2. Having regard to the nature of lis involved in the Writ Petition and the manner of disposal, this Court is of the view that notice to unofficia-l respondent No.6, is not necessary for adjudication of the present Writ Petition.

3. The case of the petitioner, in brief, is that while there exists civil disputes between the petitioner ald the 6th respondent herein, the 5th respondent is interfering in the civil disputes, more specifically in relation to plot No.14/ 1 admeasuring 2OO sq. yards in survey No.65 situated at Badepally Village, Jadcheria Mandal, Mahabubnagar District, 2 by harassing the petitioner and trying to evict him from the said plot of land, without assigring any reason and without following ciue process of law,, w,hich action of the respondents, it is contended as highly illegal and arbitrar5r.

4. It is the further contention of the petitioner that the civil dispute in relation to the aforementioned property is subject matter of a suit, uide O.S.No.251/2023 before the jurisdictional Civil Couit, ald as such the respondents- authorities do not have any authority or sanction of 1aw, to interfere in the said civil dispute.

5. Per contra, learned Government Pleader for Home appearing for respondent Nos. I to 5 while denying the writ averments would submit that based on the complaint made by one K.Krishnaiah, the authorities have registered a case uide Crime No.516/2O25 on 29.06.2025, u'herein the petitioner's son is arrayed as accused No.2.

6. Learned Government Pleader for Home further submits that on regrstering the aforesaid crime, the respondents- authorities have also issued notice under Section 35(3) of )' /.4. -/ 3 that except causing investigation into BNSS on Ql.Q7'2025; the afore said crime by following due Process of law' the re spondents- autho rities are not interfering in the civil disputes that may exist between the petitioner and the unofhcial respondent herein; and that the petitioner being fully aware of the complaint lodged against his son by one K. Krishnaiah, in order to prevent the authorities from investigating into the aJoresaid crime' has hled the present re spondents-authorities Writ Petition in the name of interfering in the civil disputes existing between the petitroner andtheunofticialrespondentaScauseforfilingthepresent Writ Petition' 7 I have taken note of the resPecttve submissions made

8. Since, it is now stated before this Court that on the basis of the complaint made by one K'Krishnaiah' a crime being registered on the file of the 5th respondent-Police Station, wherein the petitioner's son is arrayed as accused No.2,andalsotheauthoritieshavingissuednoticeunder Section 35(3) of BNSS, this Court is of the view that the \ 4 responden ts-authorities are to be directed to conduct investigation into the aforesaid crime, strictl.r, in accordance with lau,, rn ithout interfering in the civil disputes that may exist between the petitioner and the unofficial respondent in relation to the property as noted hereinabove.

9. Subject to the above direction, the $.rrit petition is disposed of

10. It is further clarifiecl that in the event of ern1. complaint being lodged in respect of the subje<:t property, the respondents_authorities are directcd to take actron in terms of the order of this Court, dt. lZ.O4.2O2S in W.p.No.g2 I of 2025. No order as to costs. 11 Consequently, miscellaneous petitions. if :rn5,, pending shall stand closed. To, //TRUE COPY// Sd/- T. JAYASREE DEPUTY REGISTRAR SECTI OFFlCER ' +:iaFJl""fir???:"J3y Home Department, secretariat Buirdinss, state of 2. The Director General of police, Government of Telangana, Hyderabad. 3. The Superintendent of police, Mahabubnagar District. 4. The Deputy Superintendent of police, lVahabubnagar District. 5 The station House officer, Jadcherra porice station, Mahabubnagar District 6. One CC to SRt KARATV CHENDU KOtVilREDDy, Advocate. tOpUCl 7. Two CCs to Gp FOR HOME, High Court for the State of Tetangana. [OUT] 8. Two CD Copies. Eler M, HIGH COURT DATED:0410712025 1ii --, :j I..r f-o q l"5 q O4 AIJE flM t t .-) .) '--r.. .2 6, ,/ / ORDER WP.No.18945 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS iM q