SRl. N v. ANANTHA KRISHNA

Petition under Article 226 ot 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 of Mandamus or any other appropriate Writ, order or direction declaring the impugned action of the 3rd Respondent in not visiting the scene of offence despite registering the Crime No. 46712024 and Crime No' 55212024 against Respondents 5 to 7 and others who are threatening to cause harm and eliminate the Petitioners and their men and obstructing from fixing the boundary pillars and fencing wire along the boundary line on four sides of their land strictly according to the boundaries fixed by the Mandal surveyor functioning under Respondent No.4 without following due process of law as illegal, arbitrary and violative of principtes of naturat justice etc and consequenfly direct the 3rd Respondent to visit the scene of offence as stated in the crime No. 46112024 and crime No. 55212024 on his file and protect the petitioners from the hands of Respondents 5 to 7 and others lA NO: 1 OF 2024 Petition under 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 3rd Respondent to visit the scene of offence as stated in the crime No. 46712024 and crime No. ss212024 on his file and protect the petitioners from the hands of Respondents 5 to 7 and others pending disposal of the above writ Petition Counsel for the Petitioner: SRl. N. V. ANANTHA KRISHNA Counsel for the Respondent Nos. 1to3: Gp FOR HOME Counsel for the Respondent No.4: Gp FOR REVENUE Counsel for the Respondent Nos.Stog: Ms. plLL|X LAW FIRM The Court made the following: ORDER HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.1 9428 oF2024 ORDER: (ORAL) This writ petition is filed seeking to declare the action of respondent No.3 - the station House officer, Hayathnagar Police station' in not visiting the scene of off-ence despite Crime Nos'467 of 2024 and 552 of 2024 being registered against respondents No'5 to 7 and others who are threatening the petitioners and obstructing them from fixing boundary pillars and fencing wire along the boundary line on four sides of their land' withoutfollowingdueprocessoflaw,asbeingillegal'arbitraryand unconstitutional.

2. Leamed counsel for the petitioners submitted that suruey has been conducted in the subject rand admeasuring Acs.4-05 guntas situated at Koheda Village, Abdutlapurmet Mandal' Ranga Reddy District by respondent No.4 - the Tahasildar' and the Mandal Surveyor' Abdullapurmet Mandat, in accordance with law by duly issuing notice to the petitioners and respondents No.5 to 8 and other interested persons' and the boundaries of the subject land have been fixed by the Mandal Surveyor' It is submitted that whenever the petitioners visit the subject land for erecting boundary stonesinaccordancewiththesurveyreportoftheMandalSurveyor, 2 respondents No.5 to 8 are interfering and obstructing, as such, the petitioners approached respondent No.3 and crime No.467 of 2024 d,ated, 0r.05-2024 has becn registered.with Hayathnagar porice Station for the offences punishable under Sections 341, 504 and 506 read with Section 34 of the Indian penal Code (IpC). Respondent No.3 issued notice dated

03.07 -2024 to the petitioners informing them that an entry was made in the General Diary on receipt of their complaint and they wer.e directed to approach competent civil courl to get a direction seeking grant of police aid. 3' Leamed counser for the petitioners fufther submitted that the survey report of respondent No.4 is so far not challenged by respondents No.5 to g and as there is possibility of raw and order problem and obstructions are being made by respondents No.5 to g and their henclunen, respondent No.3 ought to have acted on the complaint ofthe petitioners.

4. On the other hand, leamed counsel for respondents No.5 to g submitted that 0.S. No.506 of 2024 and O.S. No.568 of 2024 have been filed by respondents No.5 to g on the file of the leamed Junior civil Judge- cum-XIV Additional Metropolitan Magistrate, Ranga Reddy District (for short 'trial Court,), at Hayathnagar for injunction, against the petitioners and thus, relief if any has to be sought by the petitioners in the said suits r:' ) and the validity of the survey reporl will be decided in the said suits' Thepetitionershavetoawaitorderintheabovesuitsfiledbyrespondents No.5 to 8.

5. Leamed counsel for the petitioners submitted that the property of the respondents No.5 to 8 is situated in Survey No'86 admeasuring Ac.1-35 gutnas and Acs'2-10 guntas whereas the property of the petitioners is situated in Survey No'89 admeasuring Acs'2-02 guntas and Acs.2-03 guntas, situated at Koheda Village, Abdullapurmet Mandal' Ranga Reddy District' The petitioners are not disputing the ownership of \ respondents No.5 to 8 and even if the above said suits are decreed' the petitioners cannot be deprived of their right to approach Police authorities and seek for assistance to the petitioners as well as to the Mandal Surveyor in fixing boundaries as per survey report' ;

6. On perusal of the survey report' it appears that notice dated 24.04.2024 has been issued to all the interested persons including respondents No.5 to g and there is no denial that the survey report has not been challenged by the respondents No'5 to 8' In the circumstances, without entering into the merits of the case' 7 . this writ petition is disposed of directing respondent No'4 to place a 4 requisition before respondent No.3 for grant of police aid to fix boundaries as per sulvev report. This exercise shall be completed within a period of four (4) months from the date of receipt of a copy of this order. It is made clear respondents No.5 to g are always at liberty to agitate the survey and consequential proceedings including demarcation/fixing of boundaries in O.S. No.506 of 2024 and O.S. No.568 of 2024 before the rrial Court. There shall be no order as to costs. As a sequel thereto, miscellaneous applications, if anv, pending in this writ petition, stand closed. \ To, ASSI SD/.V. KAVITHA REGISTRAR //TRUE COPY// ON OFFICER \

1. The Secretary Home Department, Secretariat,T.S., Hyderabad 2. The Commissioner of Police, Rachakonda Commissionerate, 3. The Station House Officer, Hayathnagar Police Station, Hayathnagar, Ranga Reddy District

4. The Tahsildar, Abdullapurmet [VIandal Abdullapurmet, Ranga Reddy District 5. One CC to SRl. N. V. ANANTHA KRISHNA, Advocate IOPUCI 6. Two CCs to GP FOR HOME ,High Court for the State of Telangana at Hyderabad [OUT]

7. One CC to Ms PILLIX LAW FIRM, Advocate [OPUC] B. Two CD Copies e BM BS I CC TODAY HIGH COURT DATED:2010212025 4 .Q; a o o iL ,{l .',!'i/ =$ ...$ \ 3c J l,clH * ,-7:'l;.r2 -|/? ORDER WP.No.19428 of 2024 t- DISPOSING OF THE WRIT PETITION WITHOUT COSTS \\ ?{ w i j I I I I I i I I I , I : ' i : l I