'1 . Kandula Veera 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 of certiorari calling records pertaining to impugned Notice under Section 164 of BNSS Act vide Proceedings. No. D/ 350 I 2025, dated 05/0712025 issued by the 3rd Respondent, as being unsustainable illegal arbitrary without jurisdiction and coulourable exercise of power and violation of principle of Natural Justice and contrary to provisions of of BNSS Act and the subject property civil suits pending between the petitioners and un official respondents Vide O.S.No.362 of 2024 and 381 of 2024 on the file of Junior Civil Judge-Cum- Judi First class Magistrate at Huzurnagar pending the adjudication and lnjunction order in favor of the petitioners herein, same is illegal Articles 14, 21 and 300-4 of the constitution of lndia, violation of principles of natural justice and set-a-srde the same consequent Suspend the impugned Notice vide No.D/350/2025, dated 0510712025 issued by the 3rd Respondent herein. I.A.NO:'t OF 2025 Petition Under section 15'1 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to suspend the impugned Notice vide No.D/350/2025, dated 05/0712025 issued by the 3rd Respondenl herein consequently not to obstru culnterfere the petitioners agriculture activities pending disposal of the above writ petition Counsel for the Petitioners : SRI MULLANGI RAMI REDDY Counsel for the Respondent Nos.1 to 4 : SRI L.RAVINDER, LEARNED ASSISTANT GP FOR REVENUE Counsel for the Respondent Nos.s to 7 : AGp FOR HOME Counsel for the Respondent No.B : SRI K.V.SUBBA REDDY Counsel for the Respondent No.9 : - The Court made the following ORDER THE HON'BLE SRJ USTICE K. LAKSHMAN WRIT PETITION No.20501 of 2025 ORAL ORDER: Heard Mr.Mullangi Rami eddy, Iearned counsel for the petitioners, Mr.L.Ravinder, le ed Assistant Govemment Pleader for Revenue appearin for respondent Nos.l to 4, learned Assistant Government p eader for Home appearing for respondent Nos.5 to 7 and r.K.V.Subba Reddy, learned counsel appearing for responden No.8.

2. Petitioner No.l herein is c aiming that he is the absolute owner and possessor of land ad easuring Acs.2.04 guntas in Sy.No.l16113, situated at Mall hervu Village and Mandal, Suryapet District. He is also th owner of other lands in the very same village. When res ndent Nos.8 and 9 are interfering with his possession over the subject property, petitioner No.l filed the suit in O S.No.362 of 2024 on the file of the Junior Civil Judge, H urnagar, seeking perpefual injunction. Learned trial Court anted interim injunction in favour of petitioner No.l restrai rng respondent Nos.8 and 9 t 2 from interfcring with the possession of petitioner No.1 over the subject property. The said suit is pending and the said interim order is in subsistence.

3. Petitioner No.2 herein is claiming that he is the absolute owner and possessor of land admeasuring Acs.1 1.10. guntas i.e., Ac.l.03 guntas 1n Sy.No.1l54lN2, Ac.0.08 guntas ln Sy.No.l l55lAl, Ac.1.09 guntas in Sy.No.1l58/A412, Ac.0.30 guntas in Sy.No.1158lAA2, Acs.3.00 gurltas in Sy.No.l l60iAl, Acs.4.03 guntas in Sy.No.l 161/A3. Ac.0.05 guntas Sy.No.1 16llA5 and Ac.0.05 quntas Sy.No.l l6llAl , situated at Mallachenu Village and Mandal, Suryapet District. He has also filed the suit in O.S.No.38l of 2024 against respondent Nos.8 and 9 on the file ol'the Junior Civil Judge, Huzurnagar, for perpetual injunction. Learned trial Court granted interirn order in favour of petitioner No.2 The said suit is pending and the said interim order is in subsistence. 3

4. Mr.K.V.Subba Reddy, le ed counsel appearing for respondent No.8 would submit that the total extent in the aforesaid survey number is Acs

54.00 guntas and it is joint family property. Respondent No.S is having a share. Suppressing the said fact, in ollusion with the revenue authorities, petitioners obtained utation proceedings, pattadar passbooks and filed the aforesai suits. However, respondent No.8 is taking steps to get injunc ons vacated.

5. Perusal of record would r eal that on the complaint Iodged by petitioner No.1, Police, Medlachervu Police Station, registered a case in Crime No.S of 2025 against respondent Nos.S and 9 for the offences Puni hable under Sections 303(2) and 351 read with Section 3( ) of the Bharatiya Nyaya Sanhita, 2023 (BNS, 2023) and ection 175(3) of BharatiYa Nagarik Suraksha Sanhita, 2023 ( NSS, 2023).

6. On the complaint lodg by Smt.Konda Sasikala, daughter of petitioner No.l, e very same Police have registered a case in Crime No.14 of 2025 against respondent \ E E B 4 Nos.S and 9 tbr thc offence punishable under Sections 329(3) and 324(4) read with Section 3(5) of BNS, 2023' On the complaint lodged by respondent No.9, the said Police have registered a case in Crime No.59 of 2025 for the offence punishable under Section 336(3) read with Section 3(5) of BNS, 2023. Investigation in the said three crimes is pending

7. In the rneanwhile, respondent No.3 has issued impugned notice dated 05.07.2025 directing the petitioners to attend in- person or through counsel in terms of Section 1164 of BNSS, 2023 along with relevant record to support their claim. According to the petitioners, they did not appear before respondent No.3 in compliance with the said notice dated

05.07.202s.

8. As discussed supra, respondent No.3 has issued the aforesaid notice under Section 164 of BNSS, 2023 directing the petitioners to appear in-person. In the light of the same, it is relevant to note that Section 164 of BNSS,2023 deals with procedure where dispute concerning land or water is likely to cause breach of peace and the same is extracted below: 5 "( 1) Whenever an satisfied from a report of ecutive Magistrate is a police officer or upon other information that a spute likely to cause a breach of the peace exist conceming any land or water or the boundaries jurisdiction, he shall m ereof, within his local e an order in writing, stating the grounds of hi being so satisfied, and requiring the parties conc ed in such dispute to attend his Court in person or by an advocate on a specified date and time, and to put in written statements of their respe the fact of actual posses ve claims as respects on of the subject of dispute. (2) For the purposes ofthi "land or water" includ f,rsheries, crops or other p section, the expression s buildings, markets, duce of land, and the rents or profits of any such perty. (3) A copy of the order hall be served in the manner provided by this S summons upon such hita for the service of n or persons as the Magistrate may direct, and be published by bein conspicuous place at or at least one copy shall affixed to some near the subject of dispute. (4) The Magistrate shall, ithout reference to the merits or the claims of any fthe parties to a right I 6 ! to possess the strbject ol dispute, peruse the statements so put in, hear the parties, receive all such evidence as may be produced by them, take such further evidence, if any, as he thinks necessary, and, if possible, decide whether any and which of the parties was, at the date of the order made by him under sub-section (1), in possession of the subject oI dispute: Provided that if it appears to the Magistrate that any party has been forcibly and wrongfully dispossessed within two months next bcfore the date on which the report of a police officer or other information was received by the Magistrate, or after that date and before the date of his order under sub-section (l), he may treat the party so dispossessed as if that party had been in possession on thc date ol his order under sub- section ( 1). (5) Nothing in this section shall preclude any party so required to attend, or any other person interested, from showing that no such dispute as afbresaid exists or has existed; and in such case the Magistrate shall cancel his said order, and all further proceedings thereon shall be stayed, but, subject to such cancellation, the order of the Magistrate under sub-section ( I ) shall be final. 7 (6)(a) If the Magistrate parties was, or should u decides that one of the der the proviso to sub- section (4) be treated as eing, in such possession of the said subject of di order declaring such p possession thereof until ute, he shall issue an rty to be entitled to victed therefrom in due course of law, and forbi ding all disturbance of such possession until suc proceeds under the pro eviction; and when he so to sub-section (4), may restore to possessio the party forcibly and wrongfu ily dispossessed; ) the order made under this sub-section shall be ed and published in the manner laid down in s b-section (3). (7) When any party to an such proceeding dies, the Magistrate may cause the legal representative of the deceased party to e made a party to the proceeding and shall t inquiry, and if any questi legal representative of a purposes of such pro claiming to be represen ereupon continue the n arises as to who the eceased party for the ing is, all persons ves of the deceased party shall be made parties thereto. (8) If the Magistrate is of other produce o[ the p pinion that any crop or perty, the subject of dispute in a proceeding un er this section pending before him, is subject to sp y and natural decay, 8 he may make an order for the proper custody or sale of such property, and, upon the completion of the inquiry, shall make such order for the disposal of such property, or the sale-proceeds thereof, as he thinks fit. (9) The Magistratc may, if he thinks fit, at any stage of the proceedings under this section, on the application of either party, issue a summons to any witness direct ing him to attend or to produce any document or tlting. (10) Nothing in this section shalt be deemed to be in derogation of powers of the Magistrate to proceed under section 126." g. Therefore, on receipt of information lrom the local police that there is law and order problem, respondent No.3 can promulgate the proceedings under Section 164 of BNSS'

2023.In the said process, he can issue notice to the parties with a direction to produce the relevant documents' On promulgation of proceedings under Section 164 of BNSS' 2023, parties can file an application under Section 164(5) of BNSS, 2023 with respondent No.3 with a request to stay or 9 delete the properfy which the claim proceedings under Section 164 of BNSS,2023

10. In the impugned notice dated 05.01.2025, except requesting the parties to appear on 08.07.2025, there is no mention with regard to the report received from the concerned Police with regard to law and rder problem. There is no reference with regard to the crim , if any, pending against the parties. There is no reference wit regard to the aforesaid suits filed by the petitioners and interi injunctions granted by the leamed trial Court. Therefore, this Court is of the view that the impugned notice dated 05.01.202 directing the petitioners to appear before respondent No.3 on

8.07.2025 is in violation of the procedure laid down under Sec ion 164 of BNSS,2023.

11. In the light of the aforesai discussion, the impugned notice dated 05.07.2025 for appe ce of the parties is set aside. However, liberty IS grant d to respondent No.3 to initiate fresh procedure under Se tion 164 of BNSS, 2023, strictly in accordance with law.

12. With the above observations, this Writ Petition is disposed of. Miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs //TRUE COPY// Sd/- MOHD. ISMAIL pseuw REGTSTRAR \ SECTION OFFICER tariat State of Telangana To

1. The Principal Secretary, Revenue Department, Se&e at Hyderabad

2. The District Collector, Suryapet District, at Suryapet. 3. The Revenue Divisional Officer and Sub-Divisional Magistrate, Huzurnagar, at Huzurnagar, Suryapet District.

4. The Tahsildahr, Mellachervu gandal, at Mellachervu, Suryapet District. 5. The Superintendent of Policd, Suryapet at Suryapet District. 6. The Circle lnspector Police, Kodad Rural Police Station, At Kodad, Suryapet

7. The Sub lnspector of Police, Mellachervu, at Mellachervu, Suryapet District. 8. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at

9. Two CCs to GP FOR HOIVE, High Court for the State of Telangana at District. Hyderabad. [OUT] Hyderabad. [OUT]

10.One CC to SRI MULLANGI RAMI REDDY, Advocate [OPUC] '1 1. One CC to SRI K.V.SUBBA REDDY, Advocate (OPUC) 12.fwo CD Copies SA PVL W rrak:i HIGH COURT DATED:2410712025 ORDER WP.No.20501 of 2025 i l1E S f^ f,) ( t t- 12 AU8 2ffi 11 I l * Dp Sl,.n, ctrt {' \l t DISPOSING OF THE W.P WITHOUT COSTS. ff,1 ,D