✦ High Court of India · 18 Jul 2025

1. Mr. Shaik Mastan v. The State of Telangana

Case Details High Court of India · 18 Jul 2025
Court
High Court of India
Decided
18 Jul 2025
Bench
Not available
Length
1,113 words

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 a Writ in the nature of Mandamus declaring the action of the respondents in calling the petitioners to the police station illegally and interfering in the civil matters without registering any crime and forcing the petitioners to vacate from the possession of their respective properties i.e., Northern Portion of House bearing Municipal No.12-7-276 to 285, admeasuring 3613 Sq.yrds out of 5717 Sq.yrds along with built up area of 100 Sq.ft and Southern Portion of House bearing Municipal No. d::*:re"rPl 12-7-276 to 285 admeasuring 2104 Sq.yrds outof 5717 Sq.yrds along with built up area of 100 Sq.ft, both in Sy.No. 733, situated at Mettttguda, Secunderabad, Hyderabad, Telangana at the instance of land grabber:; as illegal, arbitrary, unjust, abuse of process of law and consequently direct the respondents not to interfere in the civil matters and not to dispossess the petitioners from their respective properties in the interest of justice. lA NO: 1 OF 2o2s Petition under Section 'l 51 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 respondents not to interfere in the civil matters and not to dispossess the petitioners from their respective properties i.e Northern Portion of House bearing Municipal No. 12-7-276 to 285, admeasuring 3613 Sq.yrds out of 5717 Sq.yrds along with built up area of 100 Sq.ft and Soutf-ern Portion of House bearing Municipal No. 12-7-276 to 285 admeasuring 210,1 Sq.yrds out of 5717 Sq.yrds along with built up area of 100 Sq.ft, both in S r.No. 733, situated at Mettuguda, Secunderabad, Hyderabad, Telangana, in the interest of justice pending disposal of the writ petition. Counsel for the Petitioner: SRI S.SURENDER REDDY Counsel forthe Respondent No.1 to 5: GP FOR HOME The Court made the following: ORDER THE HON'BLE SRI JUSTICE T. VINOD KUMAR Writ Petition N .20680 ot 2025 ORDER: Heard learned counsel For the petitioners, learned Government Pleader for Home appearing for respondent Nos.1 to 5, and with the consent of the learned counsel appearing for the parties, the Writ Petition is taken up for hearing and disposal at the admission stage.

2. The case of the petitioners, in brief, is that, the respondents- authorities are calllng the petitioners to the 5U' respondent office/ police station without there being any complaint or crime registered against them and by interfering in the civil matters are forcing the petitioners to vacate from the possession of their respective properties bearing municipal No.l2-7-276 to 285 admeasuring 2104 square yards in Sy.No.733 situated at Mettuguda, Secunderabad, Hyderabad, at the instance of land grabbers, which action of the respondents-authorities it is contended as illegal, arbitrary, unjust and abuse of process of law.

3. Per contra, learned Government Pleader for Home appearing on behalf of respondent Nos.1 to 5, while denying the writ averments, would submit that a case, vide Crime No.322 of 2025 dt.28.06.2025 has been registered on the file of the 5th respondent police station, wherein the petitioners herein are arrayed as accused Nos.l and 2 therein; and that the respondents-authorities in the course of investigation into the ) 2 , aforesaid crime registered, sought to serve notice un(ler Section 35(3) of BNSS and the petitioners instead of receiving the aforesaid notice and furnishing the information and documents as sought thereunder, for the authorities to conduct investigation into the aforesaid crime, have approached this court by the present vvrit petition mrking false and wird allegations against the respondents-authorities.

4. Learned Government pleader further submits that since, the aforesaid crime registered against the petitioners herein is under the provisions wherein maximum punishment is less ::han 7 years, the authorities have sought to issue notice under Section 35(3) of BNSS for the purpose of conducting investigation and filing a cl-arge sheet and the petitioriers are not co-operating with the investigaticn by receiving the aforesaid notice.

5. The aforesaid submission made by the learned Ciovernment pleader for Home appearing for respondent Nos.1 to 5 is taken on record. 6 Having regard to the submissrons made as abo,/e, since, it is now stated before this Cout that a case, vide Crime No.322 of 2025 - 9:.?8.:09".203^s_ i: .t9,9i:!9t9.d, ?99i1.:! Il9 pgti!!o_let9. *19. 9tg..qilg_y._e.g - . _ .r '-qtqil, as accused Nos.1 and 2 and as it is also stated tha: the respondents_ authorities intended to serue notice under Section 3rr(3) of BNSS, this court is of the view that the respondents-authorities are to be directed to .!' I ./ ./. 3 serve notice under Section 35(3) of BNSS on the petitioners, and take further action into the aloresaid crime.

7. Subject to above direction, the Writ Petition is disposed of. No order as to costs. B. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. I //TRUE COPY// SD/.A. JAYASREE ASSISTANT REGISTRAR SE ON OFFICER To, 1

7. The Principal Secretary, Home Department, Secretariat, Hyderabad, State of Telangana. The Commissioner of Police, Hyderabad City, Hyderabad. The Deputy Commissioner of Police, East Zone, Amberpet, Hyderabad. The Assistant Commissioner of Police, Chilakalaguda, Hyderabad. The State House Officer, Chilakalaguda Police Station, Hyderabad One CC to SRI S.SURENDER REDDY, Advocate [OPUC] Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad [OUT] Two CD Copies B. BSR LS HIGH COURT DATED:1810712025 /,1 ,,." \;L st4 16 c J0 1 PE 2ofr '\ ). \'. \ 6 t C, -..\ -\- ORDER WP.No.20680 of 2025 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS ,zl 1,.< - s/r4s

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