Mohd Rafeeq v. 1. The State of Telangana

5-37614, Syed Nagar, First Lancer, Hyderabad, Telangana State.

7. Firdous, S/o not known to the Petitioner, Aged fulajor, Occ Business, Fi/o H.No.10-5-165, Syed. Nagar, First Lancer, Hyderabad, Telangana State. B. Sadiq, S/o not known to the Petitioner, Aged Major, Occ Business, Fl./o H.No.10-5-165, Syed Nagar, First Lancer, Hyderabad, Telangana State. .....RESPONDENTS Petition Under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents interfering into the civil disputes and peaceful possession and enjoyment of the Petitioner over house bearing No.10-5-391/6/1 , admeasuring 276 Sq. yards, situated at Syed Nagar, First Lancer, Hyderabad, Telangana State, under the influence of Respondents No.6 to 8 as illegal, arbitrary and against the principles of natural justice and in violation of Articles 14 and 21 of the Constitution of India. besides violation of this Hon'ble Court directions and consequently direct the Respondent No.5 not to interfere into the civil disputes and peaceful possession and en.ioyment of the Petitioner over house bearing No.1 0--5- 3911611, admeasuring 276 Sq. yards, situated at Syed Nagar, First Lancer, Hyderabad, Telangana State. l.A.NO:1 OF 2025 Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Cor- rt may be pleased to direct the Respondent No.5 not to interfere into the civil lisputes and peaceful possession and enjoyment of the Petitioner over house be;rring No.10-5-391/6/1, admeasuring 276 Sq. yards, situated at Syed Nagar, Firs;t Lancer, Hyderabad, Telangana State, pending disposal of main writ petition. Counsel for the Petitioner : SRI HABEEB ABUBAKAR ALHAMED Counsel for the Respondent Nos.1 to 5 : GP FOR HOME Counsel for the Respondent Nos.6 to 8 : - The Court at the stage of admission made the following ORDER THE HON'BLE SRI JUSTICE T. VINOD KUMAR ORDER: Writ Petition No.20820 of 2025 Heard learned counsel for the petitioner, 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. Having regard to the manner of disposal of the Writ petition at the admission stage and the nature of /rs involved, this Court is of the view that notice to unofficial respondent Nos.6 to B is not necessary for adjudlcation of the present Writ Petition.

3. The case of the petitioner, in brief, is that, the respondents- authorities are interfering into civil disputes and particularly with regard to peaceful possession and enjoyment of the petitioner over House bearing No.10-5-391/5/1 admeasuring 276 square yards situated at Syed Nagar, First Lancer, Hyderabad, under the influence of respondent Nos.6 to B, which action of the respondents-authorities it is contended as illegal, arbitrary and against the principles of natural justice apart from violation of Articles 14 and 2L of the Constitution of India.

4. Petitioner contends that the subject property belongs to his grandfather; and that taking advantage of petitioneas father ill-health, the second wife of petitioner's father had sold the subject property with an intention to grab the valuable property beionging to the petitioner and l 2 with the help of the respondents-authorities, is trying to dispossess the petitioner from the subject property, thereby, interfering in the civil dispute.

5. Per contra, learned Government pleader for Hcme appearing on behalf of respondent Nos.1 to 5, while denying the writ averments, would submit that one Mrs.Fahmeeda Begum had approached the respondents- authorities and lodged a complaint against Mohd.Siddique and others, claiming the said persons having kespassed into her house property, broke locks and abused her in filthy language and soLght to take action against Mohd.Siddique and others.

6. Learned Government Pleader further submits that the respondents- authorities on receiving the aforesaid complaint from Mrs.Fahmeeda Begum, who is none other than the petitioner's wife, and claimed to have acquired the subject property from her father-in-law, had made a GD entry on 13.05.2025 and during the course of preliminary enquiry into the aforesaid complaint, having noticed that there exists a c vil case in relation to the subject propefty between the complainant and the unofficial respondents herein, have closed the same as .civil in nature, on

78.07.2025 and issued intimation of the action taken tt the complainant i.e. Mrs.Fahmeeda Begum on 18.07.2025 through pMS.

7. Learned Government Pleader further submits thal. the respondents- authorities except causing preliminary enquiry into the complaint lodged i I I I : I 3 by the petitioner's wife herein against Mohd.Siddique and others are not interfering into the alleged civil dispute in relauon to the house property bearing No.10-5-3911611admeasuring 276 square yards situated at Syed Nagar, First Lancer, Hyderabad. B. The aforesaid submission made by the learned Government pleader for Home appearing for respondent Nos.1 to 5 is taken on record.

9. Having regard to the submissions made as above, and taking note of the fact that the petitioner's wife, Mrs.Fahmeeda Begum, having approached the respondents-authorities initially on 13.05.2025 and Iodging a complaint against Mohd.Siddique and others of having trespassed into her house, the respondents-authorities having made a GD entry and causing preliminary enqulry having closed the complaint as.civil in nature'on L8.07.2025, this Court is of the view that the respondents- authorities are to be directed not to interfere in the civil dispute except such dispute leads to commission of a cognizable office under Cr.p.C.

10. Subject to above direction, the Writ petition is disposed of. No order as to costs.

11. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. //TRUE COPY// SD/.A. JAYASREE ASSISTANT REGISTRAR SECTI FFICER To 1 . The Principal Secretary, Home Department' Secretariat, State of Telangana z. i-fre bommissioner of Police, Hyderabad, Telangana State' at Hvderabad. State. Telangana State. Hyderabad.

3. The Deputy Commissioner of Police, West Zone, Hyderabad, Telangana

4. The Assistant Commissioner of Police, Banjara Hills Division, Hyderabad,

5. The Station House Officer, Banjara Hills Police Station Banjara Hills, Hyderabad. [OUT]

6. Two CCs to GP FOR HOME, High Court for the State of Tetangana at 7. One CC to SRI HABEEB ABUBAKAR ALHAMED, Adv,rcate tOpUCl B. Two CD Copies SA LS 1r/ HIGH COURT DATED:2310712025 ORDER WP.No.20820 of 2025 ,r SI..-;-\.- a_ '. 09 Si:P Zffi DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. ///z /d, /