The High Court · 2025

2. The Commissioner of Police, Basheerbagh, Hyderabad, Telangana State' 3. The Deputy Commissioner of Police, West Zone, Shanthi Nagar, Hyderabad' 4. The Assistant Commissioner of Police, Banjara Hills Division' Hyderabad' 5. The Station House Offlcer, Banjara Hills Police Station' Hyderabad' 6. Sri B.Dayakar Reddy, Sub-lnspector of Police, Banjara Hills Police station, Hyderabad.

7. Mohd. Zakir, Slo.Not known, Aged about 40 years, Occ Car Driver, Ri/o'17-5- 1 96, Dabeerpura, HYderabad.

8. Asma Begum, Wo. Mohd. Zakir, Aged about 35 years, Occ Housewife' Fl/o' 1 7-5-1 96, Dabeerpwa, HYderabad.

9.Mohd.Wali,S/o.MoM.lsmail,Agedabout52years,OccDriverRi/o17-5- 1 96, DabeerPura, HYderabad. ...RESPONDENTS 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 or order more particularly one in the nature of writ of Mandamus declaring the action of the respondents 2 to 5 in not taking any steps against the respondents 6 to I in interfering with peaceful possession and enioyment in respect of ttre petitioner house property bearing Municipal No.10-5- I I I 391/81, admeasuring 100 sq.yards situated at Syed Nagar r c'2" First Lancer' Hyderabad and not taking any action against respondents 7 o 9 inspite of the petitioner representations dated 6-8-201 5, 13-10-2016 and : -7'2017 and also registration of FlR.No.1174 of 2016 dated 28-12-2016 and : R.No.239 ol 2017 dated 7-3-2017 on the file of the Station House officer Banjarzrl ills, Police station, Hyderabad and against the respondent 7 to 9 and also the action of the 6th : respondent in forcibly vacating the petitioner from the petitions' house property in collusion with respondents 7 to 9 by misusing official capacitl' rs illegal' arbitrary, unjust and against Article 300-A and 14 of constitution of lnd i and consequential directions to the respondents 2 to 5 to take immediate st3 ls against the 6th respondent and respondents 7 to I who had illegally and fo cibly took over the possession of the petitioner house property bearing Munic t al No.10-5-391/81' .t00 sq.yards situated at Syed Nagar No.2., First Lancer, Hyderabad admeasuring by handing over the keys to the petitioner forthwith. l.A. NO: I OF 201 7(WPMP. NO:31567 oF 20't7) Petition under Section 151 CPC praying that in the cirl lmstances stated in the affidavit filed in support of the petition, the High court ma7 be pleased to direct the respondents 2 to 5 to take immediate steps against th(, 3th respondent and respondents 7 to 9 who had illegalty and forcibly took over 1t e possession of the petitioner house property bearing Municipal No.10-5-391/t," admeasuring 100 sq.yards situated at Syed Nagar No.2., First Lancer, Hyderal ad by handing over the keys to the petitioner forthwith pending disposal of the abc /e writ petition. Counsel for the Petitioner: SRI KARUNAKAR REDOY (NOI 'RESENT) Counsel for the Respondents No.1 to 5: GP FOR HOME Counsel for the Respondent Nos.6 to 9: - The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.25 4540F 2017 ORDER: This Writ Petition is filed under Arlicle 226 of the Constitution of lndia seeking the following relief: "--.lo issue a Wit or order more pafticulaly one in the nature of Wit of Mandamus declaring the action of the respondents 2 to S in not taking any sfeps agarnsl the respondenfs 6 fo 9 in inteiering with peaceful possession and enjoyment in rcsryct of the petitioner house property bearing Municipal No.10*391/81, admeasuring 1O0 sq.yards, situated at Syed Nagar No.2, First Lancer, Hyderabad and not taking my action against respondents 7 to 9 in spite of the petitioner representations dated 6-8-2015, 13-10-2016 and *l-2011 and also registration of FlR. No.1174 of 2016 dated 28-12-2016 and FlR. No. 239 of 2O17 dated 7-3-2017 on the file of the Station House Officer, Banjarahills Police Station, Hydenbad and against the respondents 7 to 9 and also the action of the * respondent in forcibly vacating the petitioner from the petitioner house propedy in collusion with respondents 7 to 9 by misusing offrcial capacity, as iilegat, arbitrary, unjust and against Articles 300-A and 14 of Constitution of lndia and consequential direclions to the respondents 2 to 5 to take immediate sfeps aga,nst the dh respndent and respondents 7 to g who had illegally and forcibly took over lhe possesslo n of the petitioner house property . bearing Municipal No.10-S-391/81, admeasuing 100 sq.yards, situated at Syed Nagar No.2, First Lancer, Hyderabad by handing over the keys to the petitioner forthwith and to pass such other order or orders..."

2. None appeared on behalf of the petitioner. 2 3, Mr. M. Srinivas, Iearned Assistant Government F leader for Home, appearing on behalf of respondent Nos. 1 to 5, submits tl at the respondent police authorities have never interfered with the petiti<l rer's civil dispute, except in connection with inquiries conducted in Crime l los. 1174 of 2016 and 239 of 2017 of Banjara Hills Police Station, Hyderat ad. lt is submitted that the allegations made by the petitioner are unfoundec . He further states that the said crimes were closed after due investigation, the former (Crime No. 1174 of 2016) on the ground of lack of evidence at'r I the latter (Crime No. 239 oI 2017) as undetected. lt is also submitted il at the petitioner's allegation that respondent No. 6, in collusion with the un,: ficial respondents, forcibly evicted him from the property, is wholly unsuppol :d by any material evidence. Accordingly, the learned Pleader prays for di, ;missal of the writ petition.

4. I have perused the material placed on record.

5. Having considered the averments made in the erl idavit filed by the petitioner and the submissions of the learned Assistant () lvernment Pleader for Home, this Court finds it appropriate to direct thir respondent Nos. 1 to 6 / police authorities shall refrain from interfering wit r the civil disputes , _.-_.-ot,n" petitioner, except in strict accordance with law. {,,'7 / 3

6. lnsofar as the contentions raised against the unofficial respondents are concerned, the petitioner is at liberty to avail appropriate remedies as available under law, if the cause of action still survives.

7. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs Pending miscellaneous applications, if any, shall stand closed. SD/- B.REKHA RANI ASSISTANT REGISTRAR 6 //TRUE COPY// SECTION OFFICER To

1. The Principal'Secretary to Home Department' State of Telangana' Secretariat Buildings, HYderabad :

2. The Commissioner of Police, Basheerbagh, Hyderabad, Telangana State' 3. The Deputy Commissioner of Police, West Zone' Shanthi Nagar' Hyderabad' 4. The Assistant Conrmissioner of Police, Banjara Hills Division' Hyderabad' 5.ThestationHouseofficer,BanjaraHillsPoliceStation,Hyderabad. 6. One CC to SRI KARUNAKAR REDDY, Advocate [OPUCI 7. Two CCs to GP for Home, High Court for the State of Telangana at Hyderabad. [OUTj

8. Two CD CoPies MP TKS dt- I I HIGH COURT DATI'.D:0811012025 ,2 k." rli€ i.r i) iiol'.1:: lt: .,) SIa : E ?{126 z (_,F t 'tO ORDER WP.No.25454 ot 2017 DISPOSING OF THE VI RIT PETITION WIT HOUT COSTS r( l" -\.h.1'