High Court · 2025

Judgment

1. The State of Telangana, Rep by its Principal Secretary, Home Department, Secretariat, Building at Hyderabad. 2 3 4 E 6 7 o I The Superintendent of police, Vikarabad, Vikarabad District. The Deputy Superintendent of Police, Parigi, Vikarabad District' The Station House Officer, P. S. Bomraspet, Bomraspet Mandal, Vikarabad District. K. Buddi Bai, Wo Late. Devula Naik Aged 73 Years, Occ Housewife, R/ o' Cn"rrur111rnilrli Thanda, Burahanpur Viilage, Bomraspet Mandal, Vikarabad District. K Bandva Naik. S/o Late Hariva Aqed 72 Years, Occ Agriculture R/o Cheruvurirundali Thanda, Burahahpur Village, Bomraspet 1t/andal, Vikarabad District. K. Sevva Naik. S/o,Late Hariva Naik, Aged 70 Years' Occ Agriculture, R/o Cr,1"*"l111rnoiti ltrbnoa, Burihanpur Viiiage, Bomraspet Mandal, Vikarabad District. K. Jamli Bai, W/o Late Ramu Naik, Aged about 70 Years, Occ Housewife, R/o. Cheruurrundali Thanda, Bura6anpur Village, Bomraspet Mandal' Vikarabad District. K.Bheemla,S/oLateSomla,NaikAgedabout64Years,OccAgridu.lture'R/o Cr,eirrurrhorii Tnanda, BLirahanprir Village, Bomraspet Mandal, Vikarabad District. '10. K. Hanmya, S/o Late Somla, Naik Aged about 7-0 Years, Occ Agricu.lture, R/o - Cf,eturu,i1rndali Thanda, Burahanp"ur Village, Bomraspet Mandal, Vikarabad District. '1 1. K. Pandu, S/o Late Somla Naik Aged about 62 Years, Occ Agricult.Yre, R/o C6erurrmundali Thanda, Burahan"pur Villagje, Bomraspet Mandal, Vikarabad District.

12. K. Bhoiva, S/o Late Somala, Naik Aged abput 60 Years, Occ Agricu.lture, R/o - Crl"ir,jiniunJati-i6anoa, Burahanp"ur Village, Bomraspet tirlandal, Vikarabad District. , ...RESPONDENTS

Petition under Article 226 of lhe 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 one in the nature of wRlT oF MANDAMUS declaring the action of the Respondent No.4 is illegal, arbitrary and violation of Principles of Natural Justice and violation of Article 14, 21, 300A of constitution of lndia and consequently direct the respondent No' 4 not to interfere with the possession of the petitioner in respect of Iand in sy. No. 248tAA2 to an extent of Ac 3-01 guntas, situated at cheruvumundali Thanda, Burahahpur village, Bomraspet Manda[, Vikarabad District- lA 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 court may be pleased to direct the respondent No. 4 not to interfere with the possession of the petitioner and not to protect the acts of the respondent No- 5 to 12 the land in Sy' NO' 248tAA2 to an extent of Ac 3-01 guntas, situated at cheruvumundali Thanda, Bomraspet Mandal, Vikarabad District, till disposal of the writ petition. Counsel for the Petitioners: SRI S.R.SANJEEV KUMAR Counsel for the Respondent No.1 to 4: GP FOR HOME The Court made the following: ORDER i::';i THE HON'BLE SRI ]USTICE T. VINOD KUMAR Writ Petition No.21390 ot 2O25 ORDER Heard Iearned counsel for the petitioners, learned Government Pleader for Home appearing for respondent Nos.1 to 4, and with the consent of the learned counsel appearing for the pafties, 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 /s involved, this Court is of the view that notice to unofficial respondent Nos.5 to 12 is not necessary for adjudication of the present Writ Petition.

3. The case of the petitioners, in brief, is that, the 4n respondent is interfering with the petitioners' possession over land admeasuring Acs.3.01 guntas in Sy.No.24BlAA2 situated at Cheruvumundali Thanda, Burahanpur Village, Bomraspet Mandal, Vikarabad District, at the behest of the unofficial respondents, which is sub judice before the competent Court of Civil jurisdiction, which action oF the respondents-authorities it is contended as highiy illegal, arbitrary and without authority/sanction of law.

4. Per contra, learned Government pleader for Home appearing cn behalf of respondeflt Nos.l to 4, while denying the writ averments, would I i l t 2 submit that the 2nd petitioner herein had approached the respondents- authorities and lodged a complaint on 02.07.2025 against the unofficial respondents herein.

5. Learned Government Pleader further submits that the respondents- authorities, on receiving the aforesaid complaint, have made a GD entry and caused preliminary enquiry, and during the course of preliminary enquiry, since, it is noticed that there exists a dispute between the petitioners and the unofficial respondents in relation to the subject land, which is the subject matter of a suit, vide O.S.No.2B of 2025, the respondents-authorities have closed the aforesaid complaint as 'civil in nature' on the same day i.e. on 02.01.2025, and also issued intimation to the 2nd petitioner herein informing her of the action taken thereon.

6. Learned Government pleader further submits that the respondents_ authorities, except causing preliminary enquiry into the complaint lodged by the 2nd petitioner, have neither visited the subject land, nor intefered in the civil dispute that may exist betvveen the petitioners and the unofficial respondents. or with the alleged possession of the petitioners over the subject land being claimed by them, and the aforesaid allegations are made only to cause prejudice to the respondents-authorities. I I i 3 7 . The aforesaid submission made by the learned Government Pleader for Home appearing on behalf of respondent Nos.1 to 4 is taken on record. B. In view of the aforesaid submission and having regard to the fact that the 2nd petitioner herein had approached the respondents-authorities on 02.07.2025 by lodging a complaint against the unofficial respondents herein and after causing preliminary enquiry, having closed the said complaint as'civil in nature'on the same day, this Court is of the view that the respondents-authorities are to be directed not to interfere in the civil dispute that may exist between the petitioners and the unofficial respondents herein, except in the event of any issue arising attracting the provisions of the Criminal Procedure Code warranting initlation of action exercising powers under BNSS and Police Act.

9. Subject to above direction, the Writ Petition is disposed of. No order as to costs.

10. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. SD/-P. PONNA KRISHNA S ISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1 . The Principal Secretary, Home Department, Secretariat, Building at Hyderabad, State of Telangana.

2. The Superintendent of police, Vikarabad, Vikarabad District' 3. The Deputy Superintendent of Potice, Parigi, Vikarabad District' 4. The Station House Officer, P. S. Bomraspet, Bomraspet Mandal, Vikarabad District. I ! {- I I I I \ 5 One CC to SRI S R SANJEEV KUMAR' Advocate IOPUCI 6 Two ccs to Gp- FoR HoME, High court for the state of Telangana at Hyderabad [OU I ]

7. Two CD CoPies BSR BS W HIGH COURT DATED:2410712025 ) ORDER WP.No.21390 of 2025 1HS S14 14: o +) 3, IoJUt- 216 o (' t I DISPOSING OF THE WRIT PETITION, WITHOUT COSTS i I I ,.1. 4