1. Dubbala Chinakka v. 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 an order or writ or drrection one more particularly in the nature of writ of mandamus declaring the action of the Respondents more particularly Respondents No.4 in issuing proceedings vide 81148412024 dated- 24.06.2025 under Section '164 BNSS in so far as petitioners land in sy.No. 6514841A extent Ac 1-26 Gts and sy.No. 65127011 extent Ac 4.00 Gts situated at Balaji anukonda -7 village, Chintanamapalle t\/andal, Kumarambheem Asifabad District are concerned as illegal, arbitrary and violative of Article 14, 21 and 3004 of the Constitution of lndia and contrary to the provisions of 164 BNSS and consequently set aside the 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 suspend the impugned proceedings issued by the 4th Respondents vide B,148412024 dated- 24.06.2025 under Section 164 BNSS in so far as petitioners land in Sy.No. 6514841A extent Ac 1726 Gts and Sy.No. 6a'127011 extent Ac 4.00 Gts situated at Balaji anukonda village, Chintanamapalle l.rlandal, Kumarambheem Asifabad District are concerned pending disposal of the main writ petition. Counsel for the Petitioner: SRI RAVI CHANDRA BEJJARAM Counsel for the Respondent Nos.1 to 4: SRI L. RAVINDER, GP FOR REVENUE Counsel forthe Respondent No.5: AGP FOR HOME Counsel for the Respondent No.6:-- The Court made the following: ORDER //// THE HON'BLE SRI JUSTICE K. LAKSHMAN wRIT PETITION No.21669 of 2025 ORAL ORDER: Heard learned counsel for the petitioners, Mr.L.Ravinder, learned Assistant Govemment Pleader for Revenue appearing for respondent Nos.l to 4 and learned Assistant Government Pleader for Home appearing for respondent No.5.

2. Petitioners herein are claiming that they are the absolute owners and possessors of land admeasuring AcJ -26 guntas in Sy.No.65/484/A and Acs.4.00 gurrtas ln Sy.No.651270l1 respectively, situated at Balaji Anukonda Village, Chintanamapalle Mandal, Kumarambheem Asifabad District. In proof of the same, they have filed copies of latest pattadar passbook-cum-title deeds. Petitioner No.1 has filed a suit in O.S.No.3O of 2024 against respondent No.6 on the file of the Junior Civil Judge, Sirpur, for permanent injunction. Learned trial Court granted temporary injunction in the said suit. Respondent No.6 has also filed a suit in O.S.No.155 of 2 2024 agairst petitioner No.l and the husband of petitioner No.l seeking perpetual injunction. Learned trial Court granted temporary injunction in the said suit. The aforesaid both the suits are pending and interim orders are in subsistence.

3. While the matters stood thus, respondent No.4 has promulgated the proceedings dated 24.06.2025 under Section 164 of the Bharatiya Nagalik Suraksha Sanhlta, 2023 (for shor1, 'BNSS, 2023'). Challenging the said proccedings, petitioners filed the present writ petition contending that respondent No.4 issued the said proceedings without considering the pendency of the said suits. In fact, there is no law and order problem.

4. As discussed supra,the impugned proceedings are under Section 164 of BNSS, 2023 and if the petitioners have any grievance or to delete the subject propefty fiom the said proceedings or to stay the said proceedings, they have to file an application under Section 16a(5) of BNSS, 2024, before respondent No.4 and it is for respondent No.4 to consider the same. ) Y 3 5 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 tikely to cause breach ofpeace and the same is extracted below: "(1) Whenever an Executive Magistrate is satisfied from a report of a police officer or upon other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof, within his local jurisdiction, he shall make an order in writing, stating the grounds of his being so satisfied, and requiring the parties concemed 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 respective claims as respects the fact of actual possession of the subject of dispute. (2) For the purposes of this section, the expression "land or water" includes buildings, markets, fisheries, crops or other produce of land, and the rents or profits of any such property. (3) A copy of the order shall be served in the manner provided by this Sanhita for the service of summons upon such pei-son or persons as the 4 Magistrate may direct, and at least one copy shall be published by being affixed to some conspicuous place at or near the subject of dispute. (a) The Magistrate shall, without relerence to the rnerits or the claims of any of the parries ro a right to possess the subject of dispute, peruse the statements so put in, hear the pafties, r eceive all such evidence as may be produced by them, take such furlher evidence, if any, as he thinks necessary, and, il'possible, decide whether any and which of the parties was, at the date of the order rnade by him under sub-section (1), in possession of the subject of dispute: Provided that if it appears to the Magistrate that any pafty has been forcibly and wrongtuliy dispossessed within two months next before the date on which the report of a police offrccr or other information was received by the IVIagistrate, or after that date and before the date of his order under sub-section (1), he may treat the pafty so dispossessed as if that party had been in possession on the date of his order under sub- section ( 1). (5) Nothing in this section shall preclude any pady so required to attend, or any other person Y 5 interested, from showing that no such dispute as aforesaid 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. (6)(a) If the Magistrate decides that one of the parties was, or should under the proviso to sub- section (4) be treated as being, in such possession of the said subject of dispute, he shall issue an order declaring such party to be. entitled to possession thereof until evicted therefrom in due course of law, and forbidding all disturbance of such possession until such eviction; and when he proceeds under the proviso to sub-section (4), may restore to possession the party forcibty and wrongfully dispossessed;(b) the order made under this sub-section shall be sewed and published in the manner laid down in sub-section (3). (7) When aty party to any such proceeding dies, the Magistrate may cause the legal representative of the deceased party to be made a party to the proceeding and shall thereupon continue the inquiry, and if any question arises as to who the legal representative of a deceased party for the purposes of such proceeding is, all persons 6 claiming to be representatives of the deceased party shall be made parlies thereto. r\ (8) If the Magistrate is of opinion that any crop or other produce of the property, the subject of dispute in a proceeding under this section pending belbre him. is subject to speedy and natural decay. he may make an order for the proper custody or sale ofsuch property, and, upon the completion of the inquiry, shall make such order lor the disposal of such property, or the sale-proceeds thereof, as he thinks flt. (9) The Magistrate may, if he thinks trt, ar any stage of the proceedings under this section, on the application of either party, issue a summons to any witness directing him to attend or to produce any document or thing. ( 10) Nothing in this section shall be deemed ro be in derogation of powers of the Magistrate to proceed under section 126."

6. In the light of the said discussion, notice to respondent No.6 is dispensed with. This Writ Petition is disposed of granting liberty to the petitioners to submit an application under Section 16a(5) ofBNSS,2023 enclosing all the relevant documents with respondent No.4 rvithin one week from the q/ / To. 1 L 7 date of receipt of a copy of this order. On filing of such application, respondent No.4 shall consider and dispose it of in accordance with law, within four (4) weeks from the date of fiting of the application, by putting the petitioners, respondent No.6 and all interested parties on notice and affording them an opportunity. Miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs' SD/. V.KAVITHA D PUTY REGISTRAR //TRUE COPY// SECTIO N OFFICER State of T6langana, Hvderabao'

1. The Principal Secretary' Revenue Department' Dr' B'R Ambedkar Secretariat' z. BiSii.i'ctr i;;6;:, Iium't;m B heem Aslf abad Di stri ct' 3. Revenue Divisional diiU;' K;'"';'mBheem Asifabad District' Chint"n'm'nepalli Mandal' 4 Tahsildar - tVlandal nt"""iJg "tti"ii . Si r i'ruS}3: T, fl'JL?::8R i1[51., n' p" t t v M a n d a r' Kh u m a ra b h e e m Asifabad District. ?*fgg";ssi",;Rx'?JLl:"'i,J1'u#|""."fi iBl"',:u"P1"'"nn'n''" +I1"6tt?; +?yEp to,. uo,", Hish court ror the State or relansana' at HyderabadlOUTl Two CD CoPies 6 7 o 9 TJ TKS e \ HIGH COURT DATED:2510712025 ORDER WP.No.21669 of 2025 -/'::' ,/:: .:\ $3 CrT 20m I Di' .:, /, . ,,;,, '/'/- DISPOSING OF THE WRIT PETITION WITHOUT COSTS l