✦ High Court of India · 01 Aug 2025

Age^ {5 years' Occ' v. The State of Telangana

Case Details High Court of India · 01 Aug 2025
Court
High Court of India
Decided
01 Aug 2025
Length
1,299 words

Petition under Article 226 of Ihe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith' the High Court may be pleased to issue an appropriate Writ, Order or direction more particularly one in action of the No 2 to 7 in not the nature of Writ of Mandamus declaring the 15.7.2025 and 28t512025 and in considering the petitioners representation dated from illegallY inter-fering with not restraining the respondents No'8 to 23 possession and enloyment of the petitioners in Sy No 269' 266 ' 24O' 235 ' 236' 237,238.23o,223totallyadmeasuringAc.15-37,1i2gts.,situatedat ThirumalagiriVillageandMandal,SuryapetDistrict'bearingpassbook No.T29220020il4, f2g220)20613 and 129220020612 by providing necessary n and property as illegal, arbitrary and contrary to settled principles aid for Perso consequently direct the respondents No 2 to 7 to restrain the of law and respondents No B to 23 from interfering and obstructing the petitioners cultivation in Sy No.269, 266,240'235,236'237'238'230'223 totally admeasuring Ac l5- rt:;. 37 1t2 gls., situated at Thirumalagrri Village and Mandal. suryapet District, further direct the respondents No.2 to 7 to remove Flexi/ banner erected by the respondents No.8 to 23 in petitioners land in the interest of justice- 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 respondents No.2 to 7 herein to restrain the respondents No.B to 23 from interfering and illegally alienating the land in Sy.No'269, 266, 240, 235' 236' 237, 238, 230, 223 totally admeasuring Ac.15-37 l/2 gts', situated at Thirumalagiri Village and Mandal, Suryapet District, bearing pass book No.T292 20020 il 4, r 292200206 1 3 and r 292200206 1 2, be lon g s to the petitioners in any manner, pursuant to the representation of the petitioners dated 151712022 pending disposal of the writ petition. Counsel for the Petitioner : SRI K.VEERASWAMY Counsel forthe Respondents No.1to4: SRI L.RAVINDER, AGP FOR REVENUE Counsel for the Respondents No.sto7: SRI B'SRIDHAR, AGP FOR HOME Counsel for the Respondents No.8to23 : -- The Court made the following: ORDER HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.22581 OF 2025 ORAL ORDER: IIcard loamed counsel for the petitioners and Mr. L. Ravinder, lcamed Assistant Government Plcadcr for Revenue appearing on behalf of respondent Nos. i to 4 and also Mr. B. Sridhar, learned Assistant Government Pleader for Home appcaring on behalf of respondent Nos.5 to 7

2. Thc petitioners herein are clainring that they are thc absolute owners and possessors of suit schedule properties in O.S. No.2 of 2020 pending on the file of Junior Civil Judge at l hungathurthy They have filed the aforesaid suit against respondent Nos.S to 13 for perpetual ir-rjunction. The trial Courl granted ad interim injunction against the said respondents. Ihe said suit is pending. During subsistence ol said interim iniunction, rcspondent Nos.8 to 23 are interfering u,ith the possession of the petitioners and they are not pcnnitting them to enter into the suit schedule propefty. Therefore. thoy have submitted representations dated 1 5.07.2025 and. 28.05.2025 to respondent Nos.2 to 7 with a request to restrain respondent Nos.S to 23 from interfering rvith their possession over the suit schedule 2 Xj-,J W.P. No 22581 ot2025 properties. Despite receiving and acknowledging the said representations, respondent Nos.2 to 7 did not act upon the same Aggrieved by the said inaction of respondent Nos.2 to 7, the petitioners filed the present writ petition.

3. Respondent Nos.S to 23 are private parties. If they violate the interim injunction order, thc pctitioners have to take steps ln accordance with the procedure laid down under the Code of Civil Procedure, 1908. If thcy require police aid, thel' have to file an appropriate application beibre the Court concemed seeking police aid. On obtaining such order, they have to approach the Police Station concemed. But, they cannot approach this Court alleging non- consideration of the said representations. Therefore, the petitioners are not entitled for any relief, much less the relief sought in the present writ petition. Thus, this writ petition is devoid of merits and is liable to be dismissed.

4. This writ petition is accordingly dismissed. However, liberty is granted to the petitioners to take steps in accordance with the procedure laid down under law. In the circumstances of the case, there shall be no order as to costs. .l KI,.J W P No 22i81 ol202i As a sequel thcreto. miscellaneous petitions, if any, pending itr the u,rit petition shall stand closed SD/.S. MALLIKARJUNA RAO ANT REGISTRAR A :\ //TRUE COPY// SECTION OFFICER To,

1. One CC to SRI K.VEERASWANiIY' Advocate. [OPUC] 2'TwoCCstoGPFoRREVENUE,HighCourtfortheStateofTelangana. 3TwoCCstoGPFORHOME,HighCourtfortheStateofTelanganaat Hyderabad. [OUT] l l i i 4 Two CD Copies BSKn BS \I ^-KYT \ I ',. t. ,, 14: '( ,,., tl1 10 AUE z0z5 \'. )- O. i t Oe, - ,-4.r- :;t '- HIGH COURT DATED:31 10712025 ORDER WP.No.22581 of 2025 DISMISSING THE WRIT PETITION WITHOUT COSTS (A- ffi.,-f I i i i l I I l i I i I

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