✦ High Court of India · 04 Aug 2025

High Court · 2025

Case Details High Court of India · 04 Aug 2025
Court
High Court of India
Decided
04 Aug 2025
Length
1,139 words

THE HONOURABLE SRI JUSTICE K'LAKSHMAN WRIT PETITION NO:22 756 0 F 2025 Between: 1 Konatham Sathi Reddy' S/o Late lilg' R:ddu Aoed about 74 years' occ. Asricultu'", nv6l"r('urril"ta-b-oliu Vitlige' xitidngo"o' tVlandal' Nalsonda 2 Konatham Nagabushanam Reddy' S/o' Late Linoa Reddy' Aged about 65 vears, occ. ng,i"'iiil"l"ivJI"r(Jrrr'"t'o"ir' ViilJg"' Kdttansoor tvlandal' irlalgonda District' District. ...PETITIONERS AND 1

2. J.

4. 5 6 7 The State of Telangana, Rep' by its Principal Secretary' Home Department' i;Hi;;ib;it ind, Secretiriat' Hvderabad' The Director General of Police' Telangana' Hyderabad' The Superintendent of Police' Nalgonda' Nalgonda District The Deputy Superintendent of Police' Nalgonda Division' Nalgonda District The Circle lnspector of Police' Shaligouraram Cirlce' Nalgonda District' The Station House Officer, Kattangur Police Station' Nalgonda District' fi:,JaiJ,""i?#Tf #J:.h31:,:'1,?,il6[, fl3Rx,ii,",'il?10":i[';'33i;]B?.,.", ..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 an appropriate writ' order or direction more particularly one in the nature of Writ of lt/landamus declaring the action of the Respondent No'6 in interferingintothecivildisputesbetweenthePetitionerandRespondentNo.T during the pendency of suit through vide O S'No 9 4 ot 2O2O on the file of Junior Civil Judge Court at Nakrekal and threatening to handover the land of the Petitioner to an ei(tent of Ac.1-19 Gts in survey No.B42, which is situated at Eduluru Village' Kattangoor Mandar, Nargonda District by taking the advantage of lnjunction order in o.s.No.94 of 2020 and trying to evict the petitioner from his land by infruencrng with the Respondent No.7 is iilegar, arbitrary, unco nstitutiona r and violation of Ar:icres 14, 1s,21 and 300-4 of constitution of rndia and arso violation of Principr,:s of Naturar Justice and consequenfly direct the Respondent No.6 to not to evir;t the petitioners from their agriculture land to an extent of Ac.'1 .18 Gts' in Survey No.B42, which is situated at Edururu Viilage, Kattangoor Mandal, Nargonda [)istrict by taking the advantage of injunction orders and porice protection orders. lA NO: 1 OF 2025 Petition unde' section 151 cpc praying that in the circumstances stated in the affidavit fired in s;upport of the petition, the High court may be preased to direct the Respondent No.i3 to not to evict the petitioners from their agricurture rand to an extent of Ac.1 .1 8 Cits, in survey No.842, which is situated at Edururu Viilage, Kattangoor [\irandar, Nargonda District by taking the advantage of injunction orders and police protectior orders pending disposal of the Writ petition. Counsel for the Petitioner: SRt RAPOLU BHASKAR Counsel for the Respondent Nos.1 to 6: SRI G. ANIKETH REDDY, AGP FOR HOME Counsel for the Respondent No.7:-- The Court made the following: ORDER THE HON'BLE SRI JUSTICE K'LAKSTIMAN WRIT PETITION No.22 756 of2025 ORDER: Heard learned counsel for the petltloners Sri G.Aniketh Reddy, learned Assistant Govemment Pleader for Home.

2. This writ petition is filed to declare the action of respondent No.6 in interfering with the civil disputes between the petitioners and respondent No'7 during the pendency of a suit in O.S.No.94 of 2020, without following due procedure laid down under law, as illegal'

3. Respondent No'7 filed a suit in O'S'No'94 of 2020 on thefileoftheJuniorCivilJudge,Nakrekal,againstthe petitioners and two others' seeking perpetual injunction' LearnedtrialCourtgrantedinteriminjunctiondated 31.07.2020 in I.A.No'189 of 2020 in O'S'No'94 of 2020 restraining the petitioners herein from interfering with the possession of respondent No'7 over the suit schedule property' 2

4. Acc,rrding to respondent No.7, despite the said order, petitioners are interfering with her possession over the suit schedule property and violated the order dated 31.07.2020 passed by the trial Court. Therefore, respondent No.7 sought police-aid by filing I.A.No.547 of 2023 in I.A.No.lg9 of 2020 in O.S.No.94 of 2020. Vide order dated 07.07.2025, Iearned trial Court granted police protection in favour of respondent No.7 and clirected respondent No.6/Station House Officer, Kattangar p,:lice Station, to provide police_aid to respondent No.7 herein.

5. It is relevant to note that respondent No.7 has filed the writ petition to declare the action of respondent No.6 in not providing police aid. This Court disposed of the writ petition granting liberty to respondent No.7 to submit a representation along with relevant documents by specifically mentioning the date and time on which police aid is required. On receipt of the same, respondent No.6 shall consider the same and provide police aid. 3

6. The grievance of the petitioner in the present writ petition is that respondent No'6 is interfering with the civil disputes during pendency of the said suit and also threatening the petitioners to handover the said properties to respondent No.7. Vide order dated 3l'01'2020 in I'A'No'189 of 2020 in O.S.No.94 of 2020, Iearned Junior Civil Judge' Nakrekal' granted ex-parte interim inj unction till I 4'08'2020' '7. According to learned counsel' the petitioners have already filed counter in I'A'No'1S9 of 2020' It is also further contention of the petitioners that respondent No'7 has obtained expartetemporary injunction in her favour and also obtained police aid vide otder dated O7 '07 '2025 with false and baseless allegations

8. However, the said aspects cannot be considered by this Court in a writ petition under Article 226 of the Constitution of India. It is for the trial Court to consider the said aspects on filing of the counter by the petitioners in I'A'No'547 of 2023 and decide the said application strictly in accordance with law' I d \_ ___ 4 The said injunction crder is made absolute. Without taking steps, petitioners can,t contend that respondent No.6 is interfering with the disputes between the petitioner and respondent No.7.

9. In the light of the said submissions, this writ petition is disposed o1'directing respondent No.6 to provide police aid pursuant to order dated 07.07.2025 in LA.No.547 0f 2023 in I.A.No.189 of 2020 in O.S.No.94 of 2020 on the file of the Junior Civil Judge, Nakrekal. There shall be no order as to costs. As a r;equel, thereto, miscellaneous petitions, if any, pending in the Writ petition shall stand closed. //TRUE COPY// SD/.MOHD.ISMAIL ISTRAR FFICER I \ To, 2 4 E o 7 B TJ GJP 1 The Principal_Secretary, Home Department, Secretariat Building, Secretariat, The State of Tel;lngand, Hyderabad. The Director General of Po[ice, Telangana, Hyderabad. The Superintendent of Police, Nalqonda, Naldonda District. The Deputy Superintendent of Police, Nalgon-da Division, Nalgonda District The Circle lnspector of Police, Shaligouraiam Cirlce, Nalgonda District. The S_tation House Officer, Kattangui Police Station, Nalgonda District. 9n" QQ to Sri Flapolu Bhaskar, Advocate tOpUCl L*g C9r to_ GP_ for Home, High Court for ttie Stat6 of Tetangana, at Hyderabad [OU1-] Two CD Copies HIGH COURT DATED:0 4tOBt2O2s ORDER WP.No.22756 of 2O2S I l ) a Fri, ,-) 2s rul M f, ,t /z 4 rct iEo DISPOSING OF THE WRIT PETITION WTHOUT COSTb l/ \s&\

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