High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the the High Court maY be circumstances stated in the affidavit filed therewith, ...RESPONDENTS pleased to issue an appropriate writ, order or direction, preferably in the nature of a writ of writ of Mandamus decraring the action of the Respondent No.7to gin interfering with the herp of Respondent No 4 to 6 with the peacefur possession and enjoyment of petitioners by contemprating to occupy petitioners agricurture land (Paddy fierd)situated at sy.No 93, 94 to an extent of Ac.1-20gts, Kamanpur Mandal , Penchikalpet Village, Peddapalli District, Telangana state as arbitrary, illegar, contrary to raw and in vioration of principres of naturar justice apart from being in vioration of Articre 300-4 of the constitution of India and consequenry direct the Respondents No. 7 to g not to interfere with the peacefur possession and enjoyment of Agricurture rand (paddy Fierd) of petitioner situated at Sy.No 93' 94' Kamanpur Mandar , penchikarpet Virage, peddapari District, Terangana state in any manner, in the interest of justice. IANO:2O F 2025 Petition under Section I51 CPC praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the Respondent No 4 to 6 to protect the petitioner from the respondents No' 7 to t herein, pending disposar of the main writ petition. IA NO: 10F 2025 Petition under section 151 cPC praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the Respondents 7 to g not to interfere interfering with the herp of Respondent No 4 to 6 with the peacefur possession and enjoyment of petitioner by contemprating to occupy the Agricurture rand (paddy Fierd )situated at sy.No 93' 94 to an extent of' Ac' 1-20gts. Kamanpur rvlandar , penchikarpet Vi age, Peddapa'i District, Terangana state and there is a threat to the petitioner,s rife. Counsel for the petitioner : SRt VENTRAPRAGADA ARAVIND counsel for the Respondents No.1to5 : sRr B.sRrb;AR, AGp FoR HOME Counsel for the Respondents No.6tog : The Court made the following: ORDER --_ IION'BLE SRI JUST'ICE K. LAKSHMAN WRI'[ PETITION No.22868 oF 2025 ORDTiR: IJeard Sri Ventraplagaila Aravind' learned counsel fbr the . petitioner and Sri B. Sridtrar, Iearned Asst'Govt' Pleader for Llome' 2. This rvrit petition is filed to declare the action of respondents 7 to 9 in intert-ering with the possession and enioyment of the petitioner over the subject propefty' with the help of respondents 4 to 6.

3. According to the petitioner, they have filed a suit tn o.S.No.3Tlof202tagainstrespondentNo.Tforperpetual injunction. Vide order dated 13 08'2021 in I'A'No'161 of 2021' learnedllAdditionalJtrniorCivitJudge,Manthani,granted temporary injunction in lavour of the petitioner' According to him' the said injunction is subsisting and the said suit is pending'

4. During the pendency of ttre said suit and subsistence of the interim injunctionl at the instance of the respondents 7 to 9' respondents 4 to 6 are intert-ering with the possession and enjoyment of the petitioner over the subject property without foltowing due proceclure laid clown under law' Challenging the said 2 actron of respondents 4 to 6, thc petitioner filed the present writ petition.

5. Whereas, Sri B.Sridhar, learncd Asst. Covt. pleader for .Home, on instructions, would subrnit that on thc conrplaint todged by 8'l'respondent,5,h respondent has registered a casc in cr.No.g9 of 2025, against the petitioner for. thc otlences uncler Sections 296 (b),:St (2) read, with 35t(2) read w.ith 3(5) of tsharatiya Nyaya Sanhita, 2023 ( for shoft, ,thc BNS,) 3( l) (r) (s), 3(2) (va) ot rhe Scheduled Castes and the Scheduled Tribes (l)revention of Atrocities) Act,20t5 ( for short, ,rhe Acr,).

6. Since the punishment prescribecl lor the atbrcsaid offences is below seven years, the Investigating Ofticer lias already scrved a notice under Section 35(3) of tsharatiya Nagarik suraksrra Sanhita, 2023 (for short, ,the BNSS,) on the petitioner. While conducting investigation. the Investigating Otlicer, rvill tbllorv the procedure Iaid down under BNSS. Responde^ts 4 to 6 nc'cr interrbred with the possession of tire fetitioncr over the subject propefty as alleged in the wr-it affidavit.

7. In the light of the afbresaid discussion' the writ petitton ts disposed of directing the respondents 4 to 6 not to interfere with the civil disputes pending betr'veen the petitioner and respondents 6 to 9 and not to interl-ere rvith the possession of the petitioner over the subject property Llowcver' Investigating Off,rcer in Cr'No'89 of 2025 shall conduct investigation strictly in accordance with the procedure laid down under BNSS l{esponclents J to 6 are directed under the gutse ol investigatton tn not to harass the Pettttoners Cr.No.89 o12025' As a sequel thereto' miscellan in the writ petition shall stand closed' eous petitions, if anY Pending ^:s{,El..sH'$+HIA //TRUE COPY// secrHffirrrcrn To,

1. The Principal Secretary' Home Department' Secretariat Buildings' State of ' i.irng"ni, HYderabad' ,l:',:Enil:?:s:#i;,",,i"r:;f, 3[:'nuno"Poricecommissionertate' District. .::",,,1Sj1y"::lI'A?H;J,fl :?ill"S;[.1$3fi i8t1li:I""* 4. The Asst Commissioner Of Police' Kamanpur Division' Kamanpur' Peddapalli 5. The station House officer, Kamanpur porice station, Kamanpur, peddapalli 6. One CC to SRI VENTRAPRAGADA ARAVIND' Advocate' IOPUCI 7. Two CCs to GP FoR HONIE' High Court for the State of Telangana' [OUT] 8. Two CD CoPies- District. BSK GJP ( l' lI I li.;Ha S i4 ic HIGH COURT DATED:01 tO8t2O2S ORDER WP.No.22868 of 2O2S DISPOSTNG OF THE WRIT PETITION WITHOUT COSTS \)- ?;o