High Court · 2025

THE HONOURABLE SRI JUSTICE N'TUKARAMJI WRIT PETITION NO:24 330 0F 2025 Between: --'-flll"Jt lltw?:Bd';;.5"ff i'-i,i:'# Aoe 47 Years, Occ. Bustness' b Minoat, Karimnagar t-ltst' ...PETITIONER Home DePt., Dr' B R AND 1 l[".$il?-"J,J,$3l3tl3i.t3lilli5il?lro'i3""'111 Police, Karimnagar' Police Commissionarate,

2. The Commissioner of Karimnagar'

3. The Station House Officer' P'S'' Choppadandi 4. The Asst. Director Survey and Land Records' Karimnagar 5. The Mandal Surveyor' Choppadandi Mandal' ...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 one in direction in nature Writ of Mandamus' declaring the action of the Respondents in interfering with the peaceful possession' and enjoyment of Petitioners agriculture land in Sy No'31/A to an extent of Ac0-1O % Gts. situated at Choppadandi village and Mandal of Karimnagar District' as well as life and liberty of the Petitioner as illegal and arbituary and violative of fundamental rights guaranteed by the Constitution of lndia under Article '14' 19' 21 and300-A of Constitution of lndia and consequently direct the Respondents not to interfere with the Petitioners property in Sy'No'31/A to an extent of Ac.0-10 % Gts. situated at Choppadandi village and Mandal of Karimagar District as well as life and liberty in any manner without following due process of law' i1 IANo: 10F 2025 Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High cor,rt may be preased to direct the Respondents not to interfere with the petitioner,s property in sy'No 31/A to an extent of Ac 0-r0 % Gts. situated at choppadandi virage and Mandar of Karimnagar District as we, as rife and riberty in any manner without following due process of law. Counset for the petitioner: lXf l,laXSHMt NARAYANA, RE:p. FOR SRI ANNNAMPELLI GANGADHA.R Counsel for the Respondent No.1 to 3: SRI R.LAXMIKANTH REDDY AGP FOR HOME Counsel for the Respondent No.4 & 5: Gp FOR REVENUE The Court made the following: ORDER THE HONOURABLE SRT JUSTICE N'TUKARAMJI WRIT PETITION No.2433 0of 202s ORDER: This writ petition is filed seeking following relief: 'rt:rn'"- to o, "'innt " ..-to issue one in direction in nature llrit of Mandamus' declaring the action of the Respondents in interfering w.tth the peaceful possession. and enjoyment of Petitioners agriculture land in of 't'c'o-to t/2 Gts' situated at Choppadandi ";;-;;i^ tillage and Mandal of Karimnagar District' as well as tife and liberty i"rur"r", as ill"gal ond )nbituo'y and violative offundamental rights guaranteed by the Constitution of India under Article l4' l9' 2t and 300-A of Constitution of India and consequently direct the Respondents not to interfere with the Petitioners property in Sy.No.3l/A to an extent of)c 0-10 l/2 Gts situated at Choppadandi liol" ora Mandal of Karimagar District as well as life and liberty 'r;-;;;; ;""r", without following due process of law " ' "

2.IhaveheardSriT.LakshmiNarayana,learnedcounsel representing Sri Annampelli Gangadhar' leamed counsel for the petitioner and Mr' R Laxmi Kanth Reddy' learned Assistant Govemment Pleader for Home appearing on behalf of resPondent Nos.1 to 3'

3. Learned counsel for the petitioner submits that' on O8.08.2025,a police report was lodged by one Mr' D' Anand' an adjacent landowner to the petitioner' ln relation to the Same incident, the petitioner had also approached the police 2 1r :l t 1:i,at{ and lodged a report; however, his complaint was neither considered nor acted upon. The petitioner contends that, under the guise of the pending crime, he is being repeatedly summoned to the police station and subjected to undue pressure to arrive at a settlement of what is essentially a civil dispute. Such actions, it is argued,, amount to unwarranted interference with the petitioner,s peaceful po ssession and enJoyment of his property. Accordingly, he prays fbr appropriate directions to the respondent police to prevent such interference. 4' on the other hand, the learned Assistant {iovernment Pleader appearing for respondent Nos. I to 3 submits that, upon registration of Crime No. 165 of 2025, investigation proceedings are underway, and the petitioner has already been served with notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS). It is further submitted that the allegation of police interference in civil litigation, or of pressurizing the petitioner into settlement, is wholly unfounded and that no such interference has been caused by the respondents. \ 3 5 I have perused the materials on record' In view of the submissions advanced by leamed 6. counsel for the parties, and upon consideration of the materials placed on record, it is evident that the occurrence pertains to a dispute concerning immovable properly' Accordingly, the respondent police authorities are directed not to interfere in matters that are purely civil in nature between the parties, nor shall they' in any manner' subject the petitioner to coercion or pressure for settlement of such civil disPutes 7 . Furthermore, in the registered crime the respondents aredirectedtoensurethatallproceedingsareconducted strictly in accordance with the provisions of the Code of Criminal Procedure and the Bharatiya Nagarik Suraksha Sanhita(BNSS), particularly with reference to Section 41-A and Section 35(3) of the BNSS' The respondents shall also scrupulously adhere to the guidelines laid down by the Hon'ble Supreme Court in Arnesh Kumar v state of Bihar' thereby safeguarding the rights of the petitioner while 4 allowing investigation to framework of law. proceed strictll. within the 6 Accordingly, this writ petition is allowecl. No order as to costs. As a sequel, miscellaneous petitions, pe.nding if any, shall stand closed. S AD B{i+i,H'd8p{f- To, //TRUE COPYII ECTTON OFFICER Uio 1 The Principal Secretarv Ambedkar Telangana State Police Commissionarate Decretariat, Hyderabadl s[8J"?fli8lt"o* '* If,g Commissioner of Police, Karimnagar Kaflmnagar. . The Station House Officer, p.S., Choppadandi The Asst. Director Survey and Land Records, Karimnagar. The Mandal Surveyor, Choppadandi Mandal. One CC to SRt ANNNAMPELLI GANGADHAR, Advocate tOpUCl Iffi"r:ff.t".sfi FoR HoME, Hish court ror the stat{r or reransana at Iy&:r3:"l"r""rtlFoR REVENUE, Hish court for the stare or rerangana at Two CD Copies 2 J 4

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8. I BSR PSK N- HIGH COURT DATED:18 tOBt2O2S d ORDER WP.No.24330 of 2O2S I I l l :.\ (: i\-.-,\ t-.1-.'.\' 0I sEP 206 \:. ALLOWING THE WRIT PETITION, WITHOUT COSTS T I q