The High Court · 2025
Case Details
Acts & Sections
1. Sura Rama Murthy, S/o. Late Sri Sura Krishna Murthy,.aged^49 years,.Occ gusires., R/o. H.No.1-5-431/1 , Shivanagar Colony, Alwal, Secunderabad' Ranga Reddy District. Petitioner No.1 is the GPA Holder of Petitioner No.2 to 4.
2. D. Brahmaiah, Sio Sri D. Ramaiah, aged about 56 years, Occ Business.., Rio U.No. Z-BtZtl , Suraram Colony, Sundemagar, Jeedimetla, Quthbullapur Mandal and Municipality, Ranga Reddy District.
3. K. Narsimha Rao, S/o Late Sri K. Malakondaiah, aged about 48 years, Occ Business, Rio H.No. 1-20-195, Gokulnagar, Venkatapuram, Alwal, Ranga Reddy District.
4. Dasari Madhava Rao, S/o Sri Dasari Yarraiah, aged about !3 years, Occ Buslness, Rio H.No. 1'1-951212, G.V. Enclave, Old Aiwa, Ranga Reddy District ...PET]TIONERS AND
6. The State of Telangana Department of Home,, Secretariat, Saifabad, Hyderabad rep. by The Principal Secretary. The Commissioner of Police, Cyberabad, Ranga Reddy District Telangana State. The Assistant Commissioner of Police (North Zone), Pet Basheerabad, Alwal, Secunderabad. Telangana State The Station House Officer, Alwal, Secunderabad, Telangana State. Smt. K. Hemalatha, W/o Sri K.Lakshmikantha Reddy, aged about 58 years' Occ Housewife, Rio Flat No. 404, Sai Pragathi Towers, Himayathnagar, Hyderabad.-500 029 Telangana State Sri Santosh Gaud, Sio not known to the petitioners, Age Major, FUo Plot No.25, Near Saibaba Temple, Lothukunta, Alwal, Ranga Reddaya District, Telangana state ...RESP.NDENTS Petition under A(icle 226 of the Constitution of lndizL praying that in the circumstances stated in the affidavit filed therewith, the - gh Court may be pleased to issue a Writ of Mandamus or other appropriate orc( r or direction in the nature of a Writ declaring the action of the respondent Il, ,.4, Station House Officer, P.S. Alwal as arbitrary, discriminatory, ultra vires and 'iolative of. Articles 14, 19 (1Xg) and 3004 of the Constitution of lndia and cons:quently direct the official respondents not to interfere with the peace of the ho se bearing No. 5- 70114on Plot No. 14Pad. in Sy.No.17 Part,33 and 34 admear; rring 380 sq. yards situated at Jonnabanda, Alwal Village, Alwal Circle, GHTVC Hyderabad in the interest of justice l.A. NO: 1OF 2017(tNP MP. NO:41083 OF 2017) Petition under Section 1 5 t CPC praying that in the circtr lstances stated in the affidavit filed in support of the petition, the High Court may I : pleased to direct the official respondents not to interfere with the peace of the louse bearing No. 5-70114 on PIot No. 14 Part in Sy.No.17 Pa(, 33 & 34 admeasr,-ing 380 sq. yards situated at Jonnabanda, Alwal Village, Alwal Circle, GHMC Hy Jerabad including not to call the petitioners to the police station pending disposal of the above Writ Petition Counsel for the Petitioners : SRI G M RAVI KUMAR (NOT PRE SENT) Counsel for the Respondent Nos. 1 to 4: SRI M. SRINIVAS, A(; ' FOR HOME ( Counsel for the Respondent Nos.5 & 6: --- The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.3 30'l 7 0F 2017 ORDER: ThisWritPetitionisfiledunderArticle226oftheConstitutionof lndia seeking the following relief: "...to issue a Wit of Mandamus or other appropriate order or direction in the nature of a Writ dectaing the action of the respondent No. 4, Station House Officer, P S Alwal, as arbitrary' disciminatory, ultra vires and violative of AtTicles 14, 19(1)(g) and 300A of the Constitution of tndia and consequently direct the official respondents not to inteiere with the peace of the house beaing No. 5-70/14 on Plot No. 14 Paft in Sy No' 17 Pad' 33 and 34, admeasuing 3BO sq- yards, situated at Jonnabanda' Alwal Viltage, Atwat Circle, GHMC Hyderabad, in the interest of iustice and pass such other or further orders "
2. None appeared on behalf of the petitioners'
3.Mr.M.Srinivas,learnedAssistantGovernmentPleaderforHome, appearing on behalf of respondent Nos l to 4, submits that the respondent police authorities have never interfered in any civil disputes involving the petitioners, nor have they compelled the petitioners to withdraw any suit or interfered with their peaceful possession and enjoyment of the house property, as alleged in the writ petition' lt is further submitted that the allegations made against the respondents are baseless, devoid of substance, and unsupported by any material 2 evidence indicating the alleged involvement of the rolice authorities Accordingly, the learned Pleader prays for dismissal of t re writ petition. I have perused the material available on record
4. 5. The petitioners, in their affidavit, have alleged th rt the respondent police authorities interfered with their peaceful posset;: ion of the house property. This Court, by an interim order dated 26.09.',?. )17, had directed the respondent police authorities not to compel the p,r titioners to enter into any compromise, nor to harass them by calling 1t em to the police station or otherwise
6. Having regard to the overall circumstances of the :ase and keeping in view the limitations imposed on police authorities in natters of purely civil nature, this Court finds it appropriate to direct the re spondents/police authorities to refrain from interfering in the civil disp rte between the petitioners and the unofficial respondents. 7. However, it is made clear that this order shall rot preclude the respondent police authorities from taking any action strr,r ly in accordance with law and by following due process
8. With the above direction, this Writ Petition is dis rosed of. There shall be no order as to costs. Pending miscellaneous applications, if any, shall st rnd closed SO/. K. BHAVANI SWAMY ASSII; I'ANT REGISTRAR //TRUE COPYII f ECTION OFFICER To, 1 IL:"""?1?%1lr*::",j?%,3s3srtment or Home' Secreta r a t, Sa irabad, rhe
2. The commissioner of Porice, cyberabad, Ranga Reddy District. Terangana State.
3. The Assistant commissioner of police (North Zone), pet Basheerabad, Alwal, ./ ./ Secunderabad. Telangana State
4. The Station House Officer, Alwal, Secunderabad,, Telangana State. 5. One CC to SRI G M RAV| KUMAR, Advocate tOpUCI 6. Two CCs to GP FOR HOME, High Court for the State of Telangana. [OUT] 7. Two CD Copies PVL% HIGH COURT DATED:0811012025 ORDER WP.No.33017 ot 2017 {r SIA t ! C) (,1 2 2 r,l'| 2$26 z !,) i ,? ITC DISPOSING OF THE WRIT PETITION WITHOUT COSTS o