✦ High Court of India · 08 Sep 2025

The High Court · 2025

Case Details High Court of India · 08 Sep 2025
Court
High Court of India
Decided
08 Sep 2025
Bench
Not available
Length
1,082 words

6. Smt.P.Shivani, Wo P.Narsing Rao, Aged about. 69 yrs, R/o H.No.14-2, Rp, Chandulal Baradari, Colony, Hyderabad-6+.

7. Smt.D.Shakuntalamma, Wo Late.D Raja Gopatam, Aged about. 93 yrs, R/o H.No.14-2, RP, Chandulal Baradari, Colony, Hyderabrd-64 Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction, more particularly one in the nature of a writ of Mandamus (i) declaring the action of the 3rd respondent in not taking any .....RESPONDENTS action upon th€ compraint made by the petitioner on dat€,d 23-ct7-2o25and 2g-8, 2025 and consequenry direct the respondent No.3 to register a criminar case and lodge an FrR aqainst the respondents 4 to 7 forowing the complaint dated 23-07- 2025 and 28-8-2025 for illegal trespass and encroachrr ent into the petitioners land pertaining iln area of extent Ac. 14-6 gts in sy.No. 16.i, .164 and 165 situated at Nadupaily, Viilage, Maheshwaram Mandar, Ranga Reddy District. l.A.NO: 1 oF 2025 Petition Under section 151 cPC praying that in the r;rrcumstances stated in the affidavit firecl in support of the petition, the High cor.rrt may be preased to direct the respondent. No 3 to register a criminar case and rodge an FrR against the respondents'4 to 7 following the complaint dated 23-07.2025 and 2B_oB_202s for illegar trespass and encroachment into the petitioner,s rr,rnd pertaining an area of extent Ac 14'6 gts in sy No. 163, 164 and 165 situated at Nadupalry, virage, lVlaheshwaram. Mandal, Ranga Reddy District. Counsel for the petitioner: SRJ A.K.MOAZZM, ADVOCATE FOR SRI MOHD ABDUL RAHMAN HTDER Counsel for the Respondent Nos.1 to 3 : SRI M.SRINIVAS, r\Gp FOR HOME Counsel for the Respondent Nos.4 to 7 : _ The Court at the stage of admission made the foltowing ORDEh THE HONOURABLE SRIIUSTICE N.V.SHRAVAN KUMAR VW(IT PETITION No.26733 of 2025 ORDER: Heard Sri.Mohd Abdul Rahman Hyder, learned counsel appcaring on behalf of learned counscl for the pctitioner and Sri.M.Srinivas, learned Assistant Government Pleader for I{ome appearing for respondcnt Nos.1 to 3 With thcir consent, this writ petition is being taken up for clisposal at the admission stage itself

2. This writ petition has been filed seeking the following praycr:- " to declare the action of the 3'd respondent in not ttrking tny tcliorL upon the complaint mnde by the petiLioner on dnted 23.07,2025 nnd 28.08.2025 nnd consequently direct the respondent No.3 to rcgister n criminal cas€ aftd lodge nn FIR against the respondcnts 4 to 7 follotuing the complaint dated 23.07.2025 snd 28.08.2025 for illegnl tresltnss nnd encronchment into the petitioners lnnd pertnining nn nren oJ'exLcttt Ac.14-6 gts in Sy 11o.163, 164 and'165, situated ot NnfuLpnlly ViLlnga, Mnheslnonram MnndtL, Ranga Reddtl District."

3. Brief facts stated in this writ petition are that pctitioner claims to be the owner and possessor of land aclmeasuring to an extcnt of \Ac.1+-06 gts in Sy No.163, 1.64 ar.d 165, situated at Nadupally Villagc, N'lahc-sl-rwaram Manrlal, Ranga Reddy District, having acquired the same through registered saie cleed bearing document No.1254 of 1997 datcci 73.05.7997. The case of the petitioner is that respondent Nos.4 to 7 are interfering and are trying to grab the petitioner's property. IJence, the pctitioner on 23.07 .7-025 and 28.08.2025 madc complaints and requested the respondent auihorities to takc action againsi the respondent Nos.4 to 7. Flowever, till date no action is initiatecl. Aggrieved by I t the same, this writ petition is fiied I { 2

4. Learned Assistant Government pleacler for Hon re appearing for respondent Nos.1 to 3 placed on record instructions issueci b1, Sub_lnspector of Police, Matreshrt a ram police station, Rachakonda commjssionerate, whereirr it is stateci petitioner made a complaint dared 23.0.i.2025 statins that respondcnt Nos 4 to 7 are interfering with thc petitioner,s ;:roperty, the saicl complaint was received by respondent No.3, thereafter, fretition entry ttiLle Ack.No.RCK/MRWM RCHKD /230225/00603 dated 23.0j,.2025 was made and cluring the course of the enquiry, it was revealed thrrt fer.t, years ago, Flight court Venturc was bu d on the subject rand and the l.retitioner was not in possession of the subject rand. It i'as further revcared that the disputc between parties is civil dispute. Hence, on 29.07.2025, the petitioner,s complaint dated 23.07.2025 was close<l as'Civil in Nature, ernd the same \,\ras communicated tc the petitioner through notice under Section f 93 (3) (ii) BNSS.

5. Recording thc submissions made by learned counsel apoedring on either I side, without exPressing any opinion on the merits of the crlse antl sincc the petitioner's complaints dated 23.07.2025 is ciosed as'civ in Nature,, this Court deems it applopriate to dispose of the writ petition granting; libcrty to petitioner to seek appropriate remedy as available under law,

6. Accordingly, this writ petition is disposed of Miscellaneous applications, if any pencli,g, sha stand closed. No order as trr costs. //TRUE COPYII To 1 #E iJl"'j1il iil!?:il;n "' e Depa rtme n t, secret Xlr,lrUNYA:6,S,.RiI I i\, i\- i i 'tecrroru aVat Buitding State of oFFrcER District.

2. The Commissioner of police, Cyberabad, Rachakonda. 3. The Station House Officer, poli6e Station, Maheshwaram Ranga Reddy 4 Two CCs to GP FOR HOIME, High Court for the State of Telangana at 5 One CC to SRI MOHD ABDUL RAHNIAN HYDER, Advocate IOPUC] 6 Two CD Copres Hyderabad. [OUT] SA BS L \ I HIGH COURT i ll\ DATED:08/09/2025 1:.:=_\._- 'r,::lT,i;|\\ - c;), 1E SEP 2ffi t, 1,. l-. t..,..'* '. '\ -".' .: \\\, ,// ''t.*,'.1: t ORDER WP.No.26733 of 20Zs DISPOSTNG OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. tblTlu- I

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