Shaik Basheer v. 1. The State of Telangana

Petition Under Article 226 of |he 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 .....RESPONDENTS the nature of Writ of l\,4andamus declaring the action of the Flespondent Nos.5 and 6 in interfering into the peaceful life and liberty and als;o interfering into the peaceful cultivation of the land of the Petitioner to an ext3nt of Ac,3.00 Gts, in Survey No.2711, which is situated at Lenkalagadda Village, Palimela Mandal, Jayashankar Bhupalapally District during the pendency of civil suit through vide O.S.No.14'1 of 2024 in l.A.Nol10 ol 2024 on the file of lionourable Additional Junior Civil Judge at Jayashankar Bhupalapally by colludinll with the Respondent Nos.7 to 11 and calling the Petitioner to the Police Statir-rn and threatening to handover the land of the Petitioner to the Respondent l,los.7 to '1 1 is illegal, arbitrary, u nco nstitutiona I and violation of Articles 14, '5. 21 and 300-A of Constitution of lndia and also violation of Principles of Natural Justice and consequently direct the Respondent Nos.5 and 6 not to inte rfere into peaceful life and liberty and not to interfere into peaceful agriculture {lperations and not to threaten the Petitioner to handover his agriculture land to an extent of Ac.3.00 Gts, in Survey No.2711 , which is situated at Lenkalaga Jda Village, Palimela [\rlandal, Jayashankar Bhupalapally District to the Respondr:nt Nos.7 to 11 during the pendency of civil suit through vide O.S.No.'141 oI 2024. |.A.NO:1 OF 2025 Petrtion Under Section 151 CPC praying that in the crrcumstances stated in the affidavit filed in suppo( of the petition, the High Court may be pleased to direct the Respondent Nos.5 and 6 not to interfere into peaceful life and liberty and not to interfere into peaceful agriculture operations artd not to threaten the Petitioner to handover his agriculture land to an extent of ltc 3.00 Gts, in Survey No.27 11, which is situated at Lenkalagadda Villager, Palimela Mandal, Jayashankar Bhupalapally District to the Respondent Nc,s.7 to 11 during the pendency of civil suit through vide O.S.No.'1 41 of 2024 pending disposal of the writ petition. Counsel for the Petitioner : SRI RAPOLU BHASKAR Counsel for the Respondent Nos.1 to 6 : GP FOR HOME Counsel for the Respondent Nos.7 to 11: - The Court made the following ORDER THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR Writ Petition No.26825 of 2o25 This writ petition is filed seeking the following prayer ". . .declaring the action of the Respondent Nos.S and 6 in interfering into the peaceful life and libertg and also interfering into the peaceful cultiuation of the land of the Petitioner to an extent of Ac.3-00 Gts in Surueg No 27/ 1 uthich is situated at Lenkalagadda Village, Palimela Mandal, Jagashankar Bhupalapally Distict duing the pendency of ciuil suit uide O.S.No.l41 of 2024 in 1.A.No.110 of 2O24 on the file of Additional Junior Ciuil Judge at Jayashankar Bhupalapallg bg colluding with Respondent Nos.7 to 11 and calling the Petitioner to the Police Station and threatening to handouer the land of the Petitioner to the Respondent Nos.7 to 1 I as illegal, arbitrarg, unconstitutional and uiolation of Articles 14, 15, 21 and 3OOA of Constitution of India and also uiolation of Pinciples of N atural Justice and consequently direct the Respondent Nos.S and 6 n'at to interkre into peacefut life and libertg and not to interkre into peaceful agiculture operations and not to threaten the Petittoner to handouer his agiculture lctnd to an extent of Ac.3-OO Gts in Suruey No.27/ I tuhich is situated at Lenkalagadda Village, Palimela ') Mandal, Jau ashankar Bhupalapallg Di:;tnct (for shorl 'the subject propertg') to the Re:;pondent Nos.7 Lo 11 during the perudencg of ::iuil suit through uide O.S. No. 14 1 of 2024...'

2. He:rrd learned counsel for the p :titioner and learned Assistant Government Pleader for Horne appearing on behall of respondents. With their const:nt, this writ petition is taken up for disposal. Notice t,r respondent Nos.7 to 1 1 is hereby dispensed with

3. The lacts of the case in brief as st,'rted are that petitioner claims to be absolute owner and po,;sessor of the subject property succeeded by way of alce,.tors as such the revenue authorities mutated the name of petitioner in all revenue records and issued e-pattadar passbooks. lt is submitted that respondent Nos.7 to 11, r,l'ho z:re real estate business persons, approached the pel,itioner and demanded to sell his property on cheaper rate, which was denicd by the petitioner, as such respondenl. Nos.7 to 11 hatched a plan to grab the land of the p:titioner and started interfering into the peaceful possession of the petitioner. Accordingly, petitioner approachr.:d Additional Junior Civil Judge at Jayashankar Bhupala p:rlly District and filed a suit for injunction in O.S-No.14l /2024 and also an application 1n LA.No.ll0 12024 for grant of intcrim injunction. The trial Court '"vas pleased to grant interim injunction. Subsequent to the same, respondent Nos.7 to 11 approached respondent Nos.S and 6 and influenced them, due to which respondent Nos.5 and 6 started interfering into the personal life of the petitioner and also interfering into peaceful agricultural operations and also interfering in civil disputes between petitioner and unofficial respondents. Thereafter, respondent Nos.5 and 6 are calling the petitioner to police station on multiple occasl0ns detaining the petitioner in Police Station Questioning the same, the present writ petition is filed

4. The Sub-Inspector of Police, Palimela Police Station, Jayashankar Bhupalapally District has placed a copy of instructions through learned Assistant Government Pleader for Home stating that responclent No.6 lodged a complaint with respondent No.6 on 17.O8.2025 with regard l I to land dispute and basing on the said complaint, respondent police made a GD entry and conducted enquiry. During the enquiry, it is revealed that there is a I / 4 civil dispute pending between petitioner ar-rrl unofficial respondenl Nos.7 to 11 and a crvil suit in O.S,No. 14l 12021 IS pending on the file of Addl. Junior Civil Judge at Ja,vashankar Bhupalapally. Aft,:r completion of enquiry, respondent Police suggested resp,-rn dent No. 10 to approach concerned Court for reddressal aerl closed the said complaint as civil in nature on 2O.OfJ.2O25. It is further subn-ritted that respondent Police ne.,er ir-rterfered with the personal life and liberty of the p,:trtioner and accordingll' pral.cd to dismiss the present writ petition.

5. In that vic'lr, of the matter,, since the complaint of the respondent No.1O has alreadv been closed by respondent Police, thi.s writ petition is dispo,.,ed of with a direction to respondent authorities to follow clr,re procedure as contemplated undcr of lar.r, before initiating an1, action on the subject propcrt\. of the petitioner. Miscellancous petitions, pending, if an1, sha1l stand closed. Hou,cv€r, therc shall be no order as to r osts. i/TRUE COPYII , SD/-MOHD. tSMAtL EEPUW REGISTRAR SECTION OFFICER I rA tdriat Buildinq, Secretariat, V \ To

1. The Principal Secretary, Home Department, Sec State of Telangana at Hyderabad.

2. The Director General of Police, Telangana, Hyderabad I

3. The Superintendent of Police, Jayashankar Bhupalapally, Jayashankar Bhupalapally District.

4. The Deputy Superintendent of Police, Katamaram Division, Jayashankar Bhupalapally District.

5. The Circle lnspector of Police, Mahadevpur Circle, Jayashankar Bhupalapally District.

6. The Station House Officer, Palimela Police Station, Jayashankar Bhupalapally

7. Two CCs to GP FOR HOIVE, High Court for the State of Telangana at District. Hyderabad [OUT] B. One CC to SRI RAPOLU BHASKAR, Advocate [OPUC] 9. Two CD Copies SA GJP HIGH COURT t t DATE D :0 810912025 I I ( '--: -s- ./r/A . .\ \ t') i ,.; ,r,! ,..,i, 't,. *'\\. 23 :lfP tUzl t>1 ,,' ' .';/ ORDER WP.No.26825 ot 2025 DISPOSING OF THE W.P WITHOUT COSTS.