The High Court · 2025
Case Details
Acts & Sections
2. Smt. Baddam Salamma, Wo. Satti Reddy aged aboul 42 years, Occ housewife R/o.H.No.2-28, Pocharam Village Ghatkesar Mandal, Medchal. ...PETITIONERS AND
2. J.
5. tl- 7 State of Telangana, Represented by its Principal Secretary Home Department, Secretariat, Hyderabad. State of Telangana, Represented by its Principal Secretary Panchayat Raj Department Secretariat Buildings, Hyderabad. The Station House Officer Police Station, Ghatkesar Division Malkajgiri of Rachakonda. The Panchayath Secretary, Grama Panchayat, Pocharam Village, Ghatkesar Mnadal, Ranga Reddy Dist. Sri K. Gopalakrishna, S/o. Sri K. Ranga Rao Aged about 60 years, Occ Service JlMpl3-4-121A, Kachiguda Hyderabad -500027. -'.l1: '!'.-:" ''r"- Smt. K. Swarajya Lakshmi, W/o. K. Maheswara Rao Aged about 37 years, Occ Housewife Fi/o. Flat No.12, Shilpa Apartments Erramanzil Colony, Hyderabad Sri Ch. Venkata Subba Rao, S/o. Sri Ch. Seshagiri Rao Aged about 38 years, Occ Software Engineer R/o. H.No. 19-1-6, Srinivasanagar Chirala, Prakasham District. ...RESPONDENTS 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 or Order or direction more particularly in the nature of Writ of Mandamus, interalia declaring the action of the respondent No.3 herein in registering crime vide FIR No.41712016 on the file of Ghatkesar Police Station, Division - Malkajgiri and the Respondents No.4 to 7 , in interfering with the peaceful possession and enjoyment of property of the petitioner No.1 i.e. open plot in SurveyNo.60/A/1 , admeasuring 242 sq. yards or 2O2. sq. meters (Ac- 0- 02 gts.) situated at Pocharam Village and Gram Panchayal, Ghatkesar Mandal, Medchal, lValkajgiri District, under SRO, Narapally, IVle I rajgiri District and bounded by North- Land in Survey No.60, South- PIot \os.36 and 35 of Sanskrutivally layout, East- S.No.SB and West - 33 feet vr le road, as illegal, arbitrary and violative of principles of natural justice and vi3 ative of Articles '14 and 21 of the Constitution of lndia and to direct the Responc t nts No.4 to 7 not to interfere with the peaceful possession and enjoyment of prop :rty of the petitioner No.'1 l.A. NO: 1 OF 2016(WPMP. NO: 53200 oF 2016) Petition under Section 151 CPC praying that in the oi -cumstances stated in the affidavit filed in support of the petition, the High Cou 1 may be pleased to grant stay of all further proceedings in connection with the F. .R.No. 417 of 2016 on the file of Ghatkesar Police Station, Division Malkajgiri, ll rderabad, including arrest of the petitioner's herein not to interfere with the pear;, ,ful possession and enjoyment by the petitioner No. 2, Pending disposal of the ab,,ve writ petition Counsel for the Petitioners: SRl. A. B. GANGA REDDY Counsel for the Respondent Nos. 1,3&4: SRI R. LAXMIKANI { REDDY, Counsel for the Respondent No.2: GP FOR PANCHAYAT Rq J & AGP FOR HOMI RURAL DEv (T( ) Counsel for the Respondent No.4: SRI G. NARET\iDER REDD f (sc FoRTG ZPP-MPt,. 3PPS) Counsel for the Respondent No.S: SRI A. SURYANARAYAN/ Counsel for the Respondent Nos. 6to7:- The Court made the following: ORDER rit: :,,,,,. t:"tf f THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.43112 OF 2015 ORDER: This Writ Petition is filed under Arlicle 226 of Constitution of lndia seeking the following relief "...1o lssue an appropiate Writ, Order or Direction' more pafticularly one in the nature of Writ of Mandamus declaring action of the respondent No.3 herein in registering arime vide FIR No.417/2016 on the file of Ghatkesar Police Siation Division Malkaigiri and the Respondents No.4 to 7 in interfering with the peaceful possession and enjoyment of propedy of the petitioner l,lo.1 i.e., open plot in Survey No.60/N1, admeasuring 242 sq yards or 202.3 sq.meters 4c.002 gts situated at Pocharam Village and Gram Panchayat, Ghatkesar Mandal, Medchal Maikajgiri District under SRa Narapally Malkaigki District and bounded by North Land in Survey No.60, South P/of Nos.36 and 35 of Sanskrutivalty tayout East S-No 58 and West 33 feet vtide road as illegal ,arbitrary and violative of principles of natural iustice and violative of Atticles 14 and 21 of the Constitution of lndia and to direct the Respondents No.4 to 7 not to interfere with the peaceful possession and enjoyment of properiy oi the petitioner No 1 and pass such other and further order or orders as this Hon'ble Coufi may deem fit and proper in the circumstances of the case...."
2. None appeared for the petitioners )
3. Heard Mr.R.Laxmikanth Reddy, learneci Assistant Government Pleader for Home appearing for respondents No.1 to 4.
4. Learned Assistant Government Pieader for Home \ryould submit that upon registration of Crime No.417 cf 2016, charge sheet was flled and Calendar Case vide C.C.No.503 of 20i6 was numbered on the file I the learned Metropolitan Magistrate, L.B.Nagar and after due triai, the petitioner No.1/accused No.'l was acqultted on 28-07.2A25 and the petitioner No.2/accused No.2 and 3 vsere convicted vide judgment dated
05.11.2022. Further, the cause against accused No.4 was abated, ) since he passed away. Thus, the contest as to reg i ;tration of crime, and the interference with possession and enjoymen of the property does not survive for adjudication
5. i have perused the materials on record
6. Having regard to the developments transpired ct ring pendency of this petition and as the crime itself ended on rr =rits before the concerned Court, this Court is of the view that nothin I survives in this matter for adjudication.
7. Accordingly, this Writ Petition is dismissed as r fructuous. There shall be no order as to costs Miscellaneous Petitions, pending if any, shall stir rd closed SD/- B.REKHA RANI A:i iISTANT REGISTRAR //TRUE COPY// ECTION OFFICER --;i--< oT \
1. One CC to SRI A. B. GANGA REDDY, Advocate [OPt C] 2. Two CCs to GP FOR PANCHAYAT RAJ AND RURA- DEVELOPIVENT, High Court for the State of Telangana, at Hyderabad [( UT]
3. One CC to SRl. G NARENDER REDDY(SC FORTG T: )P-MPP-GPPS) loPUCl Hyderabad [OUT]
4. Two CCs to GP FOR HOI\4E, High Court forthe Stak, rf Telangana, at 5. One CC to SRl. A. SURYANARAYANA, Advocate [OP JC] 6. Two CD Copies BM TKS 8u t-. - L E? HIGH COURT DATED:1610912025 ORDER WP.No.43112 of 2016 /21 t. o(J 6:t;,i :'1/i t' 7 * I Fspf-c\ * DISMISSING THE WRIT PETITION AS II,IFRUCTOUS WITHOUT COSTS .NAP \./ Sa" ,/t\\'