The High Court · 2025

Judgment

5. The State of Telangana, Rep. by its Principal Secretary Home Department, Secretariat, Hyderabad. The Superintendent of Police, Wanaparthy District. The Station House Officer, Wanaparthy Town Police Station Wanaparthy District. Muddangula Manyam Raju, S/o.Not known to the Petitioner Aged about 60 years, Occ . Real Estate R/o.H.No.33-21/1, Near Municipal OlIice Pangal Road, Wanaparthy District. Muddangula Yogesh, S/o.Muddangula Manyam Raju Aged about 25 years, Occ . Real Estate R/o.H.No.33-2111, Near Municipal Office Pangal Rriad, Wanaparthy District.

6. Muddangula Uday Raju, S/o.Mudda Occ. Real Estate PJo.H.No.33-2111 Wanaparthy District. ngula Manyam Raju Aged about 24 years, , Near Municipal Office Pangal Road,

7. Kishore Kumar, S/o.Vadday Kurumanna Aged about 53 years, Occ . Massan R/o.H.No.33-22, Santha Bazar Near Municipal Office, Pangal Road Wanaparthy District, Telangana State. ...RESPONDENTS

Petition under Article 226 ot lhe 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 the nature of Writ of Mandamus, declaring the action of the 3rd Respondent in interfering with the petitioner's ongoing construction of the house pursuant to the building permission obtained from the Wanaparthy Municipality, Wanaparthy District dt.22.11.2023 and the Letter of Commencement of Work obtained dt.25.1 1.202:3 for his Plot No.232 in Sy.No.945lAAlE and No.984/A/E admeasuring 110 sq. yards at Gayathri Nagar, Wanaparthy, Wanaparthy District at the instanr>e of Respondent Nos.4 to 7 inspite of registering complaint against the 4th respondent in FIR No.59 of 2025, dt.15.03.2025 and during the subsistence <lf injunction against the Respondent Nos.5 to 7 in l.A.No.10 of 2024 in O.S.No.8 rtf 2024 dt.A4.07.2025 without recourse to law as illegal, arbitrary, unconstitutiortal and contrary to the provisions of Municipalities Act and infringes the rights of the petitioner under Article 14,21 and 300-A of Constitution of lndia and consequently direct the 3rd respondent not to interfere with the ongoing lawful construrction of the petitioner's building pursuant to the building permission dt.22.11.2023 and the letter of approval c1t.25.11.2023 at the instance of Respondent flos.4 to 7 by granting protection to the petitioner. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavil filed in support of the petition, the High Court may be pleased to direct the 3rd respondent not to interfere with the ongoing lawful construction of the petitioner's building at Plot No.232 in Sy.No.945lAA1E and No.984/A/E admeasuring 110 sq. yards at Gayathri Nagar, Wanaparthy, Wanaparthy District pursuant to tlte building permission dt.22.11.2023 and the letter of approval dt.25.11.2023 at the instance of Respondent Nos.4 to 7 by granting protection to the petitioner, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI K KIRAN KUMAR Counselfor the Respondents No 1 To 3: SRI M SRINIVAS AGP FOR HOME Counsel for the Respondent s No 4To 7 : -- The Court maole the following: ORDER THE HONOURABLE SRI IUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.28064 of 2O25 ORDER: Heard learned counsel for the petitioner and M.Srinivas, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to

3. With their consent this writ petition is taken up for disposal at the admission stage itself.

2. This writ petition is filcd seeking following prayer:- "to declare the nction o.f the 3,d Resytondent in interfering ruith tht petitioner's ottgoing construction of tlrc house puramnt to the building pernission obtnined froru tlrc Wannpartlty Municipali$ Wnnapnrthy District dt 22.71.2023 nnd the Lettercf Commencement of Work ohtained dt 25.17.2023 for his Plot No.232 in Sy No.945/AA/E nnd No.984/A/E ndmensuring 110 sq.ynrds at Gaynthri Nngnr, Wanapnrtlnl, Wannptrtlry District, at the instance of Respondent Nos.4 to 7 inspite of registering complaint against the 4tt, respondent in FIR No.59 of 2025 dt 75.03.2025 and dtring the subsistence of injwtctiott tgainst tlrc llesponclent Nos.S to 7 in I.A No.10 of 2024 in O.S No.8 of 2024 dt 04.07.2025 ruithout recourse -to laru, as illegnl, nrbitrnry, uttcortstittttionnl nnd contrary to the prottisions of Municipnlities Act mtd infringes the rights of the petitioner under Article 14, 21 snd 300A of Constitution of India and consequently direct the 3''d respondent not to interfere with the ongoing lau,ful constntction of the petitioners br.tilding pursuant to tlrc building perruission dt 22.L1,2023 and tlrc letter of approoal dt 25.1.1.2023 at tlrc instance of Respondent Nos.4 to 7 by granting protection to the petitioner."

3. Brief facts stated in this writ petition are that petitioner claims to be owner and possessor of Plot No.232, admeasuring 150 sq.yards, in Sy.No.945 / AA/E and No.984/ A/8, situated at Gayathri Nagar, Wanaparthy, Wanaparthy District, having acquired the same through registered sale deed bearing document No.304 of 2023 dated 24.12.2022. Thereafter, the petitioner \1\ 2 by obtaining necessary permission from the concerned authorities started construclion of ground + 1 upper floor on the subject land. The case of the petitioner is that respondent Nos.5 to 7 started inter:fering with the petitioner's peaceful possession over the subject propertv. Hence, the petitioner has filed O.S.No.S of 2024, on the file of I Adclitiorral Juclicial Magistrate of First Class at Wanaparthy (hereinafter referred as 'Trial Court'). The Trial Court in I.A.No.1O of 2024 in O.S.No.8 of 2024, restrainecl the responclent Nos.5 to 7, from interfering with the petitioner's pc;rceful posscssion o\rcr thc subject land. Insl>ite of the aforesaid order, respondent Nos.4 to 7 trespassccl the subject property and obstructed the ongoing constluction. Hence, the petitioner on 15.03.2025, lodged a complaint and the responclcnt author:ities registered FIR No.59 of 2025 datecl15.03.2025. It is further submitted that since tlre investigation is pending in FIR No.59 of. 2025, petitioner requested the responder:t authorities to provide police protection to the petitioner and subject property. Further case of the petitioncr is that till date rreither investigation is completed nor police protection is provicled to the petitioner and the respondent No.3 is trying to settle the dispute between the parties. Aggrieved by the same, this writ petition is filed.

4. Learned Assistant Goverrunent Pleader for tsIome appearing for respondent; Nos.L .to 3 placed on record instruction issuecl by the Sub Inspector of Police, Vfanaparthy Town Police Station, Wanaparthy l)istrict, r,vhercin it is stated that on petitioner's complaint L,Ilt No.59 of 2025 dated 15.03.2025 was registered under Section 329 (3),324(4), 352, 351.(2), 292 BNS and during the \ 3 course of investigation, respondent No.3 visited the scene of offence and collected evidence. It is further submitted that the matter is under investigation for examining some more witnesses and collection of evidence.

5. Learned Assistant Government Pleader for Home further submits that except conducting investigation, respondent No.3 is not interfering with the construction over the subject property. With respect to -police protection, it is submittecl that the petitioner ought to have approached the trial court and had obtained orders for police protection.

6. Recording the submissions maclc by the learned counsel appearing on either side, without expressing any opir-rion on the merits of the case and since the O.S.No.8 of 2024 is pending before the trial court, this Court deems it appropriate to dispose of the r,r,rit petition granting liberty to petitioner to file an application before the trial court for police protection. It is made clear that respondent authorities shall complete the investigation in FIR No.59 of.2025, by following due procedure as contemplatecl under law.

7. With the above directions, this writ petition is disposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to costs. To, SD/. M.NAGAMANI ASSISTANT REGIS ,/TRUE COPY/ OFFICER

1. The State of Telangana, Rep. by its Principal Secretary Home Department, Secretariat, Hyderabad.

2. The Superintendent of Police, Wanaparthy District. 3. The Station House Officer, Wanaparthy Town Police Station Wanaparthy District.

4. One Crl to SRI K KIRAN KUMAR Advocate IOPUC] 5. Two C(ls to SRI M SRINIVAS AGP FOR HOME ,High Court for the State of Telangana at Hyderabad. [OUT] , ,f,

6. Two CI) Copies D.N PSK ^lT HIGH CC)URT "-\ DATED:11710912025 ORDER WP.No.28i064 of 2025 t.) 2 9 lnl{ ?{l,26, * t .;'i' ): DISPOSED OF THE WRIT PETITION WITHOUTCOSTS 0 5,l 'N\.