Madhuri Kasivishwanath v. 1. The State of Telangana

Rl/o Flat No. 506, Sri Balaji Towers, RC Colony, Saidabad, Hyd 7. Sandani Alwal Reddy, S/o S. Janga Reddy, Aged about years, Occ: Agriculture, Rl/o H.No. 8-2016, Sainagar, Balapur Village and Mandal, R.R Dist B. Kallem Yella Reddy, S/o Narayana Reddy, Aged about years, Occ: Agriculture, Fl/o H.No. 1-'185, Balapur Village and Mandal, R.R Dist 9. Eslavath Rajesh, S/o Eslavath Chandru Naik, Aged about years, Occ: Agriculture, Rl/o H.No. 17-1-2101b16, Santosh Nagar, Saidabad, Hyderabad ...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-Order or direction, more particularly one in the nature of Writ of lvlandamus, declaring the action of the Respondents Police in interfering with the Petitioners peaceful possession and enjoyment of the schedule property situated at Sy. No.235 over the land admeasuring Ac.0-07 gts in Sy.No. 235 situated at Gagillapur Village, Gandimaissama-Dundigal lvlandat, Medchal-Malkajgiri District., despite the pendency of O.S. No. 324 of 2024 on the file of the Court of the Principal Junior Civil Judge, I\rledchal, as illegal, arbitrary, without jurisdiction and I violative of Article 14, 21 and 300-4 of the Constitution of India, and consequently issue a direction, directing the Respondents Police not to interfere with the civil in nature of the Petitioner's schedule property Sy. No.235 over the land admeasuring Ac.0-07 gts in Sy.No. 235 situated at Gagillapur Village, Gandimaissama-Dundigal Mandal, Medchal-Malkajgiri District., except in accordance with law lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to grant interim direction, directing the Respondents Police not to interfere with the peaceful possession and en.joyment property/renovation activities of the Petitioner's land situated at Sy. No.235 admeasuring Ac.0-07 gts in Sy. No. 235 situated at Gagillapur Village, Gandimaissama-Dundigal Mandal, Medchal-Malkajgiri District., Pending disposal of the writ Petition, in the interest of .justice. Counsel for the Petitioner: SRl. B.SRIKANTH Counsel for the Respondent No.1 to 5: M. SRINIVAS, AGP FOR HOME Counsel for the Respondent No.6 to 9: --- The Court made the following: ORDER / THE HONOURABLE SRIIUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.280r14 of 2025 ORDER: Heard learned counsel for the petitioner and M.Srinivas, learned Assistant Govemment Pleader for Home appearing for respondent Nos.1 to

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

2. This writ petition is filed sceking following prayer:- "to declare the action of the Respondents Police in interfering with the Petitioners peaceful possession and enjoyment of tlrc sclrcdulc property situated at Sy.No.235 oaer the land admeasuring Ac.0-07 gts in Sy.No.235 sittLated ot Gagillapur Village, Gandimnissann- Dundigal Mandal, Medchal-Malkajgiri District., despite the pendency of O.5.No.324 of 2024 on the fle of tlrc Court of tlte Principal lunior Ciztil Judge, Medchal, as illegal, arbitrary, zoithout jurisdiction and oiolatioe of Article 14, 27 and 300 A of tlrc Constitution of lndia, and consequently issue a direction, directing the Respondents Police not to interfere u,itlt the cioil in nature o.f the Petitioners scledule property Sy.No.235 ouer the land admtasuritrg Ac.0-07 gts in Sy.No.235 situated at Gagillapur Village, Cand imaissama-D undigal Mandal, Medchal-Malkaj gii D ist rict. "

3. Brief facts stated in this writ petition are that the petitioner claims to be owner and possessor of land admeasuring Ac.0-07 guntas in Sy.No.235, situated at Gagillapur village, Gandimaisama-Duncligal Mandal, Medchal- Malkaigiri District. It is further submitted that the respondent Nos.6 to 9 were trying to interfere with the petitioner's peaceful possession over the subject property, hence the petitioner filed O.S.No.324 of 2024, pending on the file of I I Ist Additional Junior Civil Judge, Medchal. The case of the petitioner is that respondent police is interfering with the petitioner peaceful possession over the subject property and are trying to stop the development activities. Further case of the petitior-rer is that on 18.08.2025, petitioner made a representation I I stating that the police is threatening him to stop the pooia ceremony on the subjcct l.rnc{, hcnce, requested respondent No-.3 to take action in the 1 matter. Howevcr, the same is still pending. Aggrieved by the same, this writ \-Y:' petition is filed.

4. Learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 5 placed on record instructions issued by Sub Inspector of Police, f)undigal Police Station, Cyberabad Commissionerate, wherein it is statcd that rcspondent No.5 is discharging his legal legitimate duties and is not harassing, threatening or interfering with the petitioner's peaceful possession over the subiect property. It is further stated that after filing of the writ petition, resLrondent No.5 verified the station records and it is revealed that no FII{ is pcrrding against the petitioner and the question of harassing or interfering n,ith the petitioner's peaceful possession over the subiect property does not arise. With respect to petitioner's representation dated 18.08.2025, it is submittecl that the enquiry is under progress and after investigation, respondent No.3 will take necessary action in that regard.

5. Recortling the. abo'u'e submissions and without expressing an opinion on the merits of the case, this writ petition is disposed of directing respondents authorities to lollow clue procedure as contemplated under law before initiating ant, .rction on the petitioner or on the subiect property.

6. Accordinglr,, this writ petition is disposed of. Miscellaneous applications, if anv pending, shalI stand closed. No order as to costs. I SD/. L. VIJAYA LAXMI ISTANT REGISTRAR A //TRUE COPY' ECTION OFFICER To, 1 The Prl Secretarv Home tlept., Dr.B.R. Ambedkar Secretariat, Hyderabad, State of T5:lanqaha. I I

2. The Commissioner of Police, Cyberabad Commissionerate, 3. The Dy. Commissioner of Police, Medchal Zone, Cyberabad Commissionrate 4. The Asst. Commissioner of Police, Medchal Division, Cyberabad Commissionrate Commissionrate

5. The Station House Officer, Dundigal Police Station, Cyberabad 6 One CC to SRl. B.SRIKANTH Advocate [OPUC] 7. Two CCs to GP FOR HOME ,High Court for the State of Telangana. [OUT] 8. Two CD Copies MMT BM ilT I HIGH COURT DATED:1710912025 ORDER WP.No.28044 of 2025 \ ! \ lHE S ( o() 2I J{il 2m6 .x c DISPOSING THE WRIT PETITON WITHOUT COSTS t I I I [o)\_--., .4 N. r\''6 €