Sanga Swamy v. 1. The State of Telangana

Petition Under Article 226 ot the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any Writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents more particularly the Respondent no. 2, interfering with the civil dispute between the petitioner and the respondent no. 3 to B with respect to Sy. No. 562/65 to an extent of Ac.2.2B gts situated in Khanapuram village and mandal petitioner filed an application for issuing pattadar passbook now the respondent no.2 is threatening the petitioner to settle dispute and sell the property to the respondent no.3 to B which is illegal, arbitrary and u n-con stitutional land consequently direct the respondents not to interfere in the civil disputes in the interest of justice and equity. |.A.NO:1 OF 2025 Petition Uncler Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.2 interfering with the civil dispute between the petitioner and the respondent no.3 to I interfering with the civil dispute between the petitioner and the respondent no. 3 to 8 with respect to Sy. No. 562/65 to an extent of Ac. 2.28 gts situated in Khanapuram village and mandal petitioner filed an application for issuing pattadar passbook now the respondent no.2 is threatening the petitioner to settle dispute and sell the property to the respondent no. 3 to 8 pending disposal of main writ petition. Counsel for the Petitioner : SRt NARSIMULU NEELI Counsel for the Respondent Nos.1 & 2 : GP FOR HOME Counsel for the Respondent Nos.3 to 8 : - The Court made the following ORDER 7 THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR Writ Petition No.28166 of 2o25 This writ petition is filed seeking the following prayer: "...declaring the action of the Respondents more particularfu the Respondent No.2 interfering with the ciuil dispute between the petitioner and the respondent /Vos.S to B with respect to Sy.No.562/ 65 to an extent of Ac.2-28 gts-, situated in Khanapuram uillage and mandal (subject land) petitioner filed an application for issuing pattadar passbook now the respondent No.2 is threatening the petitioner to settle dispute and sell the property to the respondent.f[os.3 to B illegal, arbitrary and" unconstitutionaland consequentlg direct the respondents not to interfere in the ciuil disputes in the tnterest of justice..."

2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing on behalf of respondent Nos.I to 4. With their consent, this writ petition is taken up for disposal. Notice to respondent Nos.5 to B is hereby dispensed with. 2

3. The facts of the case in brief as stated are that petitioner claims to be absolute owner and possessor of subject land and is having pahanis in his favour and claims t.o be in peaceful possession of the subject land. It is submitted that respondent Nos.3 to 8 are trying to grab the land of the petitioner and threatening the petitioner to sell the property. It is further submitted that personnel of respondent No.2 Police Station, in collusion with respondent Nos.3 to 8, have visited petitioner's subject land on 12.09.2025 and alleged that part of the subject land belongs to respondent Nos.3 to B, as such they have right to encroach the same and tried to dispossess the petitioner from the subject land. Questioning the same, the present writ petition is filed

4. The Sub-lnspector of Police, Khanapur Police Station, Warangal District has placed a copy of instructions through learned Assistant Government Pleader for Home and would submit that respondent No.3 herein lodged a complaint with respondent No.2 with regard to land disp-utg, on 13.O2.2025. Basing on the said complaint, q-e.spondenMrld.r2 mad,e GD Entry and during the 7 J course of investigation, it is revealed that there is a civil dispute pending between respondent No'3 and third parties. After completion of enquiry, suggested the complainant to approach concerned court and accordingly, closed the complaint as 'Civil in Nature'on l5-O2.2O25 and the same was informed to the complainant and the allegation that respondent No.2 has not conducted enquiry is false and baseless and accordingly prayed to dismiss the writ petition.

5. In that view of the matter, since the complaint has already been considered by respondent No.2, this writ petition is disposed of with a direction to respondent authorities to follow due procedure as contemplated under of law before initiating any action on the subject property of the petitioner. Needless to state, petitioner may seek appropriate remedy as available under law' Miscellaneouspetitions,pending,ifany'shallstand closed. However, there shall be no order as to costs. //TRUE COPYII S . PONNA KRISHNA ANT REGISTRAR SECTION OFFICER riat, State of Telangana

1. The Principal Secretary, Home Department, at Hyderabad.

2. The Station House Officer, Khanapuram, Warangal District. 3. Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad. [OUT]

4. One CC to SRI NARSITMULU NEELI, Advocate [OPUC] 5. Two CD Copies To W SA BS ---"1 \ HIGH COURT DATED:2ilA91202s ORDER WP.No.28166 of 2O2S .) .J ? ( t 1|lE sla 0 6 l'l0u z[fr <l * TC uEo DISPOSING OF THE W. D WITHOUT COSTS. \ \