High Court · 2025

THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR Between: WRIT PETITION N O:28231 0F 2025 Afroz Baig Mohd @ MolrO nj1gl B^a1g,^!/9 tete Mastan Baig, Aged about 53 ye?r9,^99c, Business, R/o.. H No.B_2i_644t1tN1, Banjara H'ifis,"noaO Nos.i and'12, Hyderabad - 50003q Smt. Falhima Shahanaz @ Shahanaz Fathima, Wo. Mohd. Afroz Baio. Aoed aDout 45 years, Occ Housewife, R/o H No.g_2-644t1tN1 . Banjara Hiili, n5aO Nos.1 and 12, Hyderabad - 500034 2 AND ...PETITIONERS Secretariat. Hvderibaa '1. The State of Telanoana Rep by its princrpal Secretary, Home Department, 2 The Superintehdent of police. Vrkarabad, Vikarabad District. 9 fl" Qgp.uty Superintendent of potice, vit<araUaO, Vikarabad District. 4 The Circle lnspector, Mominpet p.S , Vikarabad bistrict. 5. I he Station House Officer, Mominpet p.S., Vikarabad 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, order or direction more particularly one in the nature of wRlr oF MANDAMUS to decrare the action cif the respondents in crosing the complaint, dated 04-07.2025 rodged by the petitioners without conducting any physical enquiry against the trespassers / offenders / rowdy sheeters in demolishing the pre-cast fencing and damaging the borewell of the land rn sy. No.205/E admeasuring Ac.7.00 gts situated at cheemaradhari Viilage, Mominpet Mandal, Vikarabad District with the Khata No.60860, e-passbook No.T07110231207 stating that the case is crvil in nature, as illegar, arbitrary, null and void and violation of Articles 14, 19, 21 and 300-4 of the constitution of lndia and consequently direct the respondents to re-open the complaint, dated 04 07 .2025 of the petitioners for takrng necessary action. lA NO: 1 OF 2025 7 Petition under section 15i cpc praying that rn the circumstances stafer in the affidavit filed in support of the petition, the High couri nay be preased to drrect the 2nd respondent to dispose the representation, c;,rted 11.o7.2025 ,ot the petitioners for taking necessary action on the complaint, ,1ated 04.O7 2025 of the petitioners in respect of damage caused to the petition(: rs land in Sy.No.205/E admeasu'ng Ac.7 00 gts situated at cheemaradhari Virage, Mominpet Mandar, Vikarabad District, pending finalization of the Writ petition Counsel for the petitioners: SRl. NARENDAR JALLI Counsel for the Respondents: Gp FOR HOME The Court made the foltowing: ORDER I t t o t { t a a ( e t THE HON'BLE SRI JUSTIC E N.V.SHRAVAN KUMAR Writ Petition No.2E231 of 2025 This writ petition is liled seeking the following prayer: against enquiry "...to declare the action of the respondents in closing the complaint dated 04.07.2025 lodged bg the petitioners tuithout conducting anA phgsical trespassers/ offenders/ rotudy sheeters in demolishing the precast fencing and damaging tLrc boreutell of the land in Sy.No.2O5/ E admeasurtng Ac.7-00 gts., situated at Cheemaladhai Village, Mominpet Mandal, Vikarabad Distict with the Khata No.6OB6O e- passbook No.TO7L10231207 stating that the case is ciuil in nature as ilLegal, arbitrary, null and uoid and uiolation of Articles 14, 19, 21 and 3OOA of the Constitution of India and consequently direct the respondents to reopen the compiaint dated 04.07.2O25 of the petitioners for taking necessary action... "

2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appea-rlng on behalf of respondents. With their consent, this writ petition is taken uP for disPosal, 2 j'\

3. The facts of the case in brief are ttrat petitioner No.2 purchased the subject land uncl,: r registered Doc.No.3719 of 2OO9 dated 12.11'.2009 arLd petitioners raised compound wall to protect the land arrr I also dugged a borewell in the subject land for cultivatiorr purpose. It is submitted that vendor of the petitioners hal.cleed a plan to grab the petitioners land in view of esca,late(.r costs of the lald and exerted pressure against the petitioners through mediators. Thereafter, on O4.O7.2O25, the vendor of the petitioners engaged rowdy sheeters and trespi:ssed into the subject land and demolished entire pre-casl. fencing ald damaged the borewell edsting in the srubject land. Accordingly, petitioners lodged a comp laint before respondent Police, however, respondent P, rlice without verifying the same and without visiting the subject lald have closed the complaint as 'civil in nature' and that at the behe-st of unoflicial respondents, respt,ndent Police registered FiR No.87 of 2025 dated 25.07 .20,2:i stating that petitioners have not paid the entire sale corrsideration to the petitioners' vendor. It is further submittecl that vendor's vendor of the petitioner filed O.S.No.2 of 2O71 wherein petitioner No.2 is defendant No.2 on the file c I Senior Civil 3 Judge at Vikarabad and the sarne was dismissed on 14.06.2024. Thereafter, petitioner No.2 filed O.S.No.2 of t. t.' 2018 on the file of I Addl.District and Special Sessions Judge for Atrocities against Women at Vikarabad and obtained interim directions in I.A.No.2 of 20 18 in O.S.No.2 of 20 | I dated 28.01.2O2O. 4 . On a perusal of the complaint dated 04 .O7 .2025, it is can be seen that petitioners have not brought to the notice of the police with regard to the interim direction in I.A.No.2 of 2018 in O.S.No.2 of 2OIl.

5. Learned Assistalt Government Pleader for Home, on instructions, would submit that complaint of the petitioner was closed on the basis of materia-l evidence collected and by following due procedure as contemplated under law I \ \ I

6. After arguing the matter at length, learned counsel for the petitioner fairly admits that the details regarding interim order were not enclosed in the complaint dated O4.O7.2025 and pray this Court to permit the petitioner to 4 file a fresh complaint with the additic,r-ia-1 material evidences / documents 7 . In that vievg of the matter, this rvt it petition is disposed of with a direction to respondenl rluthorities to consider the complaint of the petitioner, if tht: same is filed r,r,ithin a period of one (1) week from the date cf receipt of a copy of this order, and take appropriate actiotr by following due procedure as contempiated under law. Miscellaneous petitions, pending, if an',', shall stand closed. However, there shall be no order as to costs. //TRUE COPYII $D/-P. PONNA KRISHNA ASi REGI ION OFFICER 'lelangana, Hyderabad.

1. The Principal Secretary, Home Department, State or 2. The Superintendent of Police, Vikarabad, Vikarabad :)istrict. 3. The Deputy Superintendent of Police, Vikarabad, Vikarabad District. 4. The Circle lnspector, Mominpet P.S., Vikarabad District. 5. The Station House Officer, Mominpet p.S., Vikarabacl District. 6. One CC to SRl. NARENDAR JALLT Advocate tOpUC j 7. Two CCs to GP FOR HOIVIE ,High Court for th'e Stat:) of Telangana. [OUT] B. Two CD Copies Secretariat, C f * To, f I * * CI.IR GJP + I t i , * I 'tI i + I t t 'i* a .+ t , + HIGH COURT onrED:25l09 t2o2s ORDER W.P.No.28231 of 2OZs { Y L o, I "€ '3 1B [tii i mi5 (;) ): :.Q DE^' lt(.}, '-'- -::'!2 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \81 LO lrc