Mr. Saleh Bin Hassan Dayyani v. Home Deoartment Secretiriat at Hyderabad, T-G

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 Mandamus in declaring the action oi the 4th Respondent in interfering with the peaceful physical possession of the property of petitioner bearing H.No.4-118, admeasuring 825 sq. Yards, situated at Errakunta Kothapet Village, R.R. District, in collusion with the un-official respondents 5 and 6 herein and in interfering with the civil dispute between the petitioner and the un-official respondents 5 and 6 herein which are pending before the trail court in O.S- No.71212025, on the file of the Pd Senior Civil Judge, at L.B Nagar, as arbitrary, illegal, un-constitutional and violative of Article 30O A, of constitution of lndia and consequently direct the 4th respondent to not to interfere with the peaceful physical possession of the property of petitioner bearing H.No.4-1 18, admeasurrng 825 Sq. Yards, situated at Errakunta Kothapet Village, R.R. District, and with the civil dispute between the petitioner and the un-official respondents 5 and 6 herein which are pending before the trail court in O.S. No.71212025, on the file of V Addl. Junior Civil Judge, at L.B Nagar, in any manner and further direct official respondents to take appropriate action against the respondent No.4 herein lA NO: I F 25 Petitir)n under 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 .[th respondent herein not to interfere with the peaceful physical possession ,cf the property of petitioner bearing H.No. 4-1 18, admeasuring 825 Sq.Yards, sil.uated at Errakunat Kothapet Village, R.R.District, and also with the civil dispute between the petitioner and the un-official respondents 5& 6 herein which are p€,nding before the trail court in O.S. No. 71212025, on the file of V Additional Junior Civil Judge, at L.B. Nagar, in any manner Pending Disposal of the writ petition Counsel fortlrc Petitioner: SRl. SADU RAJESWARA REDDY Counsel for the Respondent Nos. 1to4: AGP FOR HOME Counsel for the Respondent Nos. 5&6:- The Court made the following: ORDER THE HONOURABLE SRI IUSTICE N.V.SHRAVAN KUMAR ORDER: Heard learned counser for the petitioner and rearned Assistant Government Pleader for Home appearing for respondent Nos.-t to 4. With their consent, this writ petition is being taken up for disposal at the admission stage. 2' This writ petition is filec{ by the petitioner aggrieved by the action of the respondent No.4 in interfering with the peaceful physical possession of the property of petitioner bearing H.No.4-11g, admeasuring g25 square yards' situated at Errakunta Kothapet Village, R.R.District (hereinafter referred as 'subject property') in collusion with the un-official respondent Nos'S and 6 herein and in interfering with the civil dispute between the petitioner and the un-officiar respondent Nos.S and 6 which are pending before the trial Court in o's'No .772 0f 2025 0nthe file of prl. senior Civil Judge at L'B'Nagar as arbitrary,iregar, un-constifutionar and viorative of Articre 300-4 of Co,stitutio. of Inc{ia a,d consequentry, direct the 4u, respondent not to interfere witrr the peacefur possession of the subject property of petitio'er and the civil crispute between the petitioner and the un-officiar respondent Nos-5 and 6 which are pending before the trial Court ir-r O.S.No .772 of 2025 on the file of prl. Senior Civil Judge at 7 2 L.B.Nagar and further direct the official respondents to take appropriate action against the respondent No.4 herein.

3. The ,:rief facts of the case as stated in the affidavit are that the petitioner claims to be the absolute owner and peaceful possessor of the property bearing H.No.4-118 in Sy.No.117, admeasuring t200-07 square yards or 1003.46 srlu&r€ meters situated at Errakunta, Kothapet village, Balapur Mandal, Rangareddy District by virtue of Registered Partition Deed vide document No.5846 0f 2076 dated 08.03.2016. tt is submitted that the respondent l{o.5 fraudulently got executed registererJ lease cleed vicle document No.5847 of.2I16in his favour in respect of the above saici house for aperiodof30.yearsbystatingthatun-officialrespondentNo.5rvouldsetupa L.p.G_cum-petrol pump in the name anct style of M/s Arfat Filling Station but,responderrtNo.SfailedtosetuptlreSamearrdaitcrap.leriodof3years withoutpayinganyrentsvoluntarilysurrendereclthesaidpropertytothe petitionerbyexecutingsurrenderofleasedeeddocunrentinfavourofthe petitioner'ItisfurthersubmittedthattherespondentNo.5cleceitfullygot executedtheregisteredsaledeeddocumcntNo.l65TTofZolgdated

30.09.2019inf:rvourofun-officialrespondentNo.6whoisncltreotherthan wifeoftheun-officialrespondentNo.5toanextentofsllsquarevardsoutof l200.0TSqualeyards,withoutpa;.;ingan,vsaleconsirleration.Itisfurther submitted that the un-official respondents are interfering with the petitioner's peacefulpossessionofthehousepropertysinceL5-07-2oz5,assuchhelodged acomplaiiwiththerespondentNos.3an,l4throughSpeeclPoston J

09.09.2025, inspite of receipt of the said complaint on 10.09.2025 no action was taken against the respondent Nos.5 and 6, the petitioner also filed a suit for perpetual injuncticin against the respondent Nos.5 and 6 on 12.09.2025 vide O.S.No.712of 2025on the file of V Additional Junior Civit Judge at L.B.Nagar, Rangareddy District and the same is pending. euestioning the action of respondent No.4, present writ petition is filecl.

4. Learned Assistant Government pleader appearing for Home has submitted written instructions submitted by Sub-Inspector of police, Balapur Police Statioru Rachakonda Commissionerate wherein it is submitted that the petitioner has sent complaint dated 0g.09.2025by post stating that Mr. Shaik Azher wife Mrs. Shamsunnisa Azhar Shaikh along with anti-social elements have frespassed on to his house property bearing H.No.4-11g situated at Errakunta Kothapet village, Rangarecldy clistrict since 1,s.07.202sto till date with an evil motive to grab his house property and the said persons have also dug up several pits inside the open house property by erecting cement p,rars and the said compraint was received by post on 76.0g.2025 and based on the same' 4e respondent made petition entry on the same day. It is further submitted that the petitioner has sent compraint by wayof registered post but did not encrose any evicrence or came to t^e poricc station and produced any witnesses in support of his versio., as such 4th respondent cared the petitioner to visit the porice station for the purpose of enquiry, since the petitioner has come to the porice station, tr-re porice visited the subject property on 16.0g-2025, e.nquired the petitior.rer and informed him to come to 4 police station along with evidence and witnesses for conducting enquiry on his comolaint but the petitioner has not come to the police station till 19-09.2025. It is further submitted that on 18.09.2025 the 5th respondent garre a complain: to the State House Officer, tsalapur Police Station, dated 18.09.2025 stating that on 15.09.2025 at 11:00 PM Mr. Ali Dahyyani, Saleh Davyani and Omer Day'yani and their associates have iltegally hespassed into premises bearing No.4-118 and caused damage to the property and threatened the complainarrt to vacate the premises, otherwise they w,oulcl kill him. It is further sutrmitted that based on the above complaint, 4tL respondent registered a case in Crime No.388 of 2025 against petitioner/ A-2 Saleh Dayyani anct others and S.I of Police examined the complainant and another witness and recorded their statements and collected clocuments and the case is uncler investigation. It is further submitted that except conclucting investigation in the above cases, 4h respondent has not interferecl rvith the civil disputes 'retween the Petitioner and un-official respondents' [n that view of the matter, recording the submissions of both the 5. learned counselthis writ petition is disposed oi with consent directing the petitioner to co-operate with the investigation and if the petitiotrer produces any l'urttrcr evidence/material before the respondent authorities within a perio(l of (01) week from the date of receiprt of copy of this order' therespondentauthoritiesaredirectedtoconsiclertheSameandtake furthercourseofactionbyfollowingdueproceclureascontemplated rrnder law' ,/ .n

6. With these observations' 5 this writ petition is disposed' of withconsent' Miscellaneousapplications'ifanypending'shallstand'closed'No IITRUE COPY,, I order as to costs' I ! I t I I I I : To'

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7. BM TJ \qr ASSTSTANT REG sD{:s,BHRlf; / G SECTloN OFFIGER Secretariat T.G T.G T.G. etangana at HIGH COURT DATED :,tgt}gtz}Zs ORDER WP.No.2BSS8 of 2OZs F CJ * t l'i'rE s 1 2 lt t:F, tqTf (, rI * DISPOSING OF THE IWRIT PETITI WITHOUT CTOSTS ON on! c\ $ \sil