Merajothu Lakshma Naik v. 1. The State of Telangana

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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in interfering / dispossessing the petitioner's from plot No.94 in Sy No.61 and 62 admeasuring 300 .square Yards, situated at Sardar Vallabi Patel Poor Class Co- operative Housing Colony Thirumalagiri Village, Cantonment Secunderabad Secunderabad. is illegal, arbitrary, and violation of principles of natural justice and as well as the fundamental rights guaranteed under the Constitution of India consequently direct the respondents not to interfere / dtsp rr;sess the petitioner from the above said plot. |.A.NO:1 OF 2025 Petition Urder Section 151 CPC praying that in the (r ltL.rmstances stated in the affidavit filed in support of the petition, the High Cou I may be pleased to direct the respondents not to interfere / drspossess the pot t:tner's from plot No. 94 in Sy No. 61 and 62 admeasuring 300 square Yards, situ,:l:d at Sardar Vallabi Patel Poor Class Co-operative Housing Colony Thirumalagl r '/illage, Cantonment Secunderabad, Secunderabad forthwith pending disposa of the above writ petition. Counsel for the Petitioner : SRI VEERA BABU GANDU Counsel forthe Respondent Nos.1 to 4 : AGP FOR HOME Counsel for the Respondent No.5 : - The Court made the following ORDER .da:i,; +nrl:€z .. :::::::ir. : r'; I rl,i.;l; / -r THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR Writ Petition No.286O5 of 2o25 This writ petition is filed seeking the lollowing prayer: "...declaring th-e action of the respondents in interfeing / dispossessing the petitioners from plot No.94 in Sy.Nos.61 and 62 admeasurtng 3OO square Yards situated at Sardar Vallabi patel Poor Class Cooperatiue Housing Colorug, Thirumalagiri Cantonmerut, Secunderabad as illegal arbitrary and uiolation of pinciples of natural justice and as well as the fundamental rights guaranteed under the Constitution of India consequentlg d.irect the respondents not to iruterfere / dispossess the petitioner from the aboue scLid plot. . . " Village,

2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing on behalf of respondent Nos.1 to 4. With their consent, this writ petition is taken up for disposal. Notice to respondent No.5 is hereby dispensed with.

3. The facts of the case in brief as stated are that petitioner claims to be absoiutcl owner and possessor of &rt \r*{€{tl \ \ 2 Plot Nc,.94 in Sy.Nos.61 and.62 acimeasurrirLg, 3O0 sq.yds., at Sarclar Vallabai Patel Poor Class Co-ope ri: tive Housing Colony, Thirumalagiri Vi11age, Cantonrlent Board, Secuno.erabad and is in the possession of .l Le above said plot which has been purchased being GpA .,rolder in the year 1958 uide Doc.No.1 135/ 1958 ,::<ecuted on 26.07.1965. It is submitted that respondelrr_ No.5 along with respondent Nos.3 and 4 asked the petitLcner to vacate the said premises. The petitioner has sh,tu.n all the relevant documents to respondent authoritie s proving that petitioner is the owner of the subject 1and. er:,:stioning the action of respondent authorities in interferinll .with the civil disputes pending between petitioner and rcsprtndent No.5, the present writ petition is filed.

4. Tlne Sub-Inspector of police, Trimr lr:;herry police Station has placed a copy of instructions thrc:ugh learned Assistant Government Pleader for Home slLl_,mitting that one Ms.Radha Nair D/o.Krishna Kumat.i has given complaint on 05.09.2025 to respondent No.,l stating that there a-re civil disputes pending between her mother ald one Srinivas Reddy and Venkat Reddy in O.S.No.23 of 3 2008 on the file of City Civil Court and an order of injunction is granted in favour of her mother and that the said Srinivas Reddy and Venkat Reddy created fake documents and executed false sale deeds. Thereafter, the complainant noticed that some illegal constructions were going on the subject property by one Navin Sharma and is trespassing into the complainant's property and requested respondent Police to stop all construction made by said Navin Sharma. Basing on the said complaint, respondent t t Police made GD trntry ald during the enquiry it is revealed that the dispute pertains to plot No.94, admeasuring 300 sq.yds., in Sy.Nos.61 artd 61 of Sardar Vallabhai Fatel poor , Class Cooperative Housing Colony, Trimulgherry, Secunderabad. Since, the said issue comes under civil matter, the respondent Police closed the complaint as ,civil in nature' and a notice dated 74.09.2025 ald an online message was sent to the complainant. It is further submitted except conducting enquiry, respondent police has not interfered with the matter and respondent No.5 has not lodged any complaint against the petitioner. 4 . -i:':;iti \.1

5. in that view of the matter, since t he complaint lodged b1. sister of respondent No.S is clos,,rd as civil in nature, this writ petition is disposed of witlr .r direction to respondent authorities to follow due prrocedure as conternplated under of law before initiating ;Lny action on the sultject property of the petitioner. Nliscellaneous petitions, pending, if ati. , sha1l stald closed. Hor"vever, there shall be no order as t i costs. //TRUE CoPY// SD/- MOHD. ISMAIL I'EPUWlctSrnen SECTION OFFICER ,Home Department, Secretarial t:Suildings, State of The- Principal Secretary, t etangana at Hyderabad. The Comrnissioner of Police, Rachakonda Commissiorre ^ate, lValkajgiri, Medchal lr4alkajgiri District. Ile P9p!ty Commissioner of police, North Zone,. Sec.rrrderabad Hyderabad. - - - The Station House Officer, Thirumalagherrry, Secunde-al:aO nyaerdOiO. Two CCs to GP FOR HO|VE, High Co"urt foiine Stite t,I fetan(rnr-ri- Hyderabad. [OUT] One CC b SRI VEERA BABU GANDU, Advocate [Optj(.:] Two CD Copies To \ 1 2 a 4 5 Ct 7 SA PVL I \. .i\ , 2 :i SiP 20fr l' :' !,-) i) ,\ ,, ':'.,,'lr. \ \: HIGH COURT DATED:2210912025 ORDER WP.No.28605 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. eb14h'r