High Court · 2025

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 or order or direction more particularly one in the nature of wRrr oF MANDAMUS decraring the action of the respondent No 4 in interfering with the lawful possession and enjoyment of the petitioners Prooperty in Sy. No. 53/1 to an extent of Ac' 1 325 Sq yards situated at Civil Hospital to Karkhanagadda locality Karimnagar City' Karimnagar district interfering civil disputes without registration of any crlme and without following the due procedure and process established by law is illegal' arbitrary and violative of Article2loftheConstitutionoflndiaandalsoviolatronofSettledPrinciplesoflaw laid down by the Hon'ble Constitutional courts and consequently direct the respondent No.4 not to interfere into the civil matter without following due L procedure and orocess established by law in property. respect <:f the above stated lA NO: 1 OF 2025 PetitionUnderSectionl5lCPCprayingthatintheCircl'lmstancesstatedin the affidavit filed in support Memorandum of the petition, th-' High court may be pleased to direct the respondent No.4 in interfering with t rr:, lawful possession and enjoyment of the petitioner property in sy.No. 53/ 1 io irrr extent of Ac. 1325 Sq yards situated at Civil Hospital to Karkhanagadda locality Karimnagar City' Karimnagar distr ct pending disposal of the writ petition Counsel for the Petitioner : SRI MIRZA AZMATH ALI BAIG Counsel for the Respondents No.1to4 : ASST' GP FOR HOME Counsel for the Respondents No.s : -- The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.V.SHRAVA,N KUMAR WRIT PETITION No.28913 of 2025 ORDER: Heard learned counsel for the petitioners and learned Assistant Government Pleader for Home appearing for respondent Nos. 1 to 4. With their consent this writ petition is taken up for disposal at the admission stage itself: Notice to respondent No.5 is hereby dispensed with.

2. This writ petition is filed seeking following prayer:- "...declaring the action of the respondent No.4 in interfeing uith the lauful possession and enjogment of tLe petitioners propertg in Sg.No.S3/ 7 to an extent of Ac.1325 Sq.yards situated at Ciuil Hospital to Karkhanagadda localitg Kaimnagar Citg, Kartmnagar District interfeing utith ciuil disputes tt-tithout regi,stration of ang cime and uitlnut following the due procedure and process establisLLed bg law as illegal, arbitrary and uiolatiue of Article 21 of the Constihttion of Irudia and also uiolation of settled principles of lau laid doun bg the Hon'ble Constitutional courts and con sequentlg direct ttrc respond.ent No.4 not to interfere into th-e ciuil matter uittaut following due procedure and process establisled bg lattt iru respect oftte aboue stated propertg" 2

3. Brief facts of the case as stated are that cr::titioner,s great grandfather K. Lingaiah is the original owrrer and 1>ossessor of the land in Sy.No.S3/1 to al extent of Ac.2-OO gts., ert Subashnagar Locality of Karimnagar Town having acquired the same from the then Government of Andhra Pradesh under Harij an Order sanctioned in the year 1953 dated 04.04.1953. I.f,:er the death of petitioner's great graldfather, petitioner,s graldfather uiz., K.Ashalu, being sole legat heir, came into the possession of the said propert5r. Subsequent to the death of petitiorre:r,s grandfather ald father, pet.itioner and his family members t>ecame owners and possessors of the said property. It is submitl.ed that due to frequent disturbances from the neighboring land owners, petitioner got surveyed his land by Deputy Insperctor of Survey and Lald Records and thereafter, petitioner,s mo1her and sister executed the settlement deed bearing Doc.No.2'zl]6 /2022 dated O4.O3.2O22 in petitioner's favour. Thereafter, due to continuous intervention by respondent No.S and others, petiticner filed a suit for perpetual injunction in O.S.No. 16/2022 on the f,rle of II Addl.Senior Civil Judge at Karimnagar along with I.A.No.1O1/2O22 wh.ich is pending for adjudicaticr:r. It is further submitted that respondent No.5 along u,ir:h Tahsildar, Karimnagar are trying to dispossess the petitione.r.. Accordingly, petitioner Elgd W.e.No.2373l/2022 and this (.)ourt granted t , , \ 3 interirn order directing respondent Nos.3 ald 4 herein not to dispossess the petitioner from the subject property and the same was extended until further orders. It is further submitted that the Police personnel of III Town Police Station, Karimnagar in mufti came to the petitioner's property on 18.09.2025 at about 11.30 AM and trespassed into the petitioner's propert5r with dire consequences and the police also thrown away the furniture on the road. Learned counsel for the petitioner also filed copies of photographs in support of his case. Questioning the same, the present writ petition is filed.

4. Today, when the matter is taken up for hearing, learned Assistant Government Pleader, on instructions, would submit that respondent authorities would follow due process of law before initiating any action on the petitioner's property and pray this Court to pass appropriate orders to that effect.

5. Recording the submissions made by learned counsel appearing on either side, this writ petition is disposed of directing the respondent authorities to follow due procedure contemplated under law before initiating any action on the petitioner's property. 4

6. With the above directions, this writ petitio,-r is disposed of. Miscellaneous applications, if any pending, shzdl stand closed. No order as to costs. SD/-I'I, OSMAN ALI BAIG ASSISTANT REGISTRAR I //TRUE COPY// rS TION OFFICER To, 1 2 3 4 5 b 7 The Principal Secretary, Home Department' Secretariat' S;tate of Telangana' Hyderabad - 500022. The Commissioner of Police, Karimnagar Town KarimnaLgar district The Assistant Commissioner' Karimnagar Town Karimn 11;ar district TheStationHouseofficer,lllTownP.s'KarimnagarCiliKarimnagardistrict One CC tc, SRI MIRZA AZMATH ALI BAIG' Advocate [r')2UC] Two CCs to GP FoR HoNnE, High Court for the State o-. -t-elangana. [oUT] Two CD CoPies BSK 4L BS t HIGH COURT DATED:2310912025 I j;-..-'::' : -11:7, i.. ;, 6 $P zcffi ,a- .-./. t,:: : .) \. ORDER WP.No.28913 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 1 \q