Ba.blu Majhi v. 1. The State of Telangana

Petition underSection 151 CPC praying that in the circumstances stated in the affidavit fil,-'d in support of the petition, the High Court may be pleased to pass an order direc:ting the respondent No.1 to 4 herein that not to interfere in civil disputes with the petitioner in relating to the following immoveable properties i.e. (a) land to the extent of 1 acre situated in Sy.No.4t1OOt1; (b) land to the extent of 0.1080 guntas situated in Sy.No.1Ol43Ot1; (c) land to the extent of 0.024 guntas situated in Sy.No.10144011; (d) open plot to an extent of 110x19 feet including a house bearing No.1-132; the said properties are situated at Nizrulnager village, mandal kagaznagar, District Komurambheem Asifabad, and open plot to the extent of 30x(i0 square feet i.e. 2OO square yards situated in Sy.No.13 at Kapuwada, kagaznagar village, mandal Kagaznagar, District Komurambheem Asifabad, which were covered under a Partition suit vide O.S.No.133 of 2024 on the file of the t'lon'ble Junior Civil Judge, Sirpur Town, District Komuram Bheem Asifabad, pend ng disposal of main w.p. in the interest of Justice. Counsel for the Petitioner: SRI S. CHANDRASEKHAR. Gounsel for ther Respondents No.1 to 3: AGp FOR HOME Counset for the, Respondent No.4: AGp FOR REVENUE Counsel for the Respondent No.5: - The Court madei the following: ORDER :.r. l,r .""Ji- n i :.".{.{;: 'r*tilt ,. , .,r . ..:] ,,-' , (, , ..:dj'-L.: :. . , -;;iill,:! + i,.';^.14'' .:{.sffir L I , , l ! I .t : ,/' THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR ORDER: N Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 3; learned Assistant Government Pleader for Revenue appearing on behalf of respondent No.4. With their consent this writ petition is taken up for disposal at the ad.mission stage itself. Notice to respondent No.S is hereby dispensed with. 2 This writ petition is filed seeking following prayer:- "...directing respondent I{os.I to 4 herein thqt not to interfere in ciuil disputes with the petitioner in relating to the fotlouing immoueable properties i.e', a)land to the extent of 7 acre situated in Sa.No.4/ 100/ 1 b)land to the extent of 0.1080 guntas situated" in Sg.No.lO/43O/ 1 c) land to the extent of 0.024' guntas situated in Sy.No.10/ 440/ 1 d)open plot to qn extent of 110x19 feet including a house bearing No.1-132 the said properties are situated at Nizrulnager uillage, mandal kagaznaga\ District Komurqmbheem Asifabad and open plot to the ertent of 30x60 square feet i.e., 200 square yards situated in Sy.JVo. 13 at Kapuwada kagaznagar uillage mandal, iogornogo, District, Komurambheem Asifabad (subject properties) which were couered under a Partition suit uide o.s./vo. 133 of 2024 on the file of the Junior Ciuil Judge, Sirpur Town District Komuram Bleem Asifabad ii) consequently declare the action of the respondent Nos. 1 to 4 herein in interfering in ciuil process of law is illegal disputb s witlnPt{ollowing due 4, 27 and 3OOA of the arbitrary uiolatiue of Article 1 Constittttion of India. - .'

3. The facts of the case in brief as stated are that petitioner's late father Himangshu Majhi was the owner of the subject properties and he died on 28.07.2023 leaving behind petitioner and pe titioner's mother and one married daughter. It is submitted that petitioner's mother worked as Government Nurse and retired in the year 2016, due to some disputes, petitioner's mother left the company of petitioner's father in the year 2Ol8 and is residing with married daughter. It is submitted that petitionr:r's mother is suffering with psychiatric problems and at the tim,: of her retirement, petitioner's mother received an amount of Rs.36,OO ,OOO /- as terminal benefits and that the married daughter is cleverly grabbing the said money from the petitioner's mother i.e., respondent No.S. The petitioner filed a partition s:uit uide O.S.No.I33/2024 before Junior Civil Judge, Sirpur against respondent No.S and married daughter and the same is pending for consideration. Respondent No.5 filed a petition under Senior Citizen Act before respondent No.4 and that res'condent No.5 is not entitled for any maintenance. Respondt:nt No.3 under the instructions of respondent No.4 is pressurizing the petitioner to settle the issue and is frequently summoning to police station. Questioning the same, the present writ petition is filed. \ li*rr*o.*- -, J I , 'i i

4. Learned Assistant Government Pleader for Home, instructions would submit would submit that respondent authorities would follow due procedure as contemplated under 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 as contemplated under law before initiating any action on the petitioner's property. It is made clear that respondent Police shall not interfere in the civil disputes pending between the petitioner and unofficial respondent No.5.

6. With the above directions, this writ petition is disposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to costs. !i ! SD/. M. NAGAMANI ASSISTANT REGISTRAR 6 SECTION OFFICER I /TRUE COPY// To 1 The PrinciPal Secretary, Telangana, HYderabad. Home Depadment, State of Telangana' Secretariat'

2. The SuPerintendent of Police, Bheem Asifabad. Komuram Bheem Asifabad, District Komuram Police Station Kagaznagar Rural, District 3. The Station House Officer, Komuram Bheem Asifabad' 4. The sub collector and sub-.Divisionallt/lagistrate.and tVlaintenance Tribunal \ officer, xagaz;6'ai oistrict Komuram Bhebm Asifabad'

5. One CC to SRI S. CHANDRASEKHAR, Advocate [OPUC] 6. Two OCs to GP for Home, High Court for the State of Telangana at Hyderabad. [OUT]

7. Two CCs to GP for Revenue, High Court for the State of Telangana at Hydererbad. [OUT] B. Two Cl) Copies MP PVL ) 1 HIGH COURT DATE D :24 10912025 THE S R o o * 1 2 fiA8 21126 ?o ePArC * ORDER 1 t WP.No.29096 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS (" i I I I I I I I I I I : i I c"?\4 ,r"* o 2e