The High Court · 2025
Case Details
Acts & Sections
2. Rajula Gopi Krishna @ Rajula Gopi @ Kurva Gopi Krishna @ Kurva Gop!, S/o Rajula Saihaiah @ Kurva Sathaiah Aged about 39 y,ears, Occ-.Agricllture, R/6 H.No.7-79l1, Patel Road, Farooqnagar Mandal, Shadnagar K.V. Ranga Reddy District Pincode - 5092'16, (T.G. District) Being Rep. by their G.P.A Holder Sri Chinthoju Ranjith Chary S/o Chinthoju Sudarshan Chary (Late) Aged about 40 ytiars, Occ- Business, Ri,/o H.No.'l-136, Pendyal Village, Maheswaram Mandal, Ranga Reddy District - 509325. T.S. ...PETTTTONER(S) D 1. The State of Telangana, Rep by its Principal Secretary, Home Department, Dr.B. R.Ambedkar, Secretariat, Khairatabad, Hyderabad.
2. The Director General of Police, O/o the DGP, Telangana State Opp- Ravindra Bharathi, Lakdi Ka Pool Khairatabad, Hyderabad -500004
3. The Commissioner of Police, Cyberabad, O/o the Commissioner of Police, 2- 48, Sri Shyam Nagar, Telecom Nagar Extension, Gachibowli, Hyderabad, Telangana 500032
4. The Deputy Commissioner of Police, 798R (plus) 447, Ranga Reddy Nagar, Shamshabad, Hyderabad, Telangana 501 218
5. The Assistant Commissioner of Police, Shadnagar Division, Railway Station Road, Shadnagar, Telangana, 509216
6. Station House Officer, Shadnagar Police Stiation, Shadnagar Division, Railway Station Road, Shadnagar, Telangana State - 509216
7. Kuruva Yadaiah @ Rajula Yadaiah, S/o Kurava @ Rajr.{a Bovaiah Aged about 65 years, Occ- Agriculture, FUo H.No.7-66, Patel Road, Shadnagar Town, Far6oqnagar Mand-al, Ranga Reddy District, Telangana State 509216. B. Kuruva Srikanth @ Rajula Srikanth, S/o Kuruva Yadaiah @-Rajula Yadaiah Aged about 26 lear-s, Occ- Agriculture, Rl/o H.No.7-66, Patel Road, Shadnagar Town. Farooqnagar Mandal, Ranga Reddy District, Telangana State 509216. ...RESPONDENTS Petition under Articre 226 ot the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue an appropriate writ, order or Direction more particurarry one in the nature of writ of Mandamus decraring the inaction of Respondent Nos.2 to 6 in not considering the Representation of the petitioners dated 03/09/2025 for not initiating any necessary legal action and not registering an FrR against Un-official Respondents No.7 and g and their henchmen, who are trying to disposses the Petitioners from their peacefur possession and enjoyment of their respective shares of Ac-s-38112 Guntas each from agricurturar rands in sy.No.6'6 (New) Sy.No.403(01d), admeasuring to an extent of Ac.11-37 Guntas out of totar extent of Ac' 1 3.00 Guntas, situated at chattanpary vi*age of Farooqnagar Mandar, Ranga Reddy District (Erstwhire Mahbubnagar District), Terangana State, having acquired the same through a Registered wifl Deed vide Doc.No.1 ltBK-fir2o1o dated 29-11-2010 having registered at sub Registrar office at Farooqnagar, Mahbubnagar District, despite having made Representation dated 03/09/2025 to not to dispossess or vacate the petitioners from their Agricurture rands is ilegar and arbitrary and in vioration of Articres 14, 1s,21 and 300-4 of the constitution of rndia and arso in vioration of principres of Naturar Justice and consequenfly direct the Respondents to forthwith consider the Representation dated 03logl202s by registering an FrR against Un-officiar Respondent Nos.7 and 8, and their henchmen. with anti-sociar erements who are iflegar rand grabbers, lllegally trying to encroach, whoever tries to grab petitioners Agricurture rand property, not to dispossess the petitioners or vacate the petitioners from their peaceful possession and enjoyment of Agriculture lands in respective shares.of Ac.5-38112 Guntas each from agricultural lands in Sy.No.686 (New) sy.No.403(01d), admeasuring to an extent of Ac.11-37 Guntas out of totar extent of Ac'13'00 Guntas, situated at chattanpafly Vifiage of Farooqnagar Mandar, Ranga Reddy District (Erstwhire Mahbubnagar District), Terangana state, by unofficiar Respondents No.7 and g and their henchmen, by providing porice aid to Petitioners, by disposing the Representation dated 03logl2o25, in accordance with law. lA NO: 1 OF 2025 Petition 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 Respondents to forthwith consider the Representation dated 0310912025 by registering an FIR against Un- official Respondent Nos.7 and 8, and their henchmen, with anti- social elements who are illegal land grabbers, lllegally trying to encroach, whoever tries to grab Petitioners Agriculture land property, not to dispossess the Petitioners or vacate the Petitioners from their peaceful possession and enjoyment of Agriculture lands stated supra, by providing Police aid to Petitioners, in accordance to law, Pending disposal of the main Writ Petition. Counsel for the Petitioner(s) : SRI BOLLU NAGARAJU Counsel for the Respondents No 1 to 6: GP FOR HOME Counsel for the Respondents No 7 and 8: -- The Court made the following: ORDER THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR Writ Petition No.30572 of 2o25 ORDER: Heard Sri B. Nagaraju, Iearned counsel for the petitioners and learned Assistant Government Pleader for Home appearing ttrr respondent Nos.l to 5. With their consent, this writ petition is being taken up fgr disposal at the admission stage itself.
2. This writ petition is filed seeking the following prayer: "Declaring th.e inaction of respondent Nos.2 to 6 in not constdeing tlrc reStresentation of the petitioners dated 03.09.2025 for rrct ilitiatiry anA necessary legal action and not rezgistc-:ritr1 an l"[R against unfficial respondents i.e., respondent Nos.7 & 8 and their henchmen, who are trying to dispossess fhe petitioners from their peaceful possession and enjogntent of their respectiue shares of Ac.5.38 % guntas each front agriailturctl lands tn Suruey No.686 (New) Suruey No.403 (old) adnrcosuring to an extent of Ac.11.37 situated at guntas out oJ' totctl extettt oJ' Ac. 13.00 Chattanpally Village of Telangana State; hauing acquired the .same througlt ct Registered Will Deed uide Document No.1 1/ BK-lll/ 2010 dated 29.1 1.2020 hauing registered at Sub - R e gistrar Office at l.'aro o qnag ar, Mahabubnag ar District despite hauing made representation dated 03.09.2025 not fo dispossess or uacate the petitioners front their agriculture lands as illegal, arbitrctrg arrcl also in uiolation of principles of natural justice antd ccsnsequerfiial direction to respondents to forthwith consider the representation dated 03.09.2025 by registerirlg an [:ll? against unofficial respondents 1.e., respondent Nos.7 antd I artd tlrcir henchmen uith anti-social elentents tuho are illegal land grabbers, illegallg trying to .guntas \ I I I : 2 encroach whoeuer tries to grab petitioners agriculfure lo.nd propertg not to dispossess the petitioners or uacate the petitioners from their peaceful possession and enjoyment of agriculture lands in respectiue shares of Ac.S.3g ,l guntas eachfrom agricultural land.s in Surueg No.6B6 (New) Suru;eg No.403 (old) ad.measuring to an ertent of Ac.ll.37 guntas out of total extent of Ac.L3.OO guntas situated at Chattanpallg Village of Telangana State., 3' Brief facts of the case are that petitioners craims to be absolute owners and possessors of the agricurtural rands in Survey No'6g6 (New) Survey No.403 (old), chattanpalry village of Farooqnagar Mandal, Ranga Reddy District (erstwhile Mahabubnagar District), Telangana state; which the same was acquired through their grandfath er viz., Kurva Bhovaiah @, Rajula Bhovaiah by virtue of a registered will deed uide Document No.11 /BK-rrr/2010 date d 29.11.2o10. It is submitted that despite having no right or titre, respondent No'6 and others have been interfering ,regarly with the schedule properties and are attempting to encroach upon them by creating fraudulent documents, as a result, petitioners filed a suit for permanent injunction in o.s.No.461 of 2021 before the II Additionar Junior civil Judge, Rangareddy Distrcit. The trial court granted injunction in I-A.No-Tr of 2o2L on 16.06 .2021 and the said order was challenged by respondent No.6 in c.M.A.No.13o of 2021 before the Additional District Judge, Medchar-Markajgiri J District, ancl order was confirmed and later was challenged in c.R.P.No.69 of 2025 before this court and the same is pending for adjudication. It is further submitted that respondent Nos.6 to 10 acting in coordination with respondent Nos.4 and 5 obstructed access of the petitioners to their land on 23.o9.2o2s, accompanied by police constables, attempted to dispossess them from. their lawfully owned property without an.v notice, without affording an opportunity of being heard, and in gross violation of the principles o1' natural justice and their actions amount to a misuse of official authority and are in violation of Article 300- A of the constitution of India, r,r'hich guarantees the right to property. It is further stated that on 23.09.2o2s, petitioners lodged a complaint before the respondent No.S, enclosing all relevant court orders and documentary evidence proving their lawful possession and ou,nership of the said property, however, respondent No.S refused to register the complaint, acting under political pressure, instead he threatened to register a false case against the petitioners which is not only illegal but also a clear abuse of power aimed at suppressing petitioners lawful rights and intimidating them from entering : I J 4 into their own land. Aggrieved by the same this writ petition is filed. 4. Based on the instructions issued by the Sub-lnspector of the Police, learned Assistant Government Pleader for Home submitsthatpetitionerslod.gedacomplaintonL2.o9.2o2S wherein it is stated that respondent Nos'7 & 8 and their henchmen,triedtodispossesshimfromtheirpeaceful possession ancl enjoyment of their property' Basing on the said complaint, made G'D', Entry and' during the course of inquiry, it ,ul,as rer,calerl that there is a cir,il dispute between the petitioners and respondent Nos'7 and B and after completionofinqr-riry,suggested.thepetitionerstoapproach thecompetentCivilCourtforredressalandclosedthesaid complaintascir,ilinnaturtlon22.ag.2o21andthesamehas beeninformedt<lthepetitionersthroughPetition Management SYstem' 5. Having considered the above facts and circumstances and. without expressing any opinion on the merits of the case' thiswritpetitionisd'isposedofandrespondentsaredirected tofollowdueprocedureascontemplatedunderlawbefore initiatinganyactiononthepetitionersonthesubject property. It is mad'e clear that this Court ha1 not expressed ,,, any opinion on the rights of the petitioners and the unofficial respondents i.e., respondent Nos.7 & g may pursue appropriate remedies as available under law. 6' with the above direction, this writ petition is disposed of" Misce,aneous apprications, if any pending, sha, stand closed. No orcler as to costs. /TRUE COPYII SD/.MOHD. ISMAIL DEPUTY SECTION OFFICER To,
1. The Principal fe_crejary, state of.Terangana, Home Department, Dr. B. R.Ambed kar, Seiretariat, Khair;ta5rO,' HvO"irorO. 2. The Director Ge.neral of police, olo tne bcp, f"rrng"na state opp- Ravindra ^ p.harqthi, Lakdi Ka poor Khairatabad, Hyd;iaoao lsoooo+. 3. The Commissioner of Police, cvoeribii, oto-thi commitsioner of po lice,2- 48, S ri Shy?T^Ngga r, Teteco m Nagi i Eit",i Jid nl c j.r,l uo*i i' iiyotia oao, Telangana 500032. 4. The Deputy commissioner of potice, 7g^aB(4rr ) 447, Ranga Reddy Nagar, _ 9.hrry.habad, fVderabad, Telangan'a SOt 2i'8.--' 5. The Assistant Commissioner of Police, 5n"On"grr Division, Railway Station -'---"-r-' _ Road, Shadnagar, Telanqana. 509216'. 6' Station HouseOfficer, Shladniqarpotiie Station, Shadnagar Division, Railway StatiorRo a{,_Q hg{n agar, Te I a"n g a n a Siate - S O bi I A . 7. One CC to SRt. BOLL-U NAGARaJU AOvocate fOe0C1 8. Two ccs to Gp FoR HOME ,High court ror t-r,e'5iate of rerangana. [our] 9. Two CD Copies ' N, D.N I / HIGH URT DATED 09/1 0t2025 ORDER WP.No. 572 of 2025 ( * D 17 Il0I 2[25 -...:'..:.:-"n" D OF THE WRIT PETITION WITHOUT DISPOS COSTS I \t