C.P.Mukthar Jabeen v. 1. The State of Telangana

Petition under Article 226 ol the Constitution of lndia praying that in the circumstances stated in the atfidavit 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 declaring the action of the official respondents in not acting upon the complaint submitted by the petitioner dt.19.09.2025 and 09.09.2025 and conducting inquiry by registering First lnformation Report against the unofficial respondent for having trespassed into the petitione/s land illegally and creating law and order issues as illegal, immoral and in violation to the provisions of BNS and BNSS Act and against the principles of natural iustice and consequently to t1 direct the Station House officer, GopalPuram, pS to forthwith consider the complaint submitted by the petitioner dt.19.09.2025 and 09.09.2025 and conduct inquiry by registering First lnformation Report. 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 to Respondent to consider the complaints dt.1 9.09.2025 and 09.09.2025 submitted by the petitioner Counsel for the Petitioner : SRI ABDUL AZAM KHAN Counsel forthe Respondents No.1toS : ASST. Gp FOR HOME Counsel for the Respondent No.6: SRI FARHAN AZAM KHAN, SC FOR WAKF Counsel forthe Respondent No.7: -- The Court made the following: ORDER ,, THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR Writ Petition No. 30244 of 2O2S This writ petition is filed seeking the foilowing prayer: "...declaing the action of tlrc official respondents in not acting upon ttte complaint submitted bg the petitioner dt.19.09.2025 and. 09.09.2025 arud conducting inquiry bg regtsteing First Information Report against the unofficial respondent for hauing trespassed into the petitioners land illegallg and creating latu and. order issues as illegal, immoral and in uiolation to the prouisions o/ BIIS and BIISS Act and" against the pinciples of natural justice and. consequently to direct tlrc Station House Offtcer, Gopal puram PS to forthwith consider the complaint submitted_ bg the petitioner dt.19.09.2025 and O9.09.2025 and conduct inquiry bg registeing First Information R e p o rt. . . "

2. Heard learned counsel for the petitioner and Iearned Assistant Government pleader for Home appearing on behalf of respondent Nos. 1 to 6; learned standing counsel for Waqf Board appearing on behalf of respondent No.7. With their consent, this writ petition is taken up for 2 disposal. Notice to respondent No.8 is hereby dispensed

3. The facts of the case in brief as stated are that petitioner claims to be Mutawalli of the o1d graveyard under the Dargah Khaja Peeran (RH) at Regimental Bazar, Secunderabad. The said Waqf institution is a notified property- rn AP GazetLe No.6-A dated 09.02.19g9 and Gazette No.13 dated 29.03.7984 under Towliath of late Chand Pasha. 'lhe said graveyard was subjected to encroachment by the land grabbers. It is submitted that respondent No.8 constructed house bearing No.9-3_2 13 tou'ards backside of the grave_vard and trespassed into the Waqf land by demolishing the compound wall. In that regard, petitioner lodged a complaint before respondent authorities on 19.O9.2025 and 09.O9.2025. It is submitted that despite lodging complaint, respondent authorities have not initiated any action against the unofhcial respondent No.S. Questioning the same, the present writ petition is filed. I I 3

4. The Sub-Inspector of Police, Gopalapuram Police Station, Secunderabad has placed a copy of instructions through learned Assistant Government Pleader for Home and would submit that basing on the complaint lodged by petitioner, respondent poLice made GD entry and taken up investigation and conducted enquiry. As per enquiry, it is revealed that the petitioner and respondent have disputes regarding the Iand between old graveyard and respondent Nos.8 property more particularly regarding construction of boundary wall. Since, the dispute is with regard to land, the said complaint was closed as 'civil in nature' on 05.10.2025 and an online message was sent to petitioner to that extent and suggested the petitioner to approach appropriate Court for redressal' Along with the instructions, a copy of Petition Enquiry Report and the Petition Transaction History has been enclosed'

5. In that view of the matter, since the complaint of the petitioner has already been closed by respondent Police as tivil in nature', this writ petition is disposed of with a direction to respondent authorities to follow due procedure as contemplated under of law for further course of action' if an\- Needless to state, petitioner may seek appropriate remedy as available under la\.!, Miscellaneous petitions, pending, if any, shall stand closed. Hou,ever, there shall be no order as to costs. //TRUE COPY// SD/. U. SUDHA ASSISTANT REGISTRAR6SECTION OFFICER To, '1 . The Principal Secretary, Home Department, Secretariat, Telangana State, Hyderabad.

2. The Director General of police, State of Telangana, Hyderabad. 3. The Commissioner of Police, Hyderabad city, Hyderabad. 4. The Deputy Commissioner of police, North Zone, Secunderabad. 5. The Station House Officer, Gopalpuram police Station, Secunderabad. 6. The chief Executive officer, Telangana State waqf Board, RazzackManzilopp Public Gardens Nampally Hyderab;d 500001

7. One CC to SRI ABDUL AZATM KHAN, Advocate. tOpUCl 8. Two CCs to GP FOR HOME, High Court for the State of Telangana. [OUT] 9. One CC to SRI FARHAN AZATM KHAN, SC FOR WAKF BOARD. tOpUCI '10. Two CD Copies. BSK .N'l' HIGH COURT DATED:0711012025 i R I 1 tr u/ A Y 'r-)(J ! .'/u ( + T !, i9 7i1,f, !_: fi:'l ,'v '.{11)r" ORDER WP.No.30244 of 2025 '---j--t- DISPOSING THE WRIT PETITION WITHOUT COSTS u\rt