Komireddy Thirupath v. lMandal, Jagtial District

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 order or direction more particularly one in th.e nature of writ of mandamus or any other appropriate writ declaring the action of the respondent No. 3 in calling the petitioner to the police station and threatening her to get settle the issues as per the terms dictated by the said authority and also forcing to forego her rights over his agricultural land i.e., admeasuring Ac. 0.04 guntas in sy.No. 1631311, situated at Venkatraopet village, tVetpally f\rlandal, Jagtial District, in favour cf the respondent No. 4, is nothing but abusing the powers vested in them, depriving the personal liberties and violative of provisions of Articles 14, 19 and 21 of the Constitution of lndia and also violative of principles of natural justice. Consequently direct the respondent No. 3 not to call the petitioner to the police station thereby not to pressurize him to forego his rights over his above said land in favour of the respondent No. 4. lA NO: 1 OF 202]5 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 respondent No. 3 not to call the petitioner to the police station, thereby not to harass him and not to prevent him in any manner in enjoying his agricultural land i.e., admeasuring Ac. 0.04 guntas in sy.No. 163 1311, situated at Venkatraopet village, tVletpally [Vlandal, Jagtial District- I Counset for the Petitioner : SRI K VENUMADHAV Counsel for the Respondent Nos. 1 to 3: AGP FOR HOME Counsel for the Respondent Nos. 4 & 5:-- The Court made the following: ORDER THE HONOURABLE SRI IUSTICE N.V.SHRAVAN KUMAR ORDER: WRIT PETITION No.30061. of 2025 Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 3. With their consent, this writ petition is being taken up for disposal at the admission stage itself.

2. . This writ petition has been filed seeking the following prayer:- "to declare the action of the respondent No.3 in calling the petitioner to the police station and threatening him to get settle the issues as per the terms dictated by the said authority and also forcing to forego his ights ooer his agricultural land i.e., admeasuring Ac.0.04 guntas in sy No.163/3/1., situated at Venkatraopet oillage, Metpally Mandal, lagtial District, in faoour of the respondent No.4 is nothing but abusing the pou)ers vested in them, deprioing the personal liberties and aiolatkse of prooisions of Articles 1-4, 1.9 and 27 of the Constitution of Indin and also oiolatiae of principles of natural justice. Consequently direct the respondent No.3 not to call the petitioner to the police station thereby not to pressurize him to forego his ights oaer his abooe said land in faoour of the respondent No.4."

3. Brief facts stated in this writ petition are that petitioner claims to be the owner and possessor of agricultural land admeasuring Ac.0.04 guntas in sy No.L63/3/L, situated at Venkatraopet village, Metpally Mandal, Jagtial District, having acquired the same from respondent No.4 through sale deed bearing document No.1413 of 2022 dated 30.08.2022. It is further submitted that the respondent Nos.4 and 5 with an intention to grab the subject property are interfering with the petitioner's peaceful possession over the subject land. Hence, petitioner filed suit for injunction i.e., O.S.No.91, of 2025 and the Principal Junior Civil Judge, Metpally, in I.A.No.215 of 2025 in O.S.No.91. of 2025, granted temporary injunction and restrained the respondent Nos.4 and 2 5 and his men from interfering with the petitioner's peaceful possession over the subject land. The case of the petitioners is that respondent No.3 is interfering in the civil dispute and is pressurizing the petitioner to settle the issue with respondent Nos.4 and 5. Aggrieved by the same, this writ petition is filed.

4. Learned Assistant Government Pleader for Home appearing for respondent Nos.L to 3 placed on record instructions issued by the Sub- lnspector of lJolice, Metpally Police Statioru lagtrat District, wherein it is submitted that on 26.09.2025, respondent No.4 lodged a complaint before respondent No.3 stating that on 1'1,.09.2025 at 12.00 noon, petitioner has trespassed the subject land and demolished the wall constructed around the subject land and kept name board as "This property belongs to Komreddy Thirupathi". On such complaint, FIR No.332 of 2025 dated 26.09.2025 under Section 329(3), 324(4), 351(2) read with 3(5) BNS was registered against petitioner. It is further submitted that respondent No.3 called the petitioner to police station for producing the subiect documents in support his version and instead of co-operating with the investigation in FIR No.332 of 2025 dated

26.09-2025, petitioner filed this writ petition.

5. Recording the submissions made by learned counsel appearing on either side and without expressing any opinion on the merits of the case, this writ petition is disposed of directing respondent authorities to follow due procedure as contemplated under law for further course of action. It is made clear that the petitioner shall co-operate with the pending investigation in FIR 3 No.332 of 2025 dated 26.09.2025. Needless to say that if the petitioner is still aggrieved, he is at liberty to seek appropriate remedy as available under law.

6. With the above direction, this writ petition IS disposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to costs. To SD/. M.JAWAHAR REDDY ASSTSTANT REGISTRAR G I SECTION OFFICER /TRUE COPY//

1. The principal Secretary to the Home Department, Secretariat Buildings, The State of Telangana, Hyderabad.

2. The Superintendent of Police, Jagtial District, Jagtial' 3. The Station House Officer, tMetpally Police Station, tMetpally proper and lVlandal, Jagtial District.

4. One CC to SRl. K VENUMADHAV Advocate TOPUCI 5. Two CCs to GP FOR HOTUE ,High Court for the State of Telangana' [OUT] 6. Two CD CoPies PVL TKS V HIGH COURT DATED:06/1 012025 ORDER WP.No.30061 of 2025 Dl5Po6tM, ofrt*6 nRfr Ptrrrrlou UCI-ni 0Lir crbrs ac"pq*t ffi-" 6E SE* 1 o 1 iluI 2ffi E ,. z * I(