The High Court · 2025
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6. Smt. Dayala Muthemma, Wo. Bajanna Aged major, Ri./o- Baaiannapalli, Beside Old Police Station, Armoor village and Mandal Nizamabad District. ...RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit 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 sth respondent police in trying to demolishing the petitioner property and to evict the petitioner from their respective lands situated in Sy No. 401166127 of an extent of Ac.0..27 gts situated Armoor Village and Mandal. Nizamabaad District at the best of the 6t h respondent without looking into the Decree and Judgment dated 15,07 2013 in AS No. 11t2OO4 -passed by the Hon'ble ll Addl. District Judge (FTC) at les of natural iustice and Nizamabad is illeqal, arbitrary and aqainst the also violative of Articles 14, 19 and 21 of the Constitution of lndia in the interest of justice and consequently direct the respondents police not to demolish the structures of the petitioner land without following due process of law. l.A. NO: 1 OF 2016(WP MP. NO: 42199 OF 2016) Petition under Section 151 CPC praying that in the c I )umstances stated in the affidavit filed in support of the petition, the High Cour. nay be pleased to grant stay of demolition of the petitioner thatched house r ituated in Sy No. 401166127 of an extenl of Ac.0..27 gts situated Armoor Vi lage and Mandal, Nizamabaad District and also direct the respondents police r lt to interfere with the civil disputes pertaining to the petitioner property, pen<li rg disposal of the main writ petition. Counsel for the Petitioner: SRI T.SUJAN KUMAR Counsel for the Respondent Nos.l & 5: GP FOR HOME Counsel for the Respondent Nos.2 TO 4: GP FOR REVENUE Counsel for the Respondent No.6: SRI SHAFATH AHMED Kll \N The Court made the foltowing: ORDER *E6ti;5i*Lr;'*, \Jsa{rA!.i:\lrtrn j. - -- . -{.<i-ati-J.r*.;igi-*--, - - .^. ,, r:Y-.aFr!,Eri:, r{E r.?f:, - 1 I 1 I I i I i i i I I I I I I I THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.34210 OF 2016 ORDER: This Writ Petition is filed under Article 226 of the Constitution of lndia seeking the following relief: "...fo issue a Writ, Order or Direction, more particulady, one in the nature of Writ of Mandamus, declaring the action of the dh respondent potice in trying to demolishing the petitioner property and to evict the petitioner from their respective lands situated in Sy No. 401/66/27 of an extent of Ac.0-27 gts-, situated at Armoor Vitlage and Mandal, Nizamabad District, at the behest of the dh respondent without looking into the Decree and Judgment dated 15-07-2013 in AS No. 11f2004 passed by the Hon'ble It Addl. Distict Judge (FTC) at Nizamabad, as illegal, at-bitrary and against the principles of natural iustice and also violative of Articles 14, 19 and 21 of the Constitution of lndia in the interest of iustice and consequentty direct the respon&nts police not to demolish the structures of the petitioner land without following due process of law and lo pass such other order or orders as this Hon'ble Courl may deem fit and proper in the interest of iustice."
2. Learned counsel for the petitioner submits that the action of the sth respondenUstation House Officer, Armoor Police Station, Nizamabad District in attempting to demolish the petitioner's property and evict him from the land at the behest of the 6th respondent, without following due process of law and without considering the decree and judgment passed in AS. No. 11 of 2004 dated 15.07.2013 by the learned ll Additional District Judge (Fast Track Court), Nizamabad, is illegal. He further 2 NT&/ lYt.P. No. )4210 of 2016 submits that this Court, having considered the submissions on
30.09.2016, directed that the status quo prevailing er on that date be maintained in all respects. 3. Learned Assistant Government pleader for Hc me submits that respondent No. 5 has no involvement in the civil dispute; of the petitioner and is not attempting either lo demolish the propert , or to evict the petitioner. He contends that the allegations raised ir the petition are unfounded and lacking in particulars, and accordingly 1> ays for dismissal of the petition. 4. Learned gounsel for respondent No. 6 submits tli t he has not had an opportunity to obtain instructions from his client anc therefore seeks an adjournment. He further contends that the petitione r is an imposter lhave perused the record. who has initiated litigation under three different identities,. 5. 6. The petitioner contends that respondent No. 5 is' interfering in his civil disputes. conversely, the submission of the lE rrned Assistant Government Pleader for Home reveals that respondent I'l >. s has no such involvement. 7. Having regard to these submissions, and in view r f the status quo order earlier passed by this court as an interim measuro it is considered appropriate to direct respondent No. 5 not to interfe r : with the civil disputes of the petrtioner, except stricfly in accordance ,vith law and by ) MT(/ IV.P. No. )4210 oJ 2016 /., following due procedure. Ordered ac@rdingly. As to the other disputes between the petitioner and respondent No. 6, the parties are at liberty to pursue their respective rights before the appropriate forum in accordance with law. 8. With the above direction, this Writ Petition is disposed of' There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. SD/-A.H.S. GOWRI SHANKAR SISTANT REGISTRAR //TRUE COPY// ECTION OFFICER To
1. The Principal Secretary, Home Department Secre na Hyderabad, State of Telangana The District Collector, Nizamabad District, Nizamab 2 The Joint Collector Nizamabad, Nizamabad District 3 iii; G;i;tr;i Director of survey & Land, Records Nizamabad, Nizamabad 4 District S. in. Stafion House Officer Armoor Police, Sta!1o,, Armoor, Nizamabad District O, On" CC to SRI T.SUJAN KUMAR, Advocate IOP-UCI 7. iil CCs to GP FOR HOME, High Court for the State of Telangana, at 8 o;; cC to silt SHAFATH AHMED KHAN, Advocate-[oPuQ]- 9. il; ccsio cp FoR REVENUE, High Court for the State of Telangana' at Hvderabad- [OUTI Hyderabad. [OUTI
10.Two CD CoPies PSK. - BS Yd-- HIGH COURT DATE D :2 410912025 ORDER WP.No.34210 ot 2016 d YoR lrES 14 l t i 5 ,.l,l 202 6 .l ,.s/ 'rC .,.Y.la.F DISPOSING OF THE WRIT PETITION WITHOUT COSTS -, :r;ii#E:*;4;.-..;.,!.- -. . . i -,' :-- "riqt*r!i}l!i!t+ = l \\ -da 5oo' - ---ii-4n -Pr-"" " r.i ---.