✦ High Court of India · 08 Oct 2025

TH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HON'BLE SRI JUSTICE v. SHRAVAN KUMAR Between

Case Details High Court of India · 08 Oct 2025
Court
High Court of India
Decided
08 Oct 2025
Bench
Length
1,040 words

Mohammad lqbal, S/o Mohd Business Fl/o H.No.5-7-'13, firlahabubnagar district. Abdul Pathba Rasool Aged about 67 years, Occ. Palmoor Mahaboobnagar proper, ...PETITION ER AND

1. The State of Telangana,, Rep.by its Principal Secretary, Department of Home, Secretariat Buildings Hyderabad.

2. The Superintendent of Police, Mahabubnagar district, tvlahSbuQnagar 3. The Deputy Superintendent of Police, [\rlahabubnagar, It4atiabubnagar district 4. The Station House Officer,, [t4ahabubnagar Rural police Station, Mahabubnagar district

5. J.Venkat Ram Reddy, S/o Late J.Anantha Reddy Aged about 51 years, occ. Business Rl/o H.No. 14-3-85121N2H, Balaji Nagar, Mahabubnagar town and district ...RESP.NDENT. 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 appropriate writ or order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the high handed action of the respondent No. 4 in interfering in the civil matter in respect of petitioner House Plot admeasuring 1001 Sq.yards (116.3 x 77.0178.O feets) in SyNo. 101 situated within the limits of Christian Palli, Mahabubnagar sivar now under the Mahabubnagar Municipality, Mahabubnagar by calling the petitioner frequently to the 4th respondent Police station and make him sit hours together for setttement of the civil matter is illegal, arbitrary and violative of Articles 21 , and 300A of the constitution of lndia and also violation of Setfled principles of law laid down by the Honourable Constitutional courts IANO:1OF2 025 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.4 not to interfere in the civil matte' also personal liberty of the petitioner in respect of House Plot admeasuring 1001 Sq.yards (1 16.3 x 77 .Ol78.O feets) in SyNo. 101 situated within the Iimits of Christian Palli, Mahabubnagar sivar now under the Mahabubnagar lt4unicioality, Mahabubnagar district, also not pending disposal of the writ petition Counsel for the Petitioner: SRI MOHD GULAM RASOOL Counsel for Respondent Nos. 1 to 4: GP FOR HOME Counsel for Respondent No 5: -- The Court made the following: ORDER THE HONOURABLE SRIIUSTICE N.V.SHRAVAN I(UMAR ORI)ER WRIT PETITION N o.3 0517 of 2O25 Heard learned counsel for the petitioner and iearned Assistant Govcrnment Pleader for Home appearing for respondent Nos.1 to 4. With their consent, tl-ris writ petition is beir-rg taken up for disposal at the admission stagc itsclf.

2. This writ petition has been filecl seeking the following prayer:- "to det:lre the ligh ]rtrulctl nction of the respondtnt's No.4 in futcrfering in tlrc ciuil nntter in resluttt of petitioncr House PIot tn adrnewrrirtg 1001 Sq.yartls (116.j t 77.0/78.0 feets) in Sy.No.70'1, sittmted ruithin thc linits o.f Clrristitu Pnlli, Molmbubnagar siru ttotL' under the Mnhabubnagnr Muicipttlity, Mnhobubnagar by calling the pelitiorn:r frequently to tltc 11i' respottrk:ttt Police statiotL aud sit hours togt:tlrcr .for settlemattt of tlte ciuil ttatk'r is iLlegnl, arbiLrnry nnd oiolnth,t' oJ Articlt 21 and 3004 o! llr ()ottstitution of lndia nnd also oioLatiort of Setllarl Princiltlcs of hu, lild doton lty the HonourabLa Cottstr t tt lionnl cou rls."

3. Brief facts statcd in this rvrit petition arc that petitioner claims to bc thc owncrs and posscssors of House Plot admeasuring to an extent of 1001 Sq.yards (116.3 x 77.0/78.0 feets) in Sy.No.101, situated within the limits of Christian Palli, Mahabubnagar sivar now under the Mahabubnagar Municipality, Mahabubnagar, having acquircd the same through registered sale deed bearing document No.3303 o1 1998 dated 20.71.1998. It is further submitted that respondent No.5 is interfering witl-r the petitioner's peaceful possession over the subicct propcrty, hence, petitioner filed O.S.No.68 of 2025 and the same is pending on the file of junior Civil Judge, Mahabubnagar. The case of the petitioner is that respondent No.4 is interfering in the civil dispute and is insisting the petitioner to settle the dispute with respondent No.5. Aggrieved by the same, this writ petition is tilccl. \ 2 \

4. Learned Assistant Governlnent Pleader for Home appeating for respondent Nos.1 to 4 on instructions submits that on 1(r.09.2025, respondent No.5 lodged a cornplaint stating that the petitioner has trespassed the subject properb/. On such complaint respondent No.4 registere(l FIR No 645 of 2025 clated 16.09.2025 under Section 329(3), 324(4), 175(2) rcacl r,r,ith 3(5) BNS. It is further submitted that invcstigation in FIR No.645 of 2025 clated 16.09.2025 is pending artd once the same is finalized aPpropriate report will be filed, before the competent Court.

5. Learned Assistant Governmcut Pleader for Flomc srrbmits that respondcnt No.4 is not interfering u,ith the civil c'lispute rrrtl [urthcr submits tl-rat insteatl ol crr-operating q,itlr thc invcstillation in FIIi I'.o.6-15 of 2i)25 datc't'l

16.09.2025, petitioner filed this writ pctition

6. Recording the submissions n'rade by learned counsel appearing on cither side anrl n'ithout expressing any opinion on tlrt- mcrits rtf the case, this writ petition is tlisposed of dirccting rcsp-rondent autholities to follow due procedure as contemplated under law for further course of action. It is made clear that the petitir>ner shall co-ope::ate r.r'itl-L the perrdir-rg ;rvestigation in FIR No.645 of 2025 datcd 16.09.2025

7. With the above directiory this writ petition is disposed of. Miscellaneous applications, if any pending, shall stand closcd. No order as to costs. To, ,TRUE COPY// SIJI B. REKHA RANI SI$TANT REGISTRAR CTION OFFICER 1 2 The Principal.Secretary, Department of Home, state of relangana secretariat Buildings Hyderabad. The Superintendent of Police. Mahabubnaoar district. Mahabubnaoar i. a 4 6 7 BCN/ PVL The Deputy Superintendent of Police, Mah6bubnagar, Mahabubnigar district The Station House Officer,, Mahabubnagar Rural police Station, Mahabubnagar district One CC to Sri tr4ohd Gulam Rasool Advocate IOPUC] Two CCs to GP For Home ,High Court for the State of Telangana. [OUT] Two CD Copies W HIGH COURT I DATED:081101202 o t-tET ( cJ -2 \" -r I1 n T 0 ?\? 5 :l r.ac) * 'I =:l) I ORDER WP.No.305'17 of 2025 l DISPOSING OF THE WR]T PETITION WITHOUT COSTS G 1 b ?A 1C

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