The High Court · 2025
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Petition under Article 226 ot the Constitution of lndia praying that in the circumstances stated. in the affidavit filed therewith, the High Court may be pleased to order or any direction, writ more appropriately in the nature of Writ of Mandamus declaring the action of the respondents more particularly 3rd respondent in not only interfering with the peaceful possession and enjoyment of the petitioner's property i.e. Premises bearing Municipal No.16-1 1-16/'132, Plot No.132 in Survey No.13/1 , admeasuring 31 8 square yards, situated at Teegalagudam, l-lyderabad at the behest of the unofficial respondents but also continuously har:rssing the petitioner by calling to the potice station and sit idle hours together and threatened the petitioner to setle the matter out of court othenrvise registrertion of criminal cases by exercising their official power is illegal and unconstitutiorral. Consequently direct the respondents not to interfere with the peaceful possession of the petitioner's subjected property at the behest of the unofficial respondents and also not to interfere in Civil dispute vide OS.No.1456 of 2025 on the file of the tearned XIX Additional Junior Civil Judge, City Civil Court at Hyderabzrd in the interest of justice lA NO: 1 oF 202s Petition uncler 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 3rd respondent not to interfere with the peaceful possession and enjoyment of the petitioner's property i.e. Premises bearing Municipal No.16-11- 161 132, Plot No.132in Survey No.13/1, admeasuring 318 square yards, situated at Teegalagudam, Hyderabad at the behest of the unofficial respondents without following due process of taw counsel for the Pr:titioner : sRt MOHAMMED HABEEBUDDTN Counsel for the Rr3spondent Nos. 1 to 3: SRt R. LAXMIKANTH REDDY, AGP FOR HOME Counsel for the Respondent Nos. 4 to 6 : -__ The Court made the foltowing: ORDER ,l : i :: 1 :t i i il,l THE TTONOURABLT SRI JI'SI'ICE N.TUI(ARAMJI ORDER: This writ Petition is filed under Article 226 of constitution of India seeking the following relief/s:- '...to orcier or €rny direction, writ more appropriately in the nature of writ of Mandamus declaring the action of the respondents more particularly 3rd respondent in not only interfering wiih ttre peaceful possession and enjoyrnent of the petitioners property i.e. premises bearing Municipal No.16-1L-L6/L32, plot No.132 in Survey No.13/1, admeasuring 318 square yards, situated at Teegalagudam, Hyderabad at the behest of the unoflicial respondents but also coniinuously harassing the petitioner by calling to the police station and sit idle hours together and threatened the petitioner to settle the matter out of court otherwise registration of criminal cases by exercising their officiat power is illegal and unconstitutional. consequently direct the respondents not to interfere with the peaceful possession of the petitioners subjected property at the behest of the unollicial respondents and also not to interfere in civil dispute vide oS.No. 1456 of 2025 on the file of the learned XIX Additional Junior civil Judge, City Civil Court at Hyderabad in the interest of justice and pass......" 2- Heard Mr.Mohammed Habeebuddin, learned counsel for the petitioner ancl Mr.R.Laxmikant]r Redd.y, learned Assistant Government Pleader for Home appearing for respondent Nos. 1to3.
3. Learned counsel for the petitioner submits that respondent No.3 is interfering with the petitioner's house property situated at Teegaragudem, Hyderabad, at the instance of the unofficial respondents, though no crime is presently pending. He further submits that civil disputes between the petitioner and the unoffrcial respondents are already pending in o.S" No.1456 of 2025 on the lile of the learned XIX Adcitional Junior civil Judge, 2 City Civil Court, Hyderabad. Hence, he prays for issuance of appropriale directions to prevent such interference by the police authorities.
4. Learne{ Assistant Government Pleader for Home, on written instructions, submits that respondent No.3 has not interfered in Erny manrLer with the civil dispute between the petitioner and the unofficial respondents, as alleged. He further submits that the allegations are without any basis and unsupported by any acceptabl= material. It is further clarified that no crime is pending rrgainst the petitioner and, therefore, the question of interference with the petitioner's possession does not arise. According;ly, he prays for dismissal of the petition-
5. I have perused the material available on record.
6. Having regard to the assertions made in the affidavit filed in support of the writ petition, and considering the limited jurisdicti<>n of the police in matters involving purely civil rights, this Court is of the view that appropriate directions are warrante(1
7. Acc,rrdingly, the respondent police authorities, particularly responde:et No.3, are directed to refrain from interfering in any { civil dispute or property matter of the petitioner that is purely \ 3 civil in nature, save and except in strict accordance with law and by following due process.
8. With this direction, this writ petition is disposed of. There shall be no order as to costs. Miscellaneous Petitions, pending if any, shall stand closed. \ \ To //TRUE COPYI1 Sd/. AHMED ABDULLA KHAN ASSISTANT BEGISTRAR /* SECIIgIT OFFICER
1. The Principal Secretary, Home (Police) Department, Secretariat, The State of Telangana, Hyderabad.
2. The Commissioner of Police, Hyderabad City, Hyderabad. 3. The Station House Officer, tr/alakpet Police Station, Hyderabad. , ,' 4. One CC to SRI MOHAMMED HABEEBUDDIN, Advocate [OPUC] '' ' 5. Two CCs to GP for HOME, High Court for the State of Telangana. [OUT] \ /'.. .6.. Two CD Copies PVUT\trP o HIGH COURT DATED:2311012025 ORDER WP.No.31751 of 2025 / I f:':f$*- 1 hES t( ? 1 iiB ?{i?f, * ti '.': t,\,. -. a\K DISPOSING OF THE WRIT PETITION WITHOUT COSTS