lVlohd Waseem v. The State of Telangana

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 a Writ of ltrlandamus or any other appropriate writ, order or direction, declaring the action of the respondents Nos.3 and 4 in interfering with the petitioner's peaceful possession and enjoyment of his property bearing H.No,1B-13-8/Q1304, Parl and Plot No,304 in Survey No.79, admeasuring 100.00 square yards (equivalent to 83.61 square meters), situated at Bandlaguda Village, Hyderabad, as illegal, arbitrary, unconstitutional, and violative of Articles 14, 19(1 Xg), 21 , and 300-4 of the Constitution of lndia and consequently direct the respondents not to interfere in any manner with the petitioner's peaceful possession and enjoyment of the said property lA NO: 1 OF 2025 Petition unde- Section 151 CPC praying that in the cir:rmstances stated in the affidavit filed in s;upport of the petition, the High Court maV be pleased to direct the respondents Nos.3 and 4 not to interfere with the 0etitioner's peaceful possession and enjoyment of his property bearing H.No.1B-1 3-8/Q/304, Part and Plot No.304 in Survey No.79, admeasuring 100.00 square ,/ards (equivalent to 83.6'1 square meters), situated at Bandlaguda Village, l-lyderabad, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI SANJEEVA REDDY GARLAPATI Counsel for the Respondent Nos.l to 3: AGP FOR HOME Counsel for the Respondent Nos.4 and 5:---- The Court made the following: ORDER =T THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR Writ Petition No.327O3 of 2025 This r.r'rit petition is filed seeking the following prayer: "...declanng th.e actio n of the respondents Nos.3 and 4 tn interping utiLh the petitioners peaceful possession and enjogment of his propeftA beai.ng H.No.1B-13-B/Q/304 Part and Plot No.3O4 in Surueg No.79, admeasuring 1OO.00 square tlards equiualent to 83.61 square n Leters situated et Bandlagudcr Villa.cle Hgderabad (subject propertg) as illegal, arbitrary, unconstitutional and uiolatiue of Articles 14, 19(I)(g), 21 and 3OOA of the Constitution of India antd consequertLy direct the respondents not to interfere in ang manner with the petittoners peaceful possession and enjoyment of the said propefi!/..."

2. Heard learned counsel for the petitioner and learned Assistant Governrnent Pleader for Home appearing on beha,lf of respondent Nos.I to 3. With their consent, this writ petition is taken up for disposal. Notice to respondent Nos.4 and 5 is dispensed w,ittr 2 'ti:

3. TLc lacts of thc case in brief are i ritt p,:titioncr claims to tre absolute owncr and possessor ( I th(, subject property pur-chased endorsed uide Notar.,.. It I submitted tlrai on 26.O7.2025. rvhen the pctitioncr \\as r,r.ccLrng ne\\ ACC sheet in place of damaged ACC sheets. resrrondent Nos.3 and zl visited the subject plot and took ;rc lrrbour to the Police Station and insisted petitioner to ap]r roaclt police Station. Afte r shoning all the documents rc I rerd to the propertv rcspondent No.4 released the l:rlr, r-rre r.s and threatened trre petitroner to settle the r r- :rtter. *.ith respondent No.S, w.ho has no collcerlt u.itlt :tctitioner,s property. It is submitted tl-rat earlier on 13.02 .,tO23. w.hen respondenL l',Jo.5 was interfering with the subjt ..t propertr.. thc vendor cl the petitioner lodged complaint l,r.fore SHO, Ch andrayanl{Lrtta. At present, respondent No. i. k66ping the earlier grr-rdges rvith the vendor of the pr, itione,r jn mind, at the bchest of responclent No.4 police, r: nte rfering into the petit.ioner,s property. Aggrieved b1 thc sarne. the present r.vrit perition is filed. .1. Learned Assistant Government pleadet lor ljome has placed a copy of FIR No.446/ 2025 daLed.tri.1O.202S .,/ registercd againsL lhc petitiorrer (Accused No. 1) on thc complaint lodged by respondcnt No.5

5. Per contra, lcarned counsel for the petitioner submits that the subject prop('rtJr is located at Bandlaguda and that respondent Nos.3 ancl 4 is having no jurisdiction rvith regard to subject propert-\ \

6. Learned Assistant (lovernmcr-rt Pleader for Home submits that as per the contcrrts of the complaint lodged by respondent No.5, the adclress is given as Jalpally, Balapur and that respondent Nos.3 and .1 has jurisdiction. \ I

7. ln that vier.r, of the matter, since FIR No.446 12025 dated 28.lO.2025 has alreadl. been registered against the petitioner by respondent No.3, the petitioner shall cooperate with the enquin' and since the petitioner's property 1S falling in the jr-rrisdiction of Bandlaguda, respondent Nos.3 arld 4 are clirected not to interfere u,ith the civil disputes betr.r,een petitioner ancl respondent No.5 without following due procedure AS contemplated under .1 B. Ac:ordirtgly, this writ pctition is dispor;:d r'l M isc'r:llatt cotts pctitiotls, pending, il an', sll:'11 slalld i losc'ci . Ilo'rcver, therc slrall be nrl order zLS r.() : a)sl:i //TRUE COPY/i SD/.P. PONNA KRISHNA AS]:iIST REGISTRAR INT q EOTION OFFICER I oT TJ retangana, flvderabad 1 Jlp^l],l-.tr] Secretary Home Department, Secrerariat t3uitdirgs, The State of 2. The Commiss;ioner of police, Rachakonda Commissjo n,: rate, Hyderabad 3. The Station Fouse Officer, Balapur police Station, Hyrie,r,rbad 4. One CC to S.i Sanjeeva Reddy Garlapati, Advocate tC F UCI t lyo""?rto',l"ti:,frtf 6. Two CD Cobi,:s ' t Home' High court for the state of rr: ansana, at HIGH COURT CC TOIfAY DATED:2911012025 ORDER WP.No.32703 of 2025 }: 14 ) j'l 1 i{iiil 2025 f -.- .:- . -." .,' :. .i.. :i t-;, DISPOSING OF THE WRIT PETITION WITHOUT COSTS q