High Court · 2025

Judgment

1. The State of.Telang.ana, Rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad. 2

7. B.

9. The Sub-DivisionalJVlagistrate and Revenue Divisional Officer, lbrahimpatnam Revenue Division, Ranga Reddy District. The Tahsildar, lbrahimpatnam Mandal, Ranga Reddy District. The Assistant Commissioner of Police, Rachakonda Commissionerate, lbrahimpatnam, R.R.District. The lnspector of Police, lbrahimpatnam Police Station, lbrahimpatnam, R.R.District. The District Collector, Ranga Reddy District. Guddeti Mallaiah, Sio Late Jangaiah, Aged about 60 years, Occ. Agriculture, Rl/o.Dandumallaram Village, Ibrihimpatnam Mandal, Ranga Reddy"District. Guddeti Dhanraj, S/o. Late Jangaiah, Aged about 28 years, Occ. Business, R/o.Dandumallaram Vitlage, lbrahimpatnam Mandal, iianga Reddy District. Guddeti Venkatraj, S/o. Late Jangaiah, Aged about 24 years, Occ. Business, Rl/o.Dandumallaram Village, lbrahimpatnam Mandal, Ringa Reddy District. ...RESPONDENTS

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, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd respondent jn issuing the lmpugned Proceedings No.Bl1T37l20Z4, dt2it\9t2o24 wherebJ ...x*Fj: .li:,,i ;,r // pronouncing the proceedings u/sec.145 cr.P.C. over the petitioners land between the petitioner and Respondent Nos.7 to I for the land bearing Sy.No.1564/1 admeasuring Ac.0.34 gts, Sy.No.15B/Ru admeasuring Ac 1 26 gts' sy.No.159E/3 admeasuring Ac.1.30 gts total admeasuring Ac.4.10 gts situated at Dandumallaram Revenue Village, lbrahimpatnam Mandal, Ranga Reddy District and all that pace and parcel of 14 inches Feet Road from Village Donka to the scheduled properties pending finalization of civil proceedings in o.S.No.239 of 2024 on the file of Principal Junior Civil Judge, Ranga Reddy District at lbrahimpatnam without conducting preliminary enquiry by giving notice to the petitioner at the instance of Respondent Nos.7 to 9 as illegal, arbitrary' unconstitutional anct contrary to the provisions of Sec.145 Cr.P.tl. and to set aside the same. lA NO: 1 OF 2024 Petition under Section 15'l CPC praying that in the circumstances stated in the affidavit fited in support of the petition, the High Court may be pleased to Suspend the operation of the lmpugned Proceedings of the 2nd respondent in Proceedings No.F.1173712024, dt.25l1gl2024, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI VEMULA SURESH .. TMP Counset for the Respondent Nos.1, 4 and 5: GP FOR HOME Counsel forthe Respondent Nos.2,3 and 6; GP FOR REVENUE Counsel forthe Respondent Nos.7 to 9: SRI P. RAVI SHANKAR The Court made the following: ORDER THE HON' BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.335O9 of 2O24 ORDER: This writ petition is frled seeking following relief: 'For the reasons stated in the accompanying afhdavit, it is prayed that this Hon'ble Court may be pleased to issue arr appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Maldamus, declaring the action of the 2"d respondent in issuing the lmpugned proceedings No.Bl1737 /2O2a, dt.25.O9.2024 whereby pronouncing the proceedings U/Sec. 145 Cr.P.C. over the petitioner's Iand between the petitioner and Respondent Nos.7 to 9 for the land bearing Sy.No.156A/1 admeasuring Ac.0.34 gts, Sy. No. 158/ Ru admeasuring Ac. 1.26 gts, Sy-No- 159E/ 3 admeasuring Ac. 1.30 gts total admeasuring Ac.4.10 gts situated at Dandumallaram Revenue Village, lbrahimpatnam Maldal, Ranga Reddy District and all that piece and parcel of 14' Feet Rohd from Village Donka to the scheduled properties pending Itnalization of civil proceedings in O.S.No.239 of 2024 on the file of Principal Junior Civil Judge, Ranga Reddy District at Ibrahimpatnam without conducting preliminary enquiry by giving notice to the petitioner at the instance of Respondent Nos.7 to 9 as illegal, arbitrary, unconstitutional and contrary to the provisions of Sec- 145 Cr.P.C. arld to set aside the same, and to pass such other order or orders as this Hontrle Court may deem fit and proper in the circumstances of the case."

2. It is stated that the petitioner is the owner and possessor of land admeasuring Acs. O.34 guntas in Survey No. 156A/ 1, Acs. 1.26 guntas in Survey No. 158/Ru, Acs. 1.30 guntas in Survey No.159E/3, total admeasuring to an extent of Acs. 4.1O guntas, situated at Dandumallaram Revenue Village, Ibrahimpatnam Mandal, Ranga Reddy District (for short, 'the subject property). It is further stated that when respondent Nos.7 to 9 and others disputed the right and title of the petitioner over enjoyment of the subject property, petitioner was constrained to institute a svit uide O.S.No.239 of 2O24Stn the file of Principal Junior Civil Judge, Ranga Reddy -a 2 CVBR, J W.P.No.336O9 of 2024 District at Ibrahimpatnam. The grievance of the petitioner is that pending adjudication of the suit, at the instance of one Sri Gudeti Lingaswamy, S/o. Sri Narasimhzr, the impugned proceedings uide Procgs'No B11737 12024 dated 25.o9.2O24 have been issued by the 2nd respondent-Sub-Divisional Magistrate and Revenue Divisional ofhcer, Ibrahimpatnam Division, directing the 3'd respondent-Tahsildar, Ibrahimpatnam Mandal to take over the possession of the subject lands under cover of panchanama and keep the lands under her safe custody and also directed not to a11ow any encroachments ovr:r the subject lands.

3. Lrarnerd counsel for the petitioner vehemently contended that before initiating the proceedings under Section i45 Cr.P.C:, no notice was issued to the petitioner. In fact, there was no report being submitted by any concerned Police Ofhcer ard except acting on the complaint said to have been given by one Sri Gudeti Lingaswamy S/o. Sri Narasimha, the impugned proceedings dated 25.O9 .2024 has been issued by the 2"d respondent'

4. Learned Assistalt Government Pleader for Revenue for respondent Nos.2, 3 and 6 has submitted that in fact, the complainant Sri Gudeti Lingasrvamy was not made as a party respondent to the present writ petition and in the absence of complainant as a party respondent, the present writ petition is misconceived and the same is liable to be dismissed. CVBR, J W.P.No.33609 of 2O24

5. Considered the submissions of the learned counsel for the respective parties and perused the record.

6. Section 164 of Bharatiya Nagarik Surak-Sha Sanhita, 2023 (for short, tsNSSJ deals rvith the procedure where dispute concerning land or water is likely to cause breach of peace. As per sub-scction (1) of section 164 of BNSS, whenever an Executive Magistrate is satisrred from a report of a police ofhcer or upon other i,formation that a dispute rikely to cause a breach of the peace exists concerning any land or water or the boundaries thereof, within his local jurisdiction, he shall make an order in writing, stating the grounds of his being so satisfied, and requiring the parties concerned in such dispute to attend his court in person or by an advocate on a specified date a.d time, and to put in uritten statements of their respective claims as respects the fact of actual posscssion of the subject of dispute. 7 issued by This Court has carefully considered the impugned proceedings the 2od respondent uide Procgs.No.B/1732 /2024 dated A careful reading of the impugned proceedings would reveal I / that no report as such has been filed by any concerned police officer in terms t 25.09.2024. of section 164 of BNSS Act, except stating that a report has been received from the Tahsildar, Ibra_himpatnam .utd.e letter No.B/3976/2O24 dated 24 -o8.2o24 with a request to promulgate the provision of section 164 of BNSS on disputed land in which both the parties _are claiming right. Nd 4 CVBR, J W.P.N't.336O9 of 2024 reasons whatsoever have been assigned nor any notice has been issued to the petitioner as required under Sub-section (1) of Section 164 of BNSS Act.

8. Since the petitioner and respondent Nos.7 to 9 are having right to file their lr,ntten statements/ obj ections before the 2'd respondent, the ends of justice would be met if the petitioner and respondent Nos T to 9 are directed to file their obj ections/ written statements before the 2"J respondent and 2od respondent is directed to examine the said written statements/objections and pass appropriate reasoned order duly taking note of the pendency of the suit uide O.S.No.239 of 2024 after issuing notice to the petitioner ald respondent Nos.7 to 9 and a-ll other interested pa-rties. Tiil passing of Such hnal order, respondent Nos.2 and 3 are directed not to take any action in pursuance of the impugned proceedings dated 2:i.09 .2024. 9 . With the above observations, the Writ Petition is disposed of There shall be no order as to costs. Miscelianeous applications pending, if any, shal1 stand closed SD/- P. GOWRI SHANKAR GTSTRAR To, //TRUE COPY// OFFICER .[,"fi*: Telanoana. Hvderabad. Revenue Division, Ranga Reddy District.

1. The Principal Secretary, Home Department, 2. ih;'S'r;-Diri.ilnifir/igi.trdte and Revenue Divisional Officer. lbrahimpatnam S. f he iahsildar, LOrbnimp=atnam Mandal, RanglReddy Distric! 4. The Assistant commissioner of . Police, Rachakonda commlsslonerale, s. rn" inSpecioi' oi potic", lbrahimpatnam police station, lbrahimpatnam, 6. The District Collector, Ranga Reddy District' lbrahimoatnam. R.R. District. R.R.District. State of

7. One CC to Sri Vemula Suresh .. TMP Advocate [OPUC] 8. Two CCs to GP for Home, High Court for the State of Telangana, at 9. Tfro CC to The bP for Revenue, High Court for the State of Telangana, at Hyderabad [OUT] P. Ravi Shankar, Advocate[OPUC] \ t: TJ HvderabadlOUTl -Sri

10. Ohe CC to 11.Two CD Copies d I I I I HIGH COURT CC TODAY DATED:2010312025 ORDER WP.No.33609 of 2024 91e STAt [- <) t g zti HAt 2ir25 v * _).:i:ai,\ -,, DISPOSING OF THE WRIT PETITION WITHOUT COSTS &a b