Sri.Chamhati Kondu Ratnam v. The State of Telangana

9. Smt.Ghanta Jhansi Rani, D/o. G.Venkata Rathaiah. Aged about. Not known. Occ. Not known. R/o. Plot No.78. Khanammet, Serilingampally lVlandal. Rangareddy district. Telangana. lVobile No. 98480 15484 --

10. Dasari Venkteshwara Rao, S/o. D.Suhhaiah Aged about. 43 years. Occ. Not known. Rlo. Kuchipudi- Tenali, Guntur District. Andhra Pradesh and others ...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 highhanded and illegal action of the respondents particularly 5th respondent to Bth respondents in threatening to dispossess and interfering with the peaceful possession and enjoyment or the petitioner registered plot hearing No. 1065, admeasuring of 3005q.yards in Sy.No. I1l33, situated at Khanammet Village. SerilingampallyVandal. Rangareddy. district. though the petitioner filed a Suit. O S.No. 1301 of' 2025. which is pending on the file of the Hon'ble ll-AddJunior Civil Judge-cum-X- AddlJudicial Magistrate of First Class. Rangareddy, at Kukatpally. still official respondents are illegally and without there being any valid reasons and calling and threatening the petitioner, at the instigation and influence of the unofficial respondents. and same has been illegal. arbitrary. unjust. and unco n stitutaonal and such actions amount to a gross misuse of official powers for pecuniary advantage, and constitute an abuse of authority as public servants. These acts are in clear violation of the petitioner's fundamental and constitutional rights guaranteed under Articles 14. 19. 21 . and 300-4 of the Constitution of lndia, and consequently direr;t the respondents herein. particularly sth respondent to 8th respondents. not t: dispossess and not to interfere with the peaceful possession and enjoyment over the petitioner registered plot bearing No 1065. admeasuring of 300 Sq.yards in Sy.No.l 1/33. situated at Khanammet Ser;lingampally lVlandal, Rangareddy d istric t. lA NO: 1 OF 2025 Petition under Section '151 CPC praying that in the circumstances stated rn the affidavit filed n support of the petition, the High Court may be pleased to direct the Respondents particularly sth respondent to 8th respondents, not to dispossess and not to interfere with the peaceful possession and enjoyment of the petitioner regrstered plot hearing No. 1065. admeasuring of 300 Sq.yards rn Sy.No.11l33. situated at Khanammet Village. Serilingampally Mandal, Rangareddy di Nick without due process of law, in the anterest of justice. pending disposal of the who Writ Petition. Counsel for the Petitioner : SRI C.HARI PREETH Counsel forthe Respondents No.1to7:ASST. GP FOR HOME Counsbl for the Respondents No.8 : GP FOR REVENUE Counsel for the Respondents No.9&10 : -- The Court made the following: ORDER THE HONOUI(,\BLIT SI{T JUSTICE N.V.SHRAVAN KUMAR ORI)EI( WI{IT PETI'I'ION No.33094 of 2025 l{carcl le.rrnt:d counscl for the petitioner and le.rrned Assistant Covernmr.nt Plt;rdcr for Hornc appearing for respondent Nos.1 to 7. With their conscnt, this rt,rit pctition is bcing taken up for disposal at the admission stage itsclf.

2. l lris rvrit pctition has becr.r filccl sceking to cleclare the lrigl-rhanclcd and illegal action ol thL,rosponclcnts hercin particularly responclent Nos.5 to tJ in threatening to dispossess arncl interfere lvith the petiti()net"s peaceful possession anti cniovment over his registcred plot bearing No.1065, admeasuring 300 St1.r'artls in Sv.No.l1/33, situated at Khanammet Village, Scrilingampallv Mantlnl, Ranga Rcrlclr. riistrict, though the prr:titioner filcd a Suit i.c., O.S No.1lt)] of 2025, pending on the file of learnetl ll Adtlitional f unior Civil Juclllu-r'urn-X-At iLional .futlicial Magistrate of First Class, Ranga Redcl1, at Kukatpallr,, .rs illegally ar.rel w,ithout there being anv valid reasons and calling and thr calcnrng thc pctitioncr at the instigation and influence of the unofficial rt'sprrntlents rvhich is illcgal, arbitrarl,, unjust and u nconstitrr tional autl 1;ross r-rrisuso of official powcrs and abusc o[ authoritv as public sen,ants, '"r'hich are in violation of thc pctitioner's fundamental and constitutional rights guaranteed unrlcr Articles 74,79, 27 and 300-4 of the Constitution of lnelia rvith a consequential pra)/er seeking rlire'ction to the respontlents herein particularlr,, rcsprrntlent Nos.5 to 8 not to clisposscss ancl I III 2 not to interfere witll the petitioner's Peaceful Possessiol't and eniovnlent over thc subject proPerty.

3. Today rvhen the matter has been taken up for hearing, learncd Assistant Gor.ernment Pleader for Home appearing for respondent Nos.1 to 7, placed on rccord instructions issued by SubJnspector of Police, Madhapur Police Station, Cvberabad Commissionelate, whcrein it submitted that on

02.08.2025, respor-rclent No.9 lodged a complaint before respondent No.6 stating that in thc year 1982, she and respondent No.10 had iointly purchasecl thc Plot No.7il in Sy.No.11/33 of Khanamet Village, Kondapur CP, Ilajentlranagar Mar-rdal. Thereafter, a compoutrd wall and a small room wcre constructed in the subiect plot. On 02.08.2025, at around 03.30 hours, unknown persorls trespassed into the subject plot and placed two colltainers without any permission and when the respondent No.9 enquired those persons, thcv clainrccl that they have purchased lhc subiect plot, howcver, rcfusetl to shovv ownership documents. Hence, she lodged the complaint dated 02.08.2025 and requested to take action against those persons. On such conrplaint, FIR No.1460 of 2025 dated 02.08.2025 under Sections 329(3),324(4) rcad rvith 3(5) BNS was registered and during the course of invcstigation, it was revealecl that the petitioner is clirectly involved in the commission of offence, hcnce, notice dated 03.08.2025, under Section 35(3) of BNS was issued to the petitioner. It is further submitted that aftcr completion of investigation, detailed report will be filed before the competent Court.

4. I-carned Assistant Governmcnt Pleader for Home submits that except conductirlfl inlcstigatiorr in F-lR No.1460 of 2025 datecl 02.08.2025, the respondent authorltics neither interfcrcd with the petitioner's peaceful possessi.n nor tried t. dispossess tr're petitioner from the subject property. It is further submitted that petitioncr instcad of co-operating wrth the pending investigation in FIR No.1460 oi 202.- ttated 02.0g.2025, had filed this writ pctition

5. Rccording thc submissions macle bv learned counsel appearing on either side and without cxpressing any opinion on the merits of the case, this writ petition is disposed of directing respondcnt authorities to follow due procedure as contemplatet{ for further course of action. It is made clear that the petitioner shall co-operatc r.r.ith the in'estigation in FIR No.1460 of 2025 dated 02.08.2025.

6. With thc above clircction, this writ petition is disposed of Miscellaneous applications, if anv pcnding, shall stand closerl. No order as to costs. ,TRUE COPY// SD/.MOHD. ISMAIL PUTY REGISTRAR SECTION OFFICER I To, I Gachibowli. Hyderabad, Rangareddy District. TG. Lakidikapool, Saifabad Hyderabad. Telangana.

1. The Principal Secretary to Government, Home De[d rtrnent. Government of Telangana. State of Telangana. Dr.B.R.Ambedkar, Telangana Secretariat. Hyderabad-500022, Telangana- 2. The Director General of Police, Government of Telangana. Office al. 3. The Comrrissioner of Police, Cyberabad Police Commissionerate. 4. The Deputy Commissioner of Police., Madhapur lone, Cyberabad Police Commissionerate. Office at. 1st Floor, above Gachibowli PS. Hyderabad. TG. 5. The Assistant Commissioner of Police., Madhapur Division. Cyberabad Police Commissionerate. Office at. l\rladhapur Police Station Premises. Hyderabad. TG. 6 The lnspector of Police, tVladhapur Police Station, Cyberabad Police Commissionerate. Office at. Madhapur Police Station. C-tvletro Piller No. C- 1712, Hitech City_ Kavuri Hills-Guttala Begumpet. Madhaper. Hyderabad. Telanga na,500033. hF.t---:'"-- - I I

7. The Sub-lnspector of Police. Sector-lV, Madhapur, Police Station, Cyberabad Police Commissionerate, Office at. [\,4adhapur Police Station. C-Metro Pilter No. C-1712, Hitech City, Kavuri Hills-Guttala Begumpet, Madhapur. Hyderabad. Telangana-500033.

8. The District Collector, Rangareddy District, Office at. lntegrated District Office Complexes, Kongara Kalan Village, lbrahimpatnam. Rangareddy District. 501510. Telangana.

9. One CC to SRI C.HARI PREETH, Advocate. [OPUC] 1 0. Two CCs to GP FOR HOIVE, High Court for the State of Telangana. [OUT] 11.Two CD Copies. BSK BS \'y HIGH COURT DATED:31 11012025 I /l I I ORDER WP.No.33094 of 2025 i|.lE S f,q /6 oR ( t,lt 04 il[tt lltr (n t + nqrcr{c .l t DISPOSING OF THE WRIT PETITION WITHOUT COSTS @ + L'lbr