✦ High Court of India · 10 Apr 2025

High Court · 2025

Case Details High Court of India · 10 Apr 2025
Court
High Court of India
Decided
10 Apr 2025
Bench
Not available
Length
1,090 words

The State of Telanqana, Rep by its Principal Secretary' Home Department Dr B. R Ambedkar Bhavan, Secretariat, Hyderabad' The Superintendent of Police, Karimnagar District, Rep by its Commissioner' The Station House officer, Dharmapuri Police Station, Jagityal District. lndaraou Shankar, S/o. Chinna Narahari, Aged-pa years' Occ Government +;;;fi# illi'ri it". ia-ii , a-hrin sire;t, onarhrapuriVillage and Mandal, JagitYal District. lndaraou Srinivas, S/o. Chinna Narahari, Aged 17 E'ii;:r6[""]',iltij i. N; rz_ grleiihm,n strSet, onarmapuriVillase and fUanOdt, JagitYal District. lndaraou Ramprasad, S/o. Chinna Narahari, AgS! 52 years' O-cc Private Effii;#J'H,d.'H i6. ir- gi, s|.ill.in street,-Dharmbpuri Village and tvtanOdt, JagitYal District years' Occ Government ...neSPOt'tOerufS Petition under Article 226 of the Constitution of lndia praying that in the circumstancesstatedintheaffidavitfiledtherewith,theHighCourtm.aybe w,it, order or direction more particutarty one in the nature of ;i;;;l;l;;r"-, Writ of Mandamus, dectaring the action of the Respondents No 2 and 3 in .t"rf"ii"g ;iiti tfrl- peacefut p-ossession and enjo_ymeni of the petitioner over their aoricultural lands admeasuring Ac 1- 00 gts in dy No 113Ol2' admeasuring Ac' iYfi;.",.lv-'rur"al+liiz,-admeasurin! ac.2- zt sts in Sy. No. 815/1/2 and "ar".'.rrrg-ii " o- zl gts in Sy. tto. t tast A/1 respectively, situated at Dharmapuri Village and lrrlandal, Karimnagar District, as illegirl, arbitrary, in violation of principle; of natural justice and also against the settlr:d principles of law and consequent y direct the respondents not to interfere witl- the petitioners over their agriculturarl lands admeasuring Ac 1- 00 gts in S7. No. 113012' admeastiring Ac. 1- 22 gts in Sy. No. 8141112, admeasuring Ac .l- 27 gts in Sy No. 815/ 112 and aclrneasuring Ac. 0- 23 gts in Sy. No '1 145/A /1 respectively, situated at Dharmapuri Village and Mandal, Karimnagar District, v ithout following due process of law lA NO: 1 OF 2024 Petition under riection 151 CPC praying that in the circumslances stated in the affidavit filed in srpport of the petition, the High Court may be p leased to direct the respondents not :o interfere with the petitioners over their a(.tricultural lands admeasuring Ac. 1- 0rl gts in Sy. No. 1130/2, admeasuring Ac- 1- 22 gts in Sy. No. 814t112, admeasurinl Ac.2-27 gts in Sy. No.815/ 1/2 and admea;uring Ac.0- 23 gts in Sy No 1145/ l\/1 respectively, situated at Dharmapuri Villa:;e and Mandal, karimnagar District, urithout following due process of law, pending disposal of the main writ petition Counsel for the Petitioners: SRl. K S SUNEEL Counsel for the Respondent Nos.'l to 3: GP FOR HOME Counsel for the Respondent Nos.4 to 6: SRI MADAS BHARAT CIIANDRA The Court made the following: ORDER IION'BLE SRIJUSTICE T. VINOD KUMAR WRIT PETITION No.35864 of 2024 ORDER: Heard leamed counsel for the petitioners, leamed Govemment Pleader for Home appearing on behalf of respondent Nos.l to 3 and Sri Madas Bharat Chandra, learned counsel for respondent Nos.4 to 6 appearing through online, and perused the record. With the consent of learned counsel appearing for the parlies, the Writ Petition is taken up for hearing and disposal at admission stage.

2. The case of the petitioners in brief is that respondent Nos.2 and 3 are interfering with peaceful possession and enjoyment of petitioners over their agricultural land in Sy.Nos.1l30l2, 8141112, 8l5l1l2 and ll45lAall situated at Dharmapuri village and Mandal, Karimnagar District, which is subject matter of civil suit, without any authority or sanction of law, which action it is contended as illegal, arbitrary and in violation of principles of natural justice.

3. Per contra, leamed Government Pleader for Home appearing on behalf of respondent Nos.1 to 3 would submit that there are two cases registered against petitioner No.2 vide Cr.No.l92/2024 arrd Cr.No.338/2024 and the 2nd petitioner is arrayed as Accused No.l \ 2 therein; and thzt respondent authorities except investigatin i into the aforesaid crime, are not involving themselves in the civi disputes between the pet tioners and unofficial respondents.

4. Learned cr,ttnsel appearing on behalf of respondent l'os.4 to 6 submits that the rand being claimed by the petitioners is subj rct matter of civil suits viCe O.S.Nos.82 of 2015 and 126 of 2016; tf at though petitioners had ,rbtained an order of injunction vide I.A.]Jo.357 of 2016 in O.S.Nr.126 of 2016, the said order has been vrcated on 20-1.2-2019; ar.r'I the petitioners suppressing the above said lact, have approached this Court byi the present Writ Petition claiming that the respondent authorities are interfering in the civil dispute at the best of unofficial respondents heretn.

5. I have taker.' note of respective contentions urged

6. The main lrrievance of the petitioners in the present Wr it Petition is with legard to interference by respondent Nos.2 ancl I in civil disputes and inLt:rfering with the peaceful possession and ,:njoyment of the above rnentioned land. The leamed Govemmer t Pleader appearing on 'rehalf of respondent Nos.2 and 3 havinl, made a statement to this Court that the respondent authoritiel are not 3 involving themselves in the civil dispute except investigating into Cr.No.l92l2024 and Cr.No.3 38 12024 registered against the petitioners herein, this Court is of the view that the respondent authorities are to be directed to conduct investigation into the aforesaid crimes and take fuilher action strictly in accordance with law.

7. Subject to above observation and direction, the Writ Petition is disposed of. No costs. 8 Consequently, miscellaneous petitions, if any pending shall stand closed. //TRUE COPY// SD/-A. SRINIVASA REDD\ -asstsrarur REGISJRAR / SECTIONgFFICER To, Secretariat, HYderabad' I The Principal Secretary, Home Department Dr- B' R Ambedkar Bhavan' 2. The Superintendent of Police, Karimnagar District, Rep' by its Commissioner, 3. The Station House Officer, Dharmapuri Police Station' Jagityal District' 4 One CC to SRI K S SUNEEL Advocate [OPUCI 5. One CC to SRI MADAS BHARAT CHANDRA AdvocateIOPUC] 6. Two CCsto GP FoR H;ME'High Courtforthe State ofTelangana [oUT] 7 KKS BS Two CD CoPies N- HIGH COURI' DATED:1010412025 ORDER WP.No.35864 ot 2024 -1-='::-::j= n.,1r\F, )1 I (i y', ? 2 nPn 2m (x( .\ Dp \+__ DISPOSING THE WRIT PETITION WITHOUT COSTS ,/r (xF il ( I i T

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