M/S S v. INDIRA
Case Details
Acts & Sections
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 lssue a writ, order or direction, more in the nature of Mandamus or otherwise, declaring the action of the respondent No. 3 interfering with the peaceful possession and enjoyment of the church property of the petitioner in Sy.No.23 admeasuring 0.60 cents in Kistampet Village, Tandur Mandal, Adilabad District without following the due process of law, as being arbitrary, illegal, discriminatory violating Articles 14 and 21 of the Constitution of lndia, and issue consequential directions, directing the respondents No.1 and 2 to give protection to the life and property of the petitioner in Sy.No. 23 admeasuring 0.60 cents in Kistampet Village, Tandur lvlandal, Adilabad District, from the anti social elements '*&-r., / as per the representations 09.09.2012, 10.11.2012 and L11.2012 made by petitioner. l.A. NO: 'l OF 2016(WPMP. NO: '135 33 0F 2016) Petition under Section 151 CPC praying that in the cirr Jmslances stated in the affidavrt frled in suppod of the petition. the High Court rr t'/ be pleased direct the respondents No.1 and 2 to give protection to life and prcJ erty of ther petitioner including members of the church in Sy. No. 23 admear; ring 0.60 cents in Kistampet Village, Tandur lvlandal, Adilabad District, from th: zrnti social elements as requested in representations 09.09.20'12 , 10.11.2012 anri 21 .1 1 .2012 made by petitioner, pending disposal of the writ petition. l.A. NO: 2 OF 2016(WPMP. N O:13534 OF 2016) Petition under Section 151 CPC praying that in the ci. umstances stated in the affidavit filed in support of the petition, the High Court rr ry be pleased direct the respondent No.3 not to interfere with the peaceful poss: jrsion and enjoyment of the property of the petitioner Sy.No. 23 admeasuring 0. i ) cents in Kistampet Village, Tandur Mandal, Adilabad District, without following t I r due process of law, pending disposal of the writ petition. Counsell for the Petitioner: M/S S. V. INDIRA(NONE APPE 6 tED) Counsel for the Respondent Nos.1, 2 and 5: SRI R. LAXMIt ANTH REDDy, AGP FOR HOl\ E Counsel for the Respondent Nos.3 and 4: Gp FOR REVEI t: The Court made the following: ORDER jEmryFF:' THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETI TION No.1075 3 0F 2016 o RDER: This writ Petition is filed under Arlicle 226 0f constitution of lndia seeking the following relief: ",..1o lssue a Writ or order or direction more pafticularly one in the nature of Writ of mandamus declaring the action of the respondents No 3 inteiering with the peaceful possesslon and enjoyment of the church propetly of the petitioner in Sy'No 23 admeasuring 0'60 cents in 'Kistampet Village, Tandur Atlandal, Adilabad District without following the due process of law as being arbitrary illegal discriminalory violating Articte 1q and 21 of the Constitution of tndia and issue consequential directions directing the respondents No 1 and 2 to give protection to the tife and propefty of the petitioner in Sy No 23 admeasuring 0 60 cents in Kistampet Vilta,ge, Tandur llandal, Adilabad District from the anti social elements as per the representations 0g 09'2012' 10112012 and 21.11.2012 made by petitioner and pass ""'
2. None appeared for the petitioner'
3. Heard Mr.R.Laxmikanth Reddy, learned Assistant Government Pleader for Home appearing for respondents'
4. Learned Assistant Government Pleader submits that respondent No.3 has never interfered with the possession of the petitioner's property. He contends that the allegations made in the petition are devoid of material particulars and unsupported by any evidence to substantiate the claim. Accordingly' it is submitted that the petition is , t 2 without merit and, in the absence of any credible mater tl, is liable to be dismissed.
5. I have perused the material available on record
6. The contention of the petitioner is that responde- No. 3 has been interfering with the peaceful possession of the ( hurch property. However, it is evident that the dispute, in essr,r ce, pertains to possession of immovable property and is therefore tf a purely civil nature. Having regard to this aspect, and considering he limitations on the authority of respondent No. 3 in matters relating to r vil possession, it is directed that respondent No. 3 shall refrain from ir erfering with the petitioner's possession and enjoyment of the proper.\ , except in strict accordance with law and subject to due process.
7. With this direction, this Writ Petition is disposed r f There shall be no order as to costs. Miscellaneous Petitions, pending if any, shall stirr d closed ,TRUE COPYII SI TANTREGISTRAR SI S )/. B. REKHA RANI \ SEcTIoN oFFIcER \ To, ,| The Station House Officer, Tandur p,S. Tandur Mandal, I Cilabad District Telangana State
2. The Superintendent of police, Adilabad District Telangzrr i 3. The Mandal Revenue Officer, Tandoor tMandal, Adilabac lltate )istrict jiiffi
4.TheDistrictCollector,AdilabadDistrict,Adilabad,TelanganaState 5. The Principal Secretary, Home Department, Telangana Secretariat' Hyderabad \
6. One CC to M/s. S V. lndira, Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court for the State of Telangana' at Hyderabad [OUT] B. Two CC to The GP for Home, High Court for the State of Telangana' at Hyderabad[OUT] 9. Two CD CoPies TJ 'r'J
6.M !* t t \ I I HIGH COURT DATED:0910912025 ORDER WP.No.10753 of 2016 'lltl AIF 2 0 r[] 2026 \i C)L * * P^t:t DISPOSING OF THE WRIT PETITION WITHOUT COSTS O,AP ar\