[Mohammed Fareed v. The State of

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 3rd respondent herein who is frequently interfering into the peaceful possession and enjoyment of the petitioner house bearing Municipal No. 3-4-708, 2nd Floor, situated at Lingampallyr Hyderabad, at the instance of the respondents Nos. 4 to 7 herein without registration of crime against the petitioner herein inspite of the pendency of the Civil Suit being 0.S No. 3712 of 2025 between the petitioner and the 4th respondent herein is being illegal, arbitrary, unreasonable and violation of Article 14, and 21 of the Constitution of lndia and violation of principles of naturaljustice and consequently direct the respondents herein not to interfere into the civil disputes in respect of the petitioner house bearing Municipal No. 3-4-70g, 2nd Floor, situated at Lingampally, Hyderabad. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents herein not to interfere into the civil disputes in respect of the petitioner house bearing Municipal No. 3-4-708, 2nd Floor, situated at Lingampally, Hyderabad pending disposal of the above writ petition. Counsel for the Petitioner: SRI KOppULA GOPAL Counsel for the Respondents No 1 To 3: AGp FOR HOME Counsel for the Respondents No 4 To T : -- The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.36179 of 2O25 DATED: 28.L1.2025 Between Mohd.Fareed Petitioner AND The State of Telangana, represented by its Principal Secretary, Home Department, Secretariat Buildings, Hyderabad and others. ...Respondents. OTiTETSTiE This writ petition is filed seeking the following prayer: "...declaring the q.ction of the 3d respondent ?rcrein who is frequentlg interfeing into tlrc peaceful possessforu and enjogment of the petitioner house beaing Municipal No.34708 2"d Floor sihtated at Lingampallg, Hgderabad at the instance of the respondents No.4 to 7 herein utithout registration of crime against the petitioner lrcrein inspite of tlrc pend.encg of the Ciuit Suit being O.S./Vo.3 712 of 2025 between the petitioner and the 4th respondent h.erein as being illegal, arbitrary, unreasonable qnd uiolation of Artictes 14 qnd 21 of the Constttution of India and 7 uiolation of principles of ruahtrq.l justice and consequently direct the respondents herein not to interfere into the ciuil disputes in respect of the petitioner house bearing Municipal No.347OB 2"a Floor situated at Lingampallg Hgderabad..."

2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing on behalf of respondent Nos.1 to 3. With their consent, this writ petition is taken up for disposal. Notice to respondent Nos.4 to 7 is hereby dispensed with

3. The facts of the case in brief as stated are that petitioner claims that he was inducted into second floor of the premises bearing Municipal No.3-4-7OB at Lingampally, Hyderabad in the year 2OLL by one Mohd.Jahid Ali Khan who is the absolute owner of the above property by virtue of oral agreement for the monthly rent of Rs.4,OO0/- and subsequent to the oral agreement, petitioner was in peaceful possession. It is submitted that in the year 2OL3, the said Mohd.Jahid Ali Khan stated that he has sold the property to Mohd.Aslam i.e., respondent No.4 herein and petitioner was instrrrcted to pay rents to said Mohd.Aslam. J It is submitted that when respondent No.4 increased rents, petitioner expressed his inability to pay such high rent, further respondent No.4 also demanded for refundable advance amount of Rs.30,ooo/-. when petitioner refused the s€une, respondent No.4 tried to forcibly evict the petitioner with the help of respondent Nos.S to T. In that regard, petitioner filed a civil suit in o.s.No.3712 of 2o2s on the file Junior Civil Judge, City Civil Court at Hyderabad along with application in I.A.No.147 of 2O2S seeking grant of perpetual injunction. The trial court issued notices in I.A.No.147 of 2025. It is further submitted that on 05. LL.2025, respondent No.3 called the petitioner to police station and warned the petitioner to vacate the premises within two (21 weeks and that on 2I.11.2025, respondent No.3 along with respondent Nos.4 to 7 approached the premises of the petitioner and threatened 'him with dire consequences. euestioning the sarne, the present writ petition is filed.

4. Learned Assistant Government Pleader for Home has placed a copy of instructions issued. by Sub-Inspector of Police, Narayanguda and would submit that respondent \ \ 4 Nos.4 to 7 have never lodged a complaint against the petitioner herein, as such, the question of respondent police interfering in the petitioner's possession is baseless. It is further submitted that respondent authorities are not interfering in the civil dispute and appropriate orders be passed to that effect.

5. In that view of the matter, this writ petition is disposed of with a direction to respondent authorities to follow due procedure as contemplated under of law for further course of action, if any. Miscellaneous petitions, pending, if any, shall stand closed. However, there shall be no order as to costs. SD/.P. PONNA KRISHNA REGIS //TRUE COPY// To, 1 The Principal Secretary, Home Department, State of Buildings, Hyderabad. ECTION OFFICER Secretariat

2. The Commissioner of Police, Hyderabad Commissionerate, Banjara Hills, Hyderabad District.

3. The station House officer, Narayanaguda p.s., Narayanaguda, Hyderabad 4. One CC to SRI KOPPULA GOPAL Advocate tOpUCl 5. Two ccs to GP FoR HOME ,High court forthe state of relangana. [oUT] 6. Two CD Copies tW DAN GJP HIGH COURT DATED:2811112025 / a ORDER WP.No.36179 of 2025 T .-..' s\ 4 ct: O iJ- &oltt * * I DISPOSING OF THE WRIT PETITION WITHOUT COSTS q { tG