✦ High Court of India · 28 Nov 2025

The High Court · 2025

Case Details High Court of India · 28 Nov 2025
Court
High Court of India
Decided
28 Nov 2025
Length
1,226 words

Petition under Article 226 ot 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 wRlT 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, 1St Floor, situated at Lingampally, Hyderabad, at the instance of the responder:s Nos. 4 to 7 herein without registration of crime against the petitioner herein i";pite of the pendency of the Civil Suit berng U.S No. 3713 of 2025 between the retitioner and the 4th respondent herein is being illegal, arbitrary, unreasonable I nd violation of Article 14, and 21 of the Constitution of lndia and violation of prin; lles of natural justlce and consequently direct the respondents herein not to r,terfere into the civil disputes in respect of the petitioner house bearing frrlun : pal No. 3-4-708, .1 st Floor, situated at Lingampally, Hyderabad. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the ;rrcumstances stated in the affidavit filed in support of the petition, the High Ccr 1 may be pleased to direct the respondents herein not to interfere into the civil r isputes in respect of the petitioner house bearing Municipai No. 3-4-708. 'r t Floor. situated at Lingampally, Hyderabad pending disposal of the above wri retition. Counsel for the Petitioner: SRI KOPPULA GOPAL Counsel for the Respondents No 'l To 3: AGp FOR HOME Counsel for the Respondents No 4 To 7: *- 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.36184 of 2o25 DATED: 28.11.2025 Between Balaji Manohar . . . Petitioner AND The State of Telalgana, represented by its Principal Secretaqr, Home Department, Secretariat Buildings, Hyderabad and others. ...Respondents. ORDER: This writ petition is hled seeking the following prayer: ". . . declaring the action of the 3d respondent herein u.tho is frequently interfering into the peaceful possession and enjogment of the petitioner hnuse beaing Municipal No.347OB 2"a Floor sifiiated at LingampaLlg, Hgderabad at the instance of th.e respondents No.4 to 7 herein uitlnut registratiorl of crtme against the petitioner lrcrein inspite of the pendencg of the Civil Suit being O.5.No.3713 of 2025 betueen the petitioner and th.e 4th respondent herein as being illegat, arbitrary, unreasonable and uiolation of Articles 74 and 21 of the Corustitution of India and I 2 uiolation of principles of natural ju: r ce and consequentlg direct the respondents herz rr not to interfere into the ciuil disputes in resptt t of the petttioner house bearing Municipal No.3 , -7OB 1o Floor situated at Lingampallg Hgderabatl . . "

2. Heard learned counsel for the pr titioner ald learned Assistant Government Pleader for Hct re appearing on behalf of respondent Nos.l to 3. With their :onsent, this u,rit petition is taken up for disposal. Notice - , respondent Nos.4 to 7 is hereby dispensed with.

3. The facts of the case in brief as str.ed are that petitioner claims that he was inducted into firs: floor of the premises bearing Municipal No.3-4-708 at ,ing.rmpa11y, Hyderabad in the year 2O1l by one Mohd.Jilid,Ali Khan who is the absolute owner of the above prop(r ty by virtue of oral agreement for the monthly rent of Rs. |,000/- ald subsequent to the oral agreement, petititr. rer u,as in peacefui possession. It is submitted that in ttr, year 2013, the said Mohd.Jahid Ali Khan stated that he ras sold the property to Mohd.Aslam i.e., respondent No.,1 herein and petitioner was instructed to pay rents to said N ohd.Aslam. w 3 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 same, respondent No.4 tried to forcibly evict the petitioner with the help of respondent Nos.S to 7. In that regard, petitioner filed a civil suit in O.S.No.3713 of 2O2S on the file Junior Civil Judge, CibJ- Civil Court at Hyderabad along with application in I.A.No. 147 of 2025 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.2O2S, respondent No.3 called the petitioner to police station arrd warned the petitioner to vacate the premises within two (21 weeks and that on \

21.11.2025, respondent No.3 along rvith respondent Nos.4 to 7 approached the premises of the petitioner and threatened him with dire consequences. euestioning the same, the present writ petition is Iiled.

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 h.ave never lodged a complaint against the petitioner herein, as such, the question ) re sponde nt police interfering in the petitioner's possessio. L is baseless. lt is further submitted that respondent auth.'ities are not interfering in the civil dispute and appropr i te orders be passed to that effect.

5. In that view of the matter, this u r t petition 1S dispose d of ',vith a direction to respondent i uthorities to lollow due procedure AS contemplated unc t r of larr, for further course of action, if any. Miscellaneous petitions, pending, if anr sha1l stand closed. Ho'"l.ever. there shall be no order as to rosts. SI) .P. PONNA KRISHNA Si STANT REGISTRAR //TRUE COPY// T, SECTION OFFICER To, '1 . The Principal Secretary Home Department, State of.tr.r rngana, Secretariat Buildings , Hyderabad ' 2 The Commissioner of Polide, Hyderabad Commission<rr lte, Banjara Hills, Hyderabad District

3. The Station House Officer, Narayanaguda p.S. Naray: r aguda, Hyderabad. 4 One CC to SRI KOPPULA GOpAL Advocate [OpUC] 5. Two CCs to GP FOR HOME ,High Court for the State c ,Telangana Hyderabad. [OUT]

6. Two CD Copies DAN GJP W l ., l 1r I l I 1 I HIGH COURT DATED:2811112025 ORDER WP.No.36184 of 2025 ?025 I \--- DISPOSING OF THE WRIT PETITION WITHOUT COSTS \

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