l\Id. Shabbir Hussain v. The State of Telangana

Petition under Article 226 of the Constitution of lndia praying that in the circumstances staled in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus, or any other appropriate writ, order declaring the actron of the respondents more particularly the Respondent No. 2 to 4 are trying to dispossess the petitioner from his land admeasuring 500 Sq. yards i.e., Plot No.67 in Sy. No. 208, situated at Kollur Village, Sanga Reddy Taluq, Medak District, without notice and opportunity, without following due procedure of law as is illegal, contrary to law, in violation of natural justice and in violation of articles 14,21 and 300-4 of the Constitution of lndia and consequently direct. the Respondent No. 2 to 4 not to dispossess the petitioner without following due process of law from the petitioners land admeasuring 500 Sq. yards i.e., Plot No. 67 in Sy. No. 208, situated at Kollur Taluq, IMedak District Telangana State, in the interest of just ce. yillage, Sanga Reddy lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the ircumstances stated inthe affidavit filed in support of the petition, the High Co -r t may be pleased to direct the Respondent No. 2 to 4 not to dispossess I e petitioner without following due process of law, from his land admeasuring 5C ) Sq. yards i.e., Plot No. 67 in Sy. No. 208, situated at Kollur Village, Sanga lleddy Taluq, Medak District Telangana State, without following process of law, pending disposal of the writ petition. Counsel for the Petitioner: SRI NASEEM ARA Counsel for the Respondents No 1 & 2: SRI R. LAXMIKAN t { REDDY AGP FOR HOME Counsel for the Respondents No 3 & 4 : SRI D.KIREET The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.37196 OF 2025 DATED: 04-12.2025 Between: Sri Md. Shabbir Hussain AND The State of Telangana, Rep., by its Principal Secretary, Home Department and 3 others ORDER: Petitioner Respondents This Writ Petition is filed under Article 226 of Constitution of lndia seeking the following relief/s:- ".,.to issue a Writ of Mandamus, or any other appropriate writ, order declaring the action of the respondents more particularly the Respondent Nos- 2 to 4 are trying to dispossess the petitioner from his land admeasuring 500 Sq. yards i.e., Plot No.67 in Sy. No. 208, situated at Kollur Village, Sanga Reddy Taluq' Medak District, without notice and opportunity, without following due procedure of law as is illegal, contrary to law, in violation of natural justice and in violation of Articles 14, 21 and 3OO-A of the Constitution of lndia and consequently direct. the Respondent Nos- 2 to 4 not to dispossess the petitioner without following due process of law from the petitioners land admeasuring / \+:+r1 .: - 2 500 Sq. yards i.e., Plot No. 67 in Sy.No.208, sitL rted at Kollur Village, Sanga Reddy Taluq, Medak )istrict Telangana State, in the interest of justice and p:r s... "

2. Heard [Vlrs.Naseem Ara, learned counsel app€ aring for the petitioner; Mr.R.Laxmikanth Reddy, learnerl Assistant Government Pleader for Home appearing for respc ldent Nos.1 and 2 and Mr.D.Kireet, learned counsel, appearing f:-respondent Nos. 3 and 4

3. Learned counsel for the petitioner submits that respondents Nos. 2 to 4 are attempting to dispossess the petitic rer from his land without following due process of. law. Hence, the present petition has been filed seeking appropriate directions

4. Learned Assistant Government Pleader for Ho r e, on written instructions, submits that Crime No. 596 of 2O',2 i has been registered against the petitioner, and except for the purposes of investigation, there has been no reason to contr rct with the petitioner. lt is therefore contended that the petition,: 's allegation that respondent No. 2 is interfering with his possess ion over the land mentioned in the petition is without any basis and in the absence of any acceptable material to substantiate :l e same, the petition is liable to be dismissed. 3

5. Learned counsel appearing for respondents Nos' 3 and 4 submits that the land referred to in the petition is agricultural land and not a plot, and that the petitioner has been in possession thereof since 2017, with all relevant revenue records standing in his name. However, it is further contended that the allegation of interference by respondents Nos. 3 and 4 is baseless, as they are inpossessionofthesaidproperty.ltisfurthersubmittedthatthe otherallegationsmadeinthepetitionarewithoutanyfoundation. Hence, dismissal of the petition has been sought'

6. I have perused the material available on record'

7. The petitioner contends that respondent No' 2/Station House Officer, Kollur Police Station, Cyberabad, along with the unofficial respondents, is attempting to dispossess him from his land.

8. The explanation offered by the learned Assistant GovernmentPleaderforHomeindicatesthattherespondent police authorities have had no occasion to interfere with the land referredtointhepetition.However,consideringthepetitioner's apprehension and the limitations of the powers vested in the police authorities, it is hereby directed that respondent No 2 shall rr-- \ \l\t 'f-'. q 4 refrain from interfering with the petitioner's possess;i ln over the land in question, except in strict accordance with laur and only by following due Process.

9. With the aforesaid direction, this Writ Petition is disposed of There shall be no order as to costs. lVliscellaneous Petitions, pending if any, shall srz nd closed' //TRUE COPY// \ SD/.A. PRATHIMA )l :PUTY REGISTRAR t SECTION OFFICER To, 1 The Principal Secretary' Home Department' State 5/tel ingana' Secretariat' Buildings, HYderabad. :

2. The Station House Officer, P.S. Kollur, Cyberabad, Sarl a Reddy District- 3. One CC to SRI NASEEIM ARA, Advocate [OPUC] 4. Two CCs to GP FOR HOME ,High Court for the State '> Telangana at Hyderabad. [OUT]

5. Two CD CoPies DAN GJP .r!- HIGH COURT DATED:0411212025 ) tt, ORDER WP.No.37196 of 2025 0 I t::C a) il DISPOSING OF THE WRIT PETITION WITHOUT COSTS o'b ..,1'