Rama Hari Prasad v. '1 . The S_late of Telangana

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 order or direction, more particularly in the nature of Writ of Mandamus declare the illegal interference of the respondent No.3 interference in civil matter for the petitioner Plot No. 163, admeasuring 300 Sq.yards in Sy.No.588, 589, 597, 606, 610 to 613 situated at Dammaiguda Village, H/o.Nagaram, Keesara Mandal, Medchal Malakajgiri District pending O.S. No. 97912025 on the file of Principal Junior Civil Judge-cum-Jud icial Magistrate of First Class, Medchal Malkajgiri District at Kushaiguda is illegal, arbitrary and without jurisdiction and consequent direction direct the respondent No.3 not to interfere/disturb the petitioner Plot No. 163, admeasuring 300 Sq.yards in 606, 610 to 613 situated at i ammaiguda Village, Mandal, Medchal Malakajgiri Disir ct without any due Sy No.588, 589, 597, H/o.Nagaram, Keesara process of law. lA NO: 1 oF 2025 Petition under section 151 cpc praying that in the cirr lmstances stated in the affidavit fired in support of the petition, the High court ma z be preased prease to direct the respondent No.3 not to interfere/d isturb the pet .ioner prot No. 163, admeasuring 300 Sq.yards in Sy.No.588,589, S97,606,61)to 613 situated at Dammaiguda Vi,age, H/o.Nagaram, Keesara Mandar, Medchz r Marakajgiri District without any due process of raw pending o.s. No. g7gr2o2s or the fire of principat Junior civir Judge-cum -Judiciar Magistrate of First crass, vedchar [\rrarkajgiri District at Kushaiguda, pending writ petition in the interest of ir-;tice Counsel for the petitioner : SRI cANDYAOAPU RAJESHAM Counsel for the Respondents No.1to3 : AGp FOR HOME Counsel for the Respondents No.4 : The Court made the following: ORDER -_ i l IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD HONOURABLE SRI IUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.39575 of 2025 DATE OF ORDER: 24.L2.2025 Between; Rama Hari Prasad AND ...petitioner The State of Telangana, Represented by its principal Secretary, I{orne Dcpartment, Secretariat, Hyderabad, Tclangana 6tate and 3 othcrs ORDER respondcnts This writ petition is filed seeking following praycr:_ "to issue nn order or tlirection, nrore pnrticularly in the nature of Writ of Mandamus declnre tfu illcgat inierference i1 tte ,espon,l"ri No.3 interlerence in ciail ntnttci for tfu pe tioner plot No. 163, adnennrring 300 Sq.ynrds in Sy.No.SSB, SBg, 5g7, 606, 610 to 673 ti:":r:d. lt Dannnnigudn Villnge, H/o.Nngnrnnr, Keesnn Mtrtulnl, It4edclul Mnkrknjgiri Distict penditrg O.S. No. 979p.025 on tlu f lc of !:,",r:po., ,lytlt:r Cioi! fudge-a.rnt-ltrtlicint Mngistmte of First Class, Medclal Malknjgiri District tt Ktrslnigttda ii iltegnt, irbitrary and r.oitlnut junsdiction and consequent cli-rection riirict the respindtnt No.3 not to interfere/disturb the petitioner plot No. 163, adrrtensttnttg 300 Sq.ynrds in Sy.No.SBS, SB9, Sgt, 606, 610 to 613 situnted nt Dnmnmigudn Villnge, H/o,Nagaram, Keesnru Mandal, Medclrul Mnlaknjgiri District tuitlnut nny due process of lmu.', 2 tsrief facts of the case are that thc petitioner craims to bc thc absolute owner of plot bearing No.163, admeasuring 300 square yards in Sy.Nos.Sgg, 589,597,606,670 to 613 situated at Dammaiguda Village, Keesara Manclal, Meclcha[-Malkajgiri District, havi^g purcrrascd thc samc unclcr r.cgistered sare 2 deecl bearing documcnt No.11898 of 2024 dated 19.12.:l( 24 f rorn its owner namely Penta Raj Kumar and Gandikota Nageshwar Il o. 'Ihe petitioner constructed temPorarv shed for protection of his l roPertv from the Lrespassers and also obtaincd electricity connection vido JS(l No.11501-1251, datecl 27.01.2025. Ir is further stated that responclent N.r 4 is clairning right over the said property under fictitious document bearirl No.10683 of 2024, dated 11_11.2024 rvithout being any proper link docunrt.t ts, r.vherein as per the rlocument of thc petitioncr and respondent No.4, the l,oun<laries and the extent of plot arc clifferent. The respondent No.4 filed suit vidc o.s.No.979 of 2025 on the filc of thc Principal Junior Civil Judge-cum-fLr, Licial Magistrate of First Class, Meclchal-Malkalgiri District, for perpetual injtr Lction in respcct of the saicl property, agaiust thc petitioner and othcls; atril i lc h-ial Court vide ordcr tlated 26.77.2025 in 1.A.No.1328 of 2025 in o.s.No.l'9 of 2025 grantcd ad-intcrim injunctiorr restraining the defendants therein fr rrn interfering into the suit schcclule ProPerty.

3. Sri R'Laxmikantlr Reddy, lcarned Assistant Gor,t l -rment Pleader for Home appearing for respondent Nos.1 to 3 submits that rt': pondeut No 4 filecl a complaint on 05.12.2025, and basing on the said complr nt, FIR No 1374 of 2025, dated 05.72.2025 has been registered by respondent No 3, wherein the petitioner is arrat'ec{ as accused No.1, and in the course oi :nquiry' the policc have visitcd thc subjtrct site. J

4. Learned counsel for the petiLioner submits that in spite of the orders of the trial Court, the respondents poiice are interfering into the said property. Learned counsel further submits that to the extent of investigation into the said crime, the petitioner will cooperate with the police.

5. [ {eard Mr. G.Rajesham, learned counsel for the pctitioner and learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 3 With their consent, this writ petition is being taken up for disposal today

6. Recording the submissions of thc iearned counsel for thc petitioner and lcarned Assistant Government Pleader for Home, since an FIR has been rcgistered basing on the complaint of respondent No.4, this writ pctitior-r is tlisposctl of clirecting the petitioner to cooperate with thc investigation Respondent No.3 is clirected to follow due process of law before initiating any action on the petitioner and shall not interfere into the civil disputes between the pctitioncr and respondent No.4

7. Miscellaneous applications, if any pending, shall stand closed. No order as to costs To, SD/-A .S.GOWRI SHANKA ISTANT REG //TRUE COPY// SECTION OFFICER

1. The Principal Secretary, Home Department, T.S., State, Hyderabad. c tariat, Telangana

2. The Assistant Commissioner of Police, Kushaiguda Division, Kukhaiguda' 3. The Station House Officer, Jawaharnagar Police Station, Balajinagar, tvledchal Malkajgiri District.

4. One CC to SRI GANDYADAPU RAJESHAM, Advocate lOPUCl 5. Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad. [OUT]

6. Two CD Copies. BSK HIGH COURT DATED:2411212025 CC TODAY 'il t k 3 'r [0 * ," rr/ .,(, ...7 :'/ -' r|J'( . , ,,.- ,. :':,.-- ORDER WP.No.39575 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 4