Smt.Shaheen Begum v. The State of Telangana

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 a writ or order more particularly one in the nature of writ of mandamus declaring the action of the respondents 5 and 6 in interfering with the civil disputes and also day to day business of the petrtioner and obstructing the constructional activity of the petitioner in respect of the petitioner property i.e., Plot No.89 and 90 in Survey No.'1 24lLU of Gopanpally village, Serilingampally mandal, Rangareddy District admeasuring 600 sq.yards as illegal, arbitrary, unjust and also against the Article 300 A of Constitution of lndia and consequential directions to the respondents 2 to 4 to give instructions and directions to the respondents 5 and 6 not to interfere with the civil disputes and also day to day business of the petitioner and obstructing the constructional activity of the petitioner in respect of the petitioner property i.e., Plot No.89 and 90 in Survey N,:.1241LU of Gopanpally village, Serilingampally mandal, Rangareddy District admeasuring 600 sq.yards. l.A. NO: 1 OF 2016(WPMP. NO: 1089 OF 2016) Petition under Section 151 CPC praying that in the :ircunrstances stated ln the affidavit filed irr support of the petltion, the High Court nr:ry be pleased to direct the respondents 2 tc 4 to give instructions and directions tc the respondents 5 and 6 not to interfere ,,vith the civil d isputes and also day tc day business of the petitioner and obstructing the constructional activity of tho petitioner in repect of the petitioner property i.e., Plot No.89 & 90 in Survey Nc.124lLU of Gopanpally village, Serrlinganrpally mandal, Rangareddy District adrreasunng 600 sq.yards pending disposal of the above writ petrtion. Counsel for the Petitioner: SRI MOHAMMED ASLAM(NONE APPEARED) Counsel for the Respondents: SRI R. LAXMIKANTH REDDY, AGP FOR HOME The Court made the following: ORDER . -ffir t''d7 '/ I THE HONOURABLE SRI JUSTICE N.TUKARAMJI $7RIT PETITION No.903 OF 2016 ORDER: This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief/s:- "... to issue a writ or order more panicular[y one in the nature of writ of mandamus declaring the action of the respondents 5 and 6 in inter{ering with the civil disputes and also day to day business of the petirioner and obstructing the constructional activiry of the petitioner in repect of the pedtioner property i.e., Plot No.89 and 90 in Survey No.124lLU of Gopanpally village, Serilingampalf' mandal, Rangareddy District admexuring 6GJ sq.)ards as illegal, artritrary unjr.rst and also agairst the Anicle 100 A of Constirurion of India and coruequential directions to the respondent Nos.2 to 4 to give instructions and directions to the respondens 5 and 6 not to interfere with the civil disputes and also day to day business of the petitioner and obstructing the constructional activiry of the petitioner in respect of the pedtioner properry i.e., Plot No.89 and 90 in Survey No.124lLU of Gopanpally village, Serilingampally mandal, &mgareddy District admexuring 600 sq.prds and to pass such other order or orders."

2. None appeared on behalf of the petitioner.

3. I have heard Mr.Rlaxmikanth Reddy, leamed fusistant Govemment Pleader for Home appearing on behalJ of respondent Nos.1 to 6.

4. The Learned Assistant Govemment Pleader for Home, apPeanng on behalf of the respondenm, submifted that tkte''' 2 Y_-_]ffi respondents have never interfered in the br.rsines; activities or civil disputes of the petitioner. It was further contendeci that, at the relevant tirne. one G. Balreddy lodged a police L:omplaint alleging that on A9.01.2C16, the petitioner had unlas.{ullytrespmsed into his plots, demolished the compound wall using a JCB machine, and anempted to grab the iand. Based on this complaLnt, Gime No. 11 of ZOt6 was regisrered under Sections 447 and 427 o{ the Indian Penal Code. In this context, it was argued that the petitioner's allegation that respondent No. 5 had interfered ur civil disputes, is wholiybaseless, frivolous, and devoid of merit.

5. I have perused the mater-ials on record.

6. This C-ourt, by order dated 07.01.20L6, upon considering the submissiors of the petitioner, obsewed that both the Sale Deed and the Encurnbrance C-ertificate perraining to the subject propeffy duly reflected the petitioner's title and ownership. Consequently, the respondents were directed not to inte,rfere with any constnrctlon actlvlry ln the said plots, except where such .. -:4?.*d7 -;' ^'- ./ 3 inter{erence was waffanted, and even then, only in stnct conformity with the procedure prescribed bylaw. 7 In jLxtaposition of the relief sought in the writ petition and the interim order already granted by this C-ourt, it appears that the grievance of the petitioner has effectively been addressed. In view of this position, and considering the lapse of dme, the writ petition disposed of while reserving liberty to the Petitioner to seek rS appropriate remedies if any cause of action continues to subsist. There shall be no order as to costs. Miscellaneous Petitions, pending if any, shall stand closed. //TRUE COPY// SD/. C.DEEPIKA ASSISTANT REGISTRARa SECTION OFFICER To, JT T of Telangana, Hyderabad. '1 . The Principal Secretary to Home Department, Secretariat Buildings, The State 2. The Commissioner of Cyberabad, Rangareddy District at Gachibowli. 3. The Deputy Commrssioner of Police, lvladhapur, Rangareddy District. 4. The Assistant Commissioner of Police, Madhapur, Rangareddy District. 5. The Station House Officer, Gachibowli Police Station at Gachibowli, Rangareddy District. Gachibowli, Rangareddy District.

6. The Sub-lnspector of Po ce, Gopanpally Sector, Gachibowli Police Station, 7. One CC to Sri lv]ohammed Aslam, Advocate [OPUC] 8, Two CCs to GP for Home, High Court for the State of Telangana, at Hyderabad [OUT]

9. Two CD Copies o HIGH COURT DATED:1110812025 ORDER WP.No.903 of 2016 -:--\ ,,.)o-- e 1tl: o C) 013 TE mfr $ ( I * c,C'.r,. DISPOSING OF THE WRIT PETITION WITHOUT COSTS p e4 o