✦ High Court of India · 13 Oct 2025

The High Court · 2025

Case Details High Court of India · 13 Oct 2025
Court
High Court of India
Decided
13 Oct 2025
Bench
Not available
Length
1,101 words

2. The Deputy Commissioner of Police, Hyderabad. 3. The Assistant commissioner of Police., Hyderabad. 4. The Station House Officer, SRI LAXMINARAYANA Bahadurpura Police Station, Hyderabad.

5. MOHD.IBRAHIIT/, S/o AKBER ALAM AGE 62 YEARS, Occ: business, r/o H.No.1 1-2-185, Nampally Market, Hyderabad. ...RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an Order, direction or Writ more particularly one in nature of Writ of Mandamus declaring the action of the Respondent No.4 Polbe in interfering with the peace full possession and enjoyment of the petitioner and supporting the Respondent No.5 and trying to put in possession and not to interfere in civil dispute in premises plot bearing No.35 and 36 in survey No.295/e9 total admeasuring 1060.00 square yards or 886.16 sq.mtr situated at Hasnnagar attapur village GHMC RAJENDRANAGAR CIRCLE, RANGA REDDY DISTRICT and harassing the petitioner also in interfering with the personal life in connection with said civil d.ispute and finally without adopting the d L ) process of law as arbitrary illegally unlawful, unreasaonable, unjust withoul rny senction of law, unwarranted and violative of fundamental rights guaranteec under article 19 and 21 of the constitution of lndia. l.A. NO: 1OF 20 17 W.P.M.P. NO: 42986 0F 20'.171 ' Petition under section 151 CPC praying that in the < i cumstances stated in the affidavit filed in support of the petition, the High Corr t may be pleased to direct the Respondent No. 4 not to interfere with the pe I x)ful possession and enjoyment of the petitioner's premise plot No.35 & 36 in s lrvey No.295/e9 total admeasuring 1060.00 square yards or 886-16 sq.mtr :,i tated at Hasnnagar aftapur village GHMC RAJENDRANAGAR CIRCLE, RAN I A REDDY DISTRICT pending disposal of the above writ petition. Counsel for the Petitioner: SRI G.RAJESHWAR RAO Counsel for the Respondents No.1 to 4: SRI M.SRINIVAS \GP FOR HOME Counsel forthe Respondent No.S: SRI V. VENU MADHAV The Court made the following: ORDER .l t i i I I I I I i I I I ; ; I I I a\) ORDER: THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No. 34587 OF 2017 This Writ Petition is filed under Arlicle 226 of ttre Constitution of lndia seeking the following relief: "...fo issue an Order, direction or Writ more parliculatly one in nature of Wit of Mandamus declaing the action of the Respondent No. 4 Police in inteiering with the peaceful possesslon and enjoyment of the petitioner and suppofting the Respondent No. 5 and tying to put r,h possesslon and not to interfere in civil dispute in premises plot beaing Nos. 35 and 36 in Survey No. 295/e, tota! admeasuring 1060.00 square yards or 886.16 sq.mtr., situated at Hasnnagar, Aftapur Village, GHMC, RAJENDRANAGAR CIRCLE, RANGA REDDY DISTRICT and harassing the petitioner also in intefieing with the personal life in connection with said civil dispute and finally without adopting the due process of law, as ahitrary, illegally, unlavvful, unreasonable, unjust, without any section of law, unwaranted and violative of fundamental ights guaranteed under Afticles 19 and 21 of the Constitution of lndia and pass such other order or orders . .."

2. None appeared on behalf of the petitioner. 3. _Mr. M. Srinivas, learned Assistant Government Pleader for Home, appearing on behalf of respondent Nos. 1 to 4, submits that the respondents/Police authorities have never interfered with the peaceful possssion and enjoyment of the petition mentioned property and no way involved in the civil disputes of the petitioners. He further pleads that in Crime No. 206 of 2017, the petitioner's presence was secured for inquiry. However, the same was closed by filing final report before the Special Judicial Magistrate of First Class, Hyderabad, classifying the matter as civil in nature on 18.11.2018. Therefore, nothing remains in this petition for deliberation and prayed for dismissal I t I I I I I I l i i I I I j I i l 2

4. I have perused the material placed on record

5. The specific pleading of the petitioner is that r :spondent No. 4 is interfering with the peaceful possession and enjoymrr rl of the petitioner's property and interfering with the personal life and lil )rty However, the circumstances submitted by the respondents are indicating that the interaction of the petitioner was during crime procer) lings only. Having considered the apprehension and there was no reft rence as to crime proceedings in the petition, this Court deems it app i priate to direct the respondents/Police authorities to refrain from the disp,r es of the petitioner, which are of purely civil in nature and shall not interf,: e, with the peaceful possession and enjoyment of the petition mentioned la r l:;, save and except in strict accordance with the law by following due pro,;, rdure. Accordingly, ordered. 6 With the above direction, this Writ petition sta r l:; disposed of. No order as to costs. Pending miscellaneous applications, if any, shall r;t tnd closed t sD/- s I TALLIKARJUNA RAO ---J As { rsrANr REGTSTRAR I //TRUE COPY// SECTION OFFICER To,

1. The Principal Secretary, l-ficme Departmgnt of Telang r ra State at Secretariat, Hyderabad

2. The Deputy Commissioner of Police, Hyderabad. 3. The Assistant commissioner of Police, Hyderabad. 4. The Station House Officer, SRI LAXMINARAYANA, Ba radurpura Police Station, Hyderabad. ! 1 l i I l ! ; I t I I I I i i I I I I I I I 1 I I

5. One CC to SRt G RAJESHWAR RAO, Advocate [OpUC] 6. One CC to SRI V.VENUMADHAV, Advocate tOpUCl 7. Two CCs to GP FOR HOME , High Court for the State of Telangana at Hyderabad. [OUT] I B. Two CD Copies PMK TKS + T i I I t i I i 1 I I , HIGH COURT DATED:1311012025 I I ORDER WP.No.34587 of 2017 I Y rtES 7' [[i lurr z 'qs ) llTrcrr€! t} :l DISPOSING OF THE WRIT PETITION WITHOUT COSTS ( \ >e oZ\

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