The High Court · 2025

Counsel for the Respondent Nos. 1to7: SRI M. SRll'lVlAS \GP FOR HOME Counsel for the Respondent Nos. 8to10: SRI MUNTHAGp.I :l HANUI\IANII A RAO The Court made the following: ORDER THE HONOURABLE SRIJUSTICE N. TUKARAMJI WRIT PETITION No.40495 ot 2O17 ORDER: This Writ Petition is filed with the following relief: ". . .lo issue a writ, order or direction, more padicularly one in the nature of Writ of Mandamus declaring the action of the 6th respondent as arbitrary, illegal and unconstitutional and consequently direct the official respondents more parlicularly respondent No. 6 not to interfere with the position of the petitioners over the land admeasuring Ac.3. 15 Gls ln Sy. No, 316, 317, 373, 374 of Anmangal, Hayattinagar village, Abdullapurmet Mandal, Ranga reddy Distict. ..."

2. None for the petitioners

3. Heard Mr.M.Srinivas, learned Assistant Government Pleader for Home appearing for respondents No.1 to 7

4. Learned Assistant Government Pleader for Home submits that the respondents/police authorities, and in particular respondent No.6, have never interfered with the possession of the petitioner over the land described in the writ petition. lt is contended that the averments made in the petition are vague, unsupported by specific particulars, and devoid of any legally admissible evidence. He further submits that the only interaction between the police authorities and the petitioners was in connection with the investigation of Crime Nos.799 of 2017 and 825 of 2Q17, and that subsequent to the said investigations, the respondents/police had 2 nooccasionorreasontointerferewiththepetitionerspossesslonor enjoyment of the land in question'

5. I have perused the material placed on record

6. The petitioners' grievance is that the re; londents/police authoritieshavebeeninterferingwiththeirpossessionoverthe property mentioned in the writ petition. However, Stir h an allegation, evenifacceptedatfacevalue,relatestoadisptl-.ofpurelycivil nature, involving questions of ownership and poss: ;sion' which fall within the jurisdiction of the civil courts' T.ltisawell-settledprincipleoflawthatpolice'authoritieshave noroletoplayindisputesofacivilcharactersuchasissues concerningpropertyownership,possession,orbtltndarydisputes' unless the matter involves commission of a cogrri lable offence or maintenance of public order. The Hon'ble Supre re Court in M' Subramaniam v. S- Janaki' (2O2O) 16 SCC 718, and Kishore Samritev.sfafeoftJ'P.'(2013)2SCC3gs,hasrliteratedthatthe police cannot assume the role of civil adjudicanl s or interfere in private property disputes under the guise o1 investigation or preventive action. ! .,

8. Accordingly, the respondents/police authorities are directed to refrain from interfering with the possession or enjoyment of the petitioners over the property mentioned in the petition and from tn disputes of a purely civil nature between the intervening petitioners and private individuals

9. lt is, however, clarified that any laMul action taken by the respondents/police in strict accordance with law and due process, shall stand saved and unaffected by this order

10. With the above direction and clarification, this Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous Petitions, pending if any, shall stand closed. //TRUE COPY// SD/. A. JAYASREE ASSISTANT REGISTRAR .1 SECTION OFFICER To, '1 . The Principal Secretary Home Department, T.S 2. Commissioner of Police, District Rachakorida 3. Additional commissioner Police, Rachakonda 4. Deputy Commissioner of Police, Rachakcnda 5. Assistant Commissioner of Police, Vanasthaiipuram. 6. Circle lnspector of Police , P.S. Hayathnagar. 7. Sub -lnspector of Police, P.S.Hayathnagar 8. One CC to SRl, AVINASH KARNAKOTI, Advocate [OPUC] 9. One CC to SRl. MUNTHAGARI HANUI',4ANTHA RAO, Advocate [OPUC] 10. Two CCs to GP FOR HOII/E ,High Court for the State of Telangana at Hyderabad [OUT] 1 1 . Two CD Copies BIV GJP ST HIGH COURT DATED:1311012025 ORDER WP.No.40495 of 2017 I T4strH ..//,ioi ,is.' ;r.3 i .? * {': -'{TC r\') DISPOSING OF THE WRIT PETITION YVITHOUT COSTS \q 9Y o\.L4