Telangana High Court
WP/40506/2016 of N.Devaiah, Vs The State of Telangana rep by the Principal Secretary, on 29 December 2016
SRI JUSTICE RAJA ELANGO WRIT PETITION No.40506 OF 2016 ORDER: The writ petition is filed by the petitioner seeking a writ of mandamus declaring the action of the third respondent in interfering with the petitioner’s property bearing plot Nos.113 and 114 admeasuring 200 square
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Arguments
ORDER:
The writ petition is filed by the petitioner seeking a writ of mandamus declaring the action of the third respondent in interfering with the petitioner’s property bearing plot Nos.113 and 114 admeasuring 200 square yards each plot in total 400 square yards situated at Survey Nos.44 and 45, Inamguda Village, Abdullapur Revenue Mandal, Lashkarguda Grampanchayat, Ranga Reddy District, formerly under Hayathnagar Revenue Mandal, pending civil proceedings in O.S.No.20 of 2016 filed by the fourth respondent and other against my vendors as illegal, arbitrary and consequently direct the third respondent not to interfere with the petitioner’s right and liberty with the petitioner’s property.
Heard and perused the material.
Learned counsel for the petitioner submits that the third respondent is interfering with the petitioner’s property bearing plot Nos.113 and 114 situated at Inamguda Village, Abdullapur Revenue Mandal, Ranga Reddy District, at the instance of the fourth respondent and others. Hence, he prays this Court to direct the third respondent not to interfere with the petitioner’s property.
Learned Assistant Government Pleader for Home (Telangana) submits that the fourth respondent filed a complaint stating that he is the rightful owner of the property mentioned above and that some persons are making constructions in his plots and as such, the third respondent registered a case being crime No.993 of 2016 under Sections 447, 427 and 506 IPC. He further submits that the third respondent is not interfering with the petitioner’s property.
Considering the rival submissions of the learned counsel for the petitioner and the Assistant Government Pleader for Home (Telangana), and also considering the facts and circumstances of the case, the third respondent is directed not to interfere with the petitioner’s property mentioned above and the third respondent is directed to proceed in accordance with law.
The writ petition is accordingly disposed of. Consequently, miscellaneous petitions, if any shall also stand disposed of.
29.12.2016 pln
_____________________ JUSTICE RAJA ELANGO