Telangana High Court
WP/35020/2023 of K. Sai Satya Setu Mohan, Vs The State of Telangana on 29 December 2023
Setu Mohan, S/o. K. Chandra Sekhar, aged.26years, Occ, Pvt Employee, R/o. Flat No.83, APIIC Colony, Kapra, lt/ledchal- Malkajgiri District. I 3296 I HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENry NINTH DAY OF DECEMBER TWO THOUSAND AND
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD(Special Original Jurisdiction)
FRIDAY, THE TWENry NINTH DAY OF DECEMBERTWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION NO: 35020 OF 2023
Between:
K. Sai Satya Setu Mohan, S/o. K. Chandra Sekhar, aged.26years, Occ, [Pvt]Employee, R/o. Flat No.83, APIIC Colony, Kapra, lt/ledchal- Malkajgiri District.
...PETITIONER
AND
1The State of Telangana, Rep. by Principal Secretary, Home Department,Secretariat, Hyderabad, Telangana.Secretariat, Hyderabad, Telangana.
The Commissioner of Police, Rachakonda Commissionerate
2
3. The Station House Officer, Keesara Police [Station, ][Medchal-]M*ajgiriDistrictDistrict
4. K. Chandra Reddy, S/o. Not Known Age. Major, Occ.business [Medchal-]Malkajgiri District.Malkajgiri District.
5. Vimala Devi, Wo. Not Known Occ. [Housewife, ][R/o. Plot No ][3 ][and ][4 ][(Part)]Sridevi Nagar, Rampally Nagaram Municipality.Sridevi Nagar, Rampally Nagaram Municipality.
...RESPONDENTS
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, Order or direction more [particularly ]one in the nature [of]Writ of MANDAMUS declaring the action of [the ][Respondents ][in ][interfering ][with]the crvil disputes between the [petitioner ][and the ][respondent ][No.5' ][in ][respect ][of]petitioner's property bearing Plot No,4 admeasuring 230.22 [S9- ][Yards ][comprising]in Sy No. 397 and 398 of Shree [Devi Nagar Phase-ll, ][Rampally ][Village ][under]Nagaram Municipality, Keesara Mandal, [Medchal- Malkajgiri District ][as ][illegal']arbitrary, u nconstitutional and [consequently ][direct ][the ][respondents ][not ][to]interfere in the civil disputes [in ][the interest ][of ][justice ][and ][equity]
t
I
lA NO: 1 OF 2023
Petition under section 15 l cpc praying that in the circumstances statedin the affidavit filed in support of the petition, the High court may be pleased todirecl the Respondents herein not to interfere in the civil disputes with respect tothe petitioner property bearing prot No.4 admeasuring 230.22 sq. yardscomprising in Sy.No. 397 and 398 of shree Devi Nagar phase-lr, RampallyVillage under Nagaram Municiparity, Keesara Mandar, Medchar- MarkajgiriDistrict pending disposal of this writ petition.
Counsel for the Petitioner: SRI S.M.SAIFULLAH
Counsel for the Respondent No.i to 3: Gp FOR HOMECounsel for the Respondent No.4 & 5: - The Court made the foltowing: ORDER
rr
.7
THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDYWRIT PETITION No.35O2O OF 2o.23
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER:
This Writ Petition, under Article 226 of the Constitution ofIndia, is filed seeking to declare the action of the respondents ininterfering with the civil disputes between the petitioner andrespondent No.5, in respect of petitioner's property bearing PlotNo.4, admeasuring 230.22 square yards, comprising of SurveyNo.397 and 398 of Shree Devi Nagar, Phase-II, Rampally Villageunder Nagaram Municipality, Keesara Mandal, Medchal-Malkajgiri District, as arbitrary, illegal and consequently todirect the respondents not to interfere with the civil disputes.
2. Heard learned counsel for the petitioner learned,Government Pleader for Home appearing for respondent Nos. 1to 3 and perused the record.
3. The petitioner claims to be absolute owner andpossessor of plot admea suring 23O.22 square yards, comprisingof Survey Nos.397 and 398, situated at Shree Devi Nagar,Phase-II, Rampally Village under Nagaram Municipality,Keesagar Mandal, Medcha.l-Malkajgiri District, havingpurchased the same under a registered Sale Deed videdocument bearing No. 1148 ol 2022, dated 29.08.2022 from hisvendor. Since the date of purchase the petitioner is in peaceful rlj
possession and enjoyment of the subject property. The case [of]the petitioner is that on 22.12.2023, the unofhcial respondentsvisited the subject property and alleged that part of subjectproperty belongs to respondent No.S and hence, she has a rightto encroach tJre same. It is further case of the [petitioner ][that]with active connivance and support of respondent No.3, [the]unofhcial respondents are interfering with the [peaceful]possession and enjoyment of the petitioner over the subjectproperty. It is further case of the petitioner at the instance ofrespondent Nos.4 and 5 respondent No.3 is frequentlysummoning the petitioner to police station and confining [him ][in]the police station hours together and forcing the [petitioner ][to]enter into compromise/ settlement with respondent Nos.4 and [5.]
4. l,earned counsel for the peLitioner vehementlycontended that respondent No.3 is not having any right orauthority to interfere with the civil disputes between thepetitioner and respondent Nos.4 and 5 in any manner and thesaid action of respondent No.3 amounts to violation of thefundamental rights guaranteed under Article 2 I of theConstitution of India.
5. On the other hand, learned Assistant GovernmentPleader for Home, on instructions, would submit that respondent No.3 is not interfering with the civil disputesbetween the petitioner and respondent Nos.4 and 5, as allegedby the petitioner. Learned counsel further submits that if eitherof the parties hles any complaint and if the same would disclosecommission of cognizable offences, respondent No.3 will initiateappropriate action, in accordance with law, by following dueprocess law.
6. In the said circumstances, this Court deems it appropriate to dispose of the Writ Petition directing respondentNo.3 not to interfere with the civil disputes between thepetitioner and respondent Nos.4 and 5, in any manner and ifthe presence of the petitioner is required for the purpose ofinvestigation into any crime, respondent No.3 is directed tofollow due process of law.
7. With the above directions, the Writ Petition isdisposed of. There shall be no order as to costs.
To,
Miscellaneous petitions, if any, pending in this writpetition shall stand closed.
SD/.A.V.S. PRASADASSTSTANT BEGI9TRARsecrro\/o'rrrcen //TRUE COPY//
1. The Principal Secretary, [Home ][Department, Secretariat, ][Hyderabad,]Telangana, State of Telangana.Telangana, State of Telangana.
.il.ion.r"t.
2. The Commissioner of Police, [Rachakonda Co]
3. The Station House Officer, [Keesara Police Station, Medchal-Malkajgiri ][District]
I
4One CC [to SRI ][S ][M SAIFULLAH' Advocate ][[OPUCI]
5Two [CCs ][to ][GP ][FOR ][HOME' High Court ][for the ][State ][of ][Telangana ][at]Hyderabad [OUT]Hyderabad [OUT]6Two CD [CoPies]
BSR
BS
tI
HIGH COURT
DATED: 2911212023
ORDERWP.No.35020 ot 2023
DISPOSING OF THE WRIT PETITION,WITHOUT COSTS
l"^1
/1t{[E ][STATF]q)oo12 [JAll ][202r ]fr.a!++*DEspaTct$l I