WP/24297/2020 of Jamila Begum Vs The State of Telangana and 3 others on 31 December 2020

HIGH COURT FOR THEAT HYD- ^( S pe c ia, ,i{f.{[':,:,::,^' [" ][^ ]".,, THURSDAY, THE THiRTY FIRST DAY OF DECEIVBER

TWo rHousAND AND rwrHrrv*'-.,"-,

PRESENT

THE HON'BLE SRIJUSTICE P. NAVEEN RAO

WRIT PETITION NO: 24297 0F 2020

Between:

Jamila Beglrm, W/o lr/lohammed Sardar Ali, Aged about 69 years, Occ.Ho,usewife, Rio 1st [plot ]Fatehnagar V,lig;, r.t;;ipli"iltanoat, rrrirlru,ouibi.t-r[i,Telangana State.

...PETITIONER

AND

'1 . The State 9f Jela1Oq11[ep. by its principat Secretary, Home Department,Secretariat. at B. R. K. R. Bhavan, Hyderabad.. The State 9f Jela1Oq11[ep. by its principat Secretary, Home Department,Secretariat. at B. R. K. R. Bhavan, Hyderabad.

2. The Commissioner of Police, Nizamdbad.

3. The Station House Officer, Navipet police Station, Navipet, Nizamabad.4, Syed Akheel, S/o Syed Mukhtar, Aged about 35 years, Occ. Business,Fatehnagar Village, 1st Plot, Sagar Water Plant, Navipet lVlandal, NizamabadDistrict, Telangana State.4, Syed Akheel, S/o Syed Mukhtar, Aged about 35 years, Occ. Business,Fatehnagar Village, 1st Plot, Sagar Water Plant, Navipet lVlandal, NizamabadDistrict, Telangana State.

RESPONDENTS

Petition under Article 226 of the Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the Hiqh Court may be [pleased]to issue an appropriate writ, order or direction more particularly one in the nature ofWrit of lVandamus to declare the action of the 3rd respondent in threatening thepetitioner and her legal heirs not to enter the schedule of land admeasuring Ac.3.00gts under agreement of sale dated 27-07-2005 and interfering with the civil disputesas illegal, arbitrary and unconstitutional and consequently [direct ][the ][3rd respondent]not to interfere with the civil disputes [between ]the [petitioner ][and ][third ][parties]perlaining to the said land lA NO: 1 OF 2020

Petition under Section 151 CPC [praying ]that [in ][the ][circumstances ][stated ][in]the affidavit filed in support of the [petition, ][the ][High ][court ][may be pleased ][to ][direct]the 3rd respondent not interfere [with ][the ][life, liberty and property ][of ][the petitioner]Gounsel for the Petitioner: SRI [N. ][KRISHNA SUMANTH]

Counsel for Respondent Nos. [1 ]to [3: ][AGP ][FOR HOME]

Counsel for Respondent No. 4: [----]

The Court made the following: ORDER

HONOURABLE [SRI ][JUSTICE ][P'NAVEEN ][RAO]

WRIT PETITION [No'24297 ][OF ][2O2O]ORDER:

Heard learned [counsel ][for ][petitioner ][and ][learned ][Assistant]Government [Pleader ][for ][Home']

2. Petitioner claims [to ][be ][the ][owner ][of ][land ][admeasuring]Ac,3-00 guntas situated [in ][Sy.No.36/68A ][and ][Sy No ][36/67 ][of]Fateh Nagar Village, [Navipet ][Mandal, ][Nizamabad ][District ][From ][the]averments in the affidavit [filed ][in ][support ][of writ ][petition, ][it]appears there is inter [se ][dispute ][between ][the ][petitioner ][and ][fourth]respondent on the ownership [claim of the petitioner on the ][above]extent of land. Petitioner now alleges that [respondent-police ][are]interfering in the civil disputes at the instance of [unofficial]respondent and causing hardship to her.

3. On instructions, learned Assistant Government Pleadersubmits that petitioner lodged a complaint against fourthrespondcnt with the Commissioner of Police, Nizamabad. Thesame \ [/as ]forwarded to the Station House Officer. As what isreported in the said complaint is not a cognizable oflence, GD entrywas made and requisition was placed before the I1 AdditionalJudicial Magistrate of First Class, Nizamabad and police areawaiting orders of learned Magistrate. Learned AssistantGovernment Pleader asserts that police are not interfering in interse civil disputes.

4. Petitioner herself has reported crime and it is at the stage ofregistration of crime. Police are entitled to enquire/ investigate intocrime reported by petitioner. Subject to orders of II AdditionalJudicial Magistrate of First Class, they are directed to confine their \

enquiry/ investigation into the nature of crime reported and policeare directed llot to involve in inter se civil disputes.

5. Accordingly, this writ petition is disposed of. This order doesnot come in the way of asserting right [and ][claim ][by ][fourth]respondent on the subject [property. ][Pending ][miscellaneous]petitions, if any, shall stand closed.

SD/.K.VENKAIAHASSISTANT [REGIS]RAR]l:""

//TRUE COPY//

SECTION [OFFICER]

To1.The Commissioner [of Police, ][Nizamabad ]- .

2

34.H:?t.[ll['h?ffi*iH#'ulr't"t'l::tHxttli;,i,,-'?"1, Two CD [CoPies]

IVBC

HIGH [COURT]

DATED: [3111212020]

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