Kodali Gowthama Siddardhudu v. State Of Telangana
\\ [ 32e6 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENry FOUR PRESENT THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION NO: 4362 OF 2024 Between:
Kodali GoMhama Siddardhudu, S/o. late K.Mallikarjuna Rao, aged about 64 years, Occ.Business, R/o. H.No.B-2-293lB2lF lcl2, Film Nagar, Hyderabad. ...PETITIONER AND State of Telangana, rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad.
The Commissioner of Police, Rachakonda Commissionerate, R.R.District. The Assistant Commissioner of Police, Maheshwaram, Rachakonda, R.R.District.
4. The Station House Officer, lvlaheshwaram Police Station, Rachakonda, R.R.District
5. The Tahsildar, Maheshwaram Mandal, Ranga Reddy District J ...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 particularly the 4th respondent herein and his subordinates in calling the petitioner to the police station, directly interfering with peaceful possession and enjoyment of the petitioner over subject land, asking to get. original documents and threatening the petitioner with dire consequences of implicating in false criminal cases, on the oral instructions and instigation of the officials of Sth respondent, is illegal, arbitrary, unjust, u nconstitutiona I and in violation of principles of natural justice, and also violative of Article 14,21 and 300-4 of Constitution of lndia, and consequently direct the respondents not to interfere into civil disputes more
particularly with the peaceful possession and enjoyment of the petitioner over land bearing Sy. 1 25lU admeasuring Ac.1-17 Gts., situated at Toopra Khurd Village, Maheshwaram [Vlandal, Ranga Reddy District. lA NO: 1 OF 2024 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 respondents and their subordinates not to interfere into civil disputes more particularly with peaceful possession and enjoyment of the petitioner over land bearing Sy. 1 2SlU admeasuring Ac.1-17 Gts., situated at Toopra Khurd Village, Maheshwaram Mandal, Ranga Reddy District, pending disposal of the writ petition.
Counsel for the Petitioner: SRI MOHD MOIN AHMED QUADRI Counsel for the Respondent No.1 to 4: AGP FOR HOME Counsel for the Respondent No.5: GP FOR REVENUE The Court made the following: ORDER
HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.4362 of 2024 ORDER:
This writ petition is filed seeking the following relief:- "... to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents particularly respondent No.4 herein and his subordinates in calling the petitioner to the police station directly interfering with peaceful possession and enjoyment of the petitioner over subject land asking to get ..5 flc ..ir -lw.st .rF original documents and threatening the petitioner with dire consequences of implicating in false criminal cases on the oral instructions and instigation of the officials respondent No.5 is illegal, .,a.'&?.
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arbitrary, unjust, unconstitutional and in violation of principles of natural justice and also violative of Articles 74, 2l ar.d 3O0A of Constitution of India and consequently direct the respondents not to interfere into civil disputes more particularly with the peaceful possession and enjoyment of the petitioner over iand bearing Sy.No.125/U admeasuring Ac.1.17 guntas situated at Toopra Khurd Village, Maheshwaram Mandal, Ranga Reddy District..."
l CVBR, J wp 4362 2024 2.
The petitioner claims to be the pattadar and possessor of the land admeasuring Ac.I.l7 guntas in Sy.No.125/U situated at Toopra Khurd Village, Maheshwaram Mandal, Ranga Reddy District, having purchased the same through registered sale deed bearing document No.2285 of 2022, d.ated 12.07.2022. It is the further case of the petitioner that the revenue authorities also issued e-pattadar pass book No.TOS 16007 1062 and his name is also recorded as pattadar in all the revenue records including Darani Portal maintained by the revenue department. The grievance of the petitioner in this writ petition is that at the instigation of adjacent land owners, who are disputing his right and title over the subject land, respondent No.4 is frequently interfering with his possession and causing inconvenience for his enjoyment of the subject property.
3.
l,earned counsel for the petitioner has vehemently contended that respondent No.4 is not having any power or authority to interfere with the civil rights of the petitioner in any manner.
CVBR, J Wp 4362 2024 4.
This Court, without expressing any opinion on the rights of the petitioner over the property claimed in this writ petition, disposed of this writ petition directing respondent No.4 not to interfere with the civil rights of the petitioner over the land admeasuring Ac.1.17 guntas in Sy.No.l25/U situated at Toopra Khurd Village, Maheshwaram Mandal, Ranga Reddy District, without following due procedure as contemplated in law.
5.
With the above observations, the Writ Petition is disposed of. There shall be no order as to costs. 6.
As a sequel, the miscellaneous petitions pending, if any, shall stand closed.
SD/- T.JAYASREE ASSISTANT REGISTRAR I 6u //TRUE COPY// SECTION OFFICER To,
1. The principal Secretary, Home Department, Secretariat, Hyderabad, state of Telangana.
2. The commissioner of Police, Rachakonda commissionerate, R.R.District.
3. The Assistant commissioner of Police, Maheshwaram, Rachakonda, R.R.District.
4. The Station House officer, Mahdshwaram Police Station, Rachakonda, R.R District.
5. The Tahsildar, Maheshwaram Mandal' Ranga Reddy Diskict'
6. One CC to SRI MOHD MOIN AHMED QUADRI, Advocate [OPUC] T.TwoCCstoGPFoRHoME'HighCourtfortheStateofTelanganaat Hyderabad [OUT] S.TwoCCstoGPFORREVENUE,HighCourtfortheStateofTelanganaat Hyderabad [OUT]
9. Two CD CoPies B FISR
HIGH COURT DATED: 2010212024 .\
ORDER
( t\ ciJ I FIIl 2li4 1l WP.No.4362 of 2024 ) * ,'., DISPOSING OF THE WRIT PETITION, WITHOUT COSTS *