Smt. Bhagyalakshmi Rathore v. State Of Telangana
[ 32e6 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINTH DAY OF AUGUST TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION NO: 20015 OF 2023 Between:
1. Smt. Bhagyalakshmi Rathore, W/o. Aravind Kumar, Age- 63 years, Fl/o. H.No. Plot No. 15, Progressive Colony.-1, Boinpally, Tirumalgiri, Manovikasnagar, Secunderabad, Hyderabad District.
2. Kiran Kumar Rathore, D/o- Aravind Kumar, Age- 40 years, Occ- House wife, Fi./o.H.No.Plot No.15, Progressive Colony-1, Boinpally, Tirumalgiri, Manovikasnagar,Secunderabad,HyderabadDiskict. ...pETlTlONERyS AND '1 . State of Telangana, Rep., by its Principal Secretary, Home Department, Secretariat buildings, Hyderabad.
2. Superintendent of Police, Sangareddy, Sanga Reddy District.
3. The Dy. Commissioner of Police, -Sangareddy, Sanga Reddy District.
4. The Tahasildar, Ameenpur Mandal, Sanga Reddy District.
5. The Station House Officer, Ameenpur Police Station, Sanga Reddy District.
6. rhe Sub-lnspector of Police, Ameenpur Police Station, *"g.lE3d"g^?J}ri1, 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 grant an order, direction or Writ, more so in the nature of WRIT OF MANDAMUS declaring the action of the Respondent No. 05 and 06 in interfering into the peaceful possession and enjoyment of 'the Petitioners land in Sy. Nos. 1010/P for land admeasuring Ac.0.20 gts, Sy.No.1010lAl113 an extent to Ac 0.06 gts and Sy. No. 1OO7lp for an extent of land admeasuring Ac.'1 .14 gts, Situated at Ameenpur village and Mandal, Sanga Reddy District by harassing the Petitioners making Phone Calls repeatedly to come to the 5th Respondent P.S.
to getting signatures of the Petitioners on the Fair Papets for settlement of the Property issue by forcibly which are still pending before the Hon'ble High Court vide CC. No. 165 ot 2017, W.P. No. 17259 of 2017, CC. No. 798 of 2023, W .P. No.41225 of 2018 and connection with the Crime Nos.
lA NO: 1 OF 2023 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 Respondent No. 05 and 06, not to interfere into Civil dispute of the Petitioners peaceful possession and enjoyment of the land in Sy.Nos. 1O10lP for land admeasuring Ac.0.20 gts, Sy.No.10'l OlAll13 an extent to Ac 0.06 gts and Sy. No. 1007ip for an extent of land admeasuring Ac.0-1.14 gts, Situated at Ameenpur village and Mandal, Sanga Reddy District and to conduct the Fair investigation of the Crime Nos. 313 and 314 of 2023 on the file of the 5th Respohdent Counset for the Petitioners : SRI VENKATESHWARLU DASARI Counsel forthe Respondent Nos.1 to 3, 5 & 6 : GP FOR HOME Counsel for the Respondent No.5 : GP FOR REVENUE The Court made the following: ORDER
THE HON'BLE SRI JUSTICE C. V. BHASKAR REDDY WRIT PETITION No. 2OO15 of 2023
ORDER
The writ petition, under Article 226 of the Constitution of India, is filed by the petitioners, seeking the following relief: "...to grant an order, direction or Writ more so in the nature of WRIT OF MANDAMUS declaring the action of the Respondent No'05 and 06 in interfering into the peaceful possession and enioyment of the Petitioners land in Sy.Nos 1010/P for land admeasuring Ac.0.20 gts 5y.No.1010/A/1/3 an extent to Ac'O'06 gts and 5y,No.1007/p for an extent of land admeasuring Ac 1'14 qts situated at Ameenpur village and Mandal, Sanga Reddy District by harassing the Petitioners making Phone Calls repeatedlY to come to the 5tt' Respondent P.S to getting signatures of the Petitioners on the Fair Papers for settlement of the PropertY issue by forcibly which are stilt pending before the Honble High Court vide C.C.No.165 of 2017 W.P.N}.
17259 of 2017 C.C.N1.798 of 2O23 W.P.No.41225 of 2018 and connection with the Crime Nos 313 and 314 of 2023 on the file of the lh Respondent bY threatening and interfering into the Civit disputes of the Petitioners Propefty without their authority of law by illegal high handed and against the principtes of natural justice and consequently direct the Osth and 06th respondents not to interfere with the same by conducting fa i r investigation...
2. It is the case of the petitioners that respondent Nos.5 and 6 are interfering with their peaceful possession and enjoyment of the lands in Sy.No.1010/P admeasuring Ac.0.20gts, Sy'No' LOIO/A/ll3 admeasuring Ac.0.069ts and Sy'No.1007/p admeasuring Ac.O-1.14 gts, situated at Ameenpur village and Mandal, Sanga Reddy District, by calling them to the police station aEd.Jorcing them to execute the documents in Favour oF real es-tate
\rc \'4 business people. It is further case of the petitioners that as the lands in the vicinity of the Ameenpur has abnormally increased, the respondent Nos.5 and 6 hatched a plan with realtors to grab the properties of the petitioners. It is further case of the petitioners that earlier the petitioner No.1 filed W. p.No.27365 of 2011 seeking a direction to mutate her name in the revenue records in respect of the said property. This Court vide order dated 29.06.2016 directed the authorities concerned to mutate the name of the petitioner No.1 in the revenue records. The petitioner No.1 also filed Contempt Case vide C.C.No.165 of ZOLT against the respondent No.4 and the same is pending for adjudication. It is further case of the petitioners that petitioner No.1 has lodged a complaint against one Smt.
Susheela and her son when they trespassed into their lands. Acting on the said complaint submitted by the petitioner No.1, a case in Crime N0.313/2023 dated 07.07.2023 was registered for the offences under Sections 447, 427, 323, 504, 506 r/w 34 IPC and the same is pending for investigation. On the same issue, as a counterblast the accused in Crime No.313/2023 filed a complaint against the petitioners and the police registered a case in Crime No.3l4/2023 against the petitioners. At the instance of accused in Crime No.
police are forcing the petitioners to enter into a settlement and also to sign on white papers for withdrawal of the said case.
3. The learned Assistant Government Pleader for Home appearing for respondent Nos.1, 2,3,5 and 6 has submitted that police are not interfering with the civil rights of the petitioner in any manner. In fact, acting on the complaints submitted by the petitioners as well as Smt. Susheela and her son, the police registered cases in Crime Nos.313 and 314 of 2023 and are conducting investigation in the said crimes.
4. In view of the above submissions, this Court deems it appropriate to direct the respondent Nos.5 and 6 not to interfere with the civil rights of the petitioners, in any manner or force the petitioners to sign any documents either for withdrawal of the cases or to settle the disputes over the aforesaid lands claimed by the petitioners.
5.
With the above directions, this Writ Petition is disposed of. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. No order as to costs.
SD/-V.KAVITHA ASSISTANT REGISTRAR //TRUE COPY// sEcTlo oFFICER 'o ',. ,n" Principal Secretary, Home Department' Secretariat buildings' State of Telangand, HYderabad'
rc \w (, The Superintendent of Police, Sangareddy, Sanga Reddy District. I!'," 9V, Commissioner of Police, -Sangareddy, Sanga Ri:ddy District. The Tahasildar, Ameenpur Mandal, Sanga Reddy District. The Station House O-fficer, Ameenpur Police Stafion, Sanga Reddy District. The S-u_b-lnspector of Police, Ameenpur Police Station, Sanga Reddy District One CC to Sri Venkateshwarlu Dasari, Advocate IOPUC] Two CCs to GP for Home, High Court for the State of Telangana at Hyderabad [OUT] Two CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad (OUT) Two CD Copies Kj GJP I t
HIGH COURT DATED:09/08/2023 ..1 - ,' ". -l *\,; ST,qi F o I / ;.- 1ri 'f,i ?ut \ ri )
ORDER
WP.No.20015 ot 2O23 DSSPOSING OF THE WP W]THOUT COSTS.
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