Kamal Kishore Bansal And 4 Others v. The State Of Telangana And 4 Others

THE HON'BLE SRI JUSTICE T. VINOD KUMAR Writ Petition No.20178 of 2019 ORDER:

This writ petition is filed questioning the action of respondent No.4-Station House Officer, Afzalgunj Police Station, Hyderabad, in interfering and preventing the petitioners from carrying demolition of dilapidated building premises bearing Nos.15-9-485 to 495, Siddiamber Bazar, Mahboob Gunj, Hyderabad, in pursuance to the orders dated 28.08.2019 in Notice No.9/ACP/C5/ GHMC/2010-2019 of respondent No.5-Deputy Commissioner, Circle-14, Greater Hyderabad Municipal Corporation, Khairatabad Zone, Hyderabad.

Heard learned counsel for the petitioners, and the learned Assistant Government Pleader for Home appearing for respondent Nos. 1 to 4 and perused the entire material on record.

The learned Assistant Government Pleader for Home submitted that pursuant to the call received on 'Dial-100' on 31.08.2019 from one Laxmi Nivas Agarwal, police team went to the premises and found that some persons were trying to demolish the subject building based on the orders of respondent No.5. As the matter is pertaining to land dispute, respondent No.4 advised both the parties to approach the competent authority.

The learned Assistant Government Pleader for Home also submits that on the same day at 4.00 p.m. the said

Laxmi Nivas Agarwal, who made a call on 'Dial-100', gave a complaint to respondent No.4, whereupon, an entry in General Diary was made and as the contents of the complaint are non-cognizable offences, respondent No.4 addressed a letter to the learned II Additional Chief Metropolitan Magistrate, Hyderabad, to accord permission to register a case for the offences punishable under Sections 427 and 506 of the Indian Penal Code, 1860.

The learned Assistant Government Pleader for Home further submits that after obtaining permission from the Court concerned, a case was registered in Crime No.283 of 2019 for the offences punishable under Sections 427 and 506 of IPC on 08.09.2019 and is under investigation. Since a call was received on 'Dial-100', the police went to the subject land, otherwise the police authorities had no intention to interfere with the civil dispute between the parties.

Taking on record the said statement made by the police concerned, the writ petition is closed, as no further orders are required to be passed in this writ petition. There shall be no order as to costs.

As a sequel thereto, Miscellaneous Applications, if any, pending in this writ petition shall stand closed. ___________________ T. VINOD KUMAR, J Date: 25.09.2019 Isn