Mohd. Ghouse Mohiuddin Quadri Sharfi v. The State Of Telangana

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.22327 OF 2017 ORDER:

This Writ Petition, under Article 226 of the Constitution of India, came to be filed seeking to declare the action of respondents in trying to dispossess the petitioner from house bearing No.20-325 & 26 admeasuring 1384 Sq.Yards situated at Doodh Bowli, Hyderabad, as illegal and arbitrary.

Heard the learned counsel for the petitioner and learned Assistant Government Pleader for Home. With their consent, the Writ Petition is disposed of at the stage of admission itself. Since this Court is not going into the merits of the case, there is no necessity to issue notice to R-5.

The grievance of the petitioner is that the respondents-Police are interfering with the civil disputes, which are pending between the petitioner and R-5, in respect of the house property referred to above.

The learned AGP, on instructions, denies the allegations made in the affidavit filed in support of the writ petition and submits that the respondents-Police never interfered with the civil disputes, which are pending between the parties. As seen from the material on record, petitioner herein filed O.S.No.1337 of 2017 on the file of the VIII Junior Civil Judge, City Civil Court, against R-5 and another seeking permanent injunction in respect of the house property referred to above and the said suit is still pending adjudication before the said Court.

In that view of the matter and recording the submission of the learned AGP, the Writ Petition is disposed of directing the respondents-Police not to interfere with the civil disputes, which are pending between the petitioner and R-5 in respect of house bearing No.20-3-25 & 26 admeasuring 1384 Sq.Yards situated at Doodh Bowli, Hyderabad. However, if the respondents-Police intend to take any action against the petitioner, they shall follow the procedure established under law.

Miscellaneous petitions pending in this writ petition, if any, shall stand closed. No costs.

________________________ C. PRAVEEN KUMAR, J 06.07.2017 sur