Mohammed Riyazuddin, Secunderabad And ANR v. Asst Commissioner Of Police, Rr District And 2 Others

THE HONOURABLE SRI JUSTICE P. KESHAVA RAO WRIT PETITION No.21680 of 2013 ORDER:

Heard learned counsel for the petitioners as well as learned Government Pleader appearing for respondent Nos.1 to 3. 2.

The prayer sought in the writ petition is as under:- "...to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the highhanded action of the respondents in interfering into the peaceful possession and enjoyment of the petitioners over the total admeasuring Ac.5-00 gts., under Sy.No.366(P) situated at Attapur Village, Rajendranagar Mandal, Ranga Reddy District, and preventing them from entering into their own land as illegal, arbitrary, unjust and violative of principles of natural justice and consequently direct the respondents not to interfere by way of dispossessing the petitioners from their peaceful possession and enjoyment of the land total admeasuring Ac.5-00 gts. under sy.no.366(P) situated at Attapur Village, Rajendranagar Mandal, Ranga Reddy District without following due procedure contemplated under law..."

3.

Respondent No.2 filed a counter-affidavit denying the averments made in the affidavit filed in support of the writ petition and contended inter alia that the respondent police never interfered with the possession and enjoyment of the petitioners' land admeasuring Ac.5.00 gts. in Survey No.366 (P) situated at Attapur Village, Rajendranagar Mandal, Ranga Reddy District, at any point of

time. It is also further stated that the respondent police never interfered with the possession of the petitioners' land and prevented them from entering into their lands. It is specifically denied that on 20.07.2012, the respondent police visited the petitioners' land along with revenue officials and threatened the petitioner and their watchman with dire consequences if they enter into the subject land and asked them to bring the original documents. In fact, the present writ petition is filed as a precautionary measure on the premise if anybody lodges complaint against the petitioners, the respondent police cannot take any action.

4.

In view of the specific averments made, this Court is of the opinion that there are no merits in the writ petition and the same is liable to be dismissed.

5.

Accordingly, the writ petition is dismissed.

Miscellaneous petitions pending, if any, shall stand dismissed. No costs.

___________________ P. KESHAVA RAO, J 8th November 2019 mar