Mohammed Hasham v. The State Of Telangana

THE HON'BLE SRI JUSTI CE T. VI NOD KUMAR Writ Petition No.34507 of 2022 ORDER:

This writ petition is filed for issuance of a Writ of Mandamus to declare the action of the 2nd respondent in interfering with the peaceful possession and enjoyment of the petitioner over his agricultural land to an extent of Ac.1.10 guntas, in Sy.No.275/Aa, situated at Pothanpally Village, Mesaipet Mandal, Medak District, and demanding him to vacate the said land and handover it to respondents 3 to 5 and also for not taking the complaint of the petitioner dt.20.07.2022, as illegal, arbitrary, and in violation of Articles 14 and 21 of the Constitution of India.

2.

Heard learned counsel for the petitioner and learned Government Pleader appearing for respondents 1 and 2 and with their consent, the writ petition is taken up for hearing and disposal at the admission stage.

3.

Petitioner contends that the above said land was given as Inam to his grandfather; that thereafter, the petitioner's father succeeded to the said Inam land and after his demise, in the year 2021, the petitioner has been cultivating the same; and that respondents 3 to 5 are interfering with the possession of the petitioner with the support of

the 2nd respondent and are seeking to dispossess the petitioner from the said land by threatening to initiate coercive action. 4.

Learned Government Pleader for Home appearing for respondents 1 and 2 has placed before this Court the written instructions dt.05.09.2022 under the signature of the Sub-Inspector of Police, Chegunta Police Station, Medak District, and the same is taken on record of this Court.

5.

By the said written instructions, while denying the averments made in writ affidavit, it is stated that till date no complaint is given by any individual against the petitioner, nor any case is registered against him, and even the petitioner was not called to police station in connection with any complaint; and that the respondents never interfered with the civil disputes of the petitioner. 6.

Insofar as the allegation made by the petitioner that the 2nd respondent did not receive complaint of the petitioner dt.20.07.2022 is concerned, the same is denied as false and that the petitioner never approached the 2nd respondent at any point of time, nor given any complaint. It is also stated that if the petitioner approaches the 2nd respondent and gives complaint, further action will be taken as per law.

7.

Having regard to the submissions made as above, particularly with regard to the petitioner not approaching the 2nd respondent, for lodging the complaint dt.20.07.2022, and since the complaint is now made as part of the writ papers, learned Government Pleader appearing on behalf of respondents 1 and 2 is directed to forward the said complaint to the concerned authorities to take necessary action in accordance with law.

8.

Subject to the above direction, the Writ Petition is disposed of. No order as to costs.

9.

Consequently, miscellaneous petitions pending, if any, shall stand closed.

_________________ T. VI NOD KUMAR, J Date:05.09.2022 GJ