Mohd. Kareem And 2others v. The State Of Telangana And 6 Others

[3183 ] HIGH COURT FOR THE STATE OF TELANGANA ,AT HYDERABAD (Special Original J urisdiction) MONDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO:42836 OF 2022 Between:

1. Mohd. Kareem, S/o. Mohd. Shariff, aged about 41 years, Occ: Private Service, Ri/o. H.No.41-261 , NTR Colony, Wanaparthy Town and District, Rep. by his father and GPA Holder Mohd. Shariff S/o. Kareem, aged about 66 years, Occ: Retd. employee, Rl/o. H.No.41-261, NTR Colony, Wanaparthy Town and District. Under GPA dated 12-03-2022.

2. Dasarla Ramulu, S/o. Veeraiah, aged about 55 years, Occ: Agriculture, Ri/o. Shapur Village, Pangal Mandal, Wanaparthy District.

3. P. Dharmaiah, S/o. P. Ramulu, aged about 41 years, Occ: Agriculture, Rl/o. H.No. 9-3711, Kodair Village and Mandal, Nagarkumool District. AND ...PET|T|ONERS

1. The State of Telangana, Rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad.

2. The Circle lnspector of Police, Wanaparthy Police Station, Wanaparthy District.

3. The Sub lnspector of Police, Wanaparthy Police Station, Wanaparthy District.

4. N. Venkata Ramana, S/o. Balaswamy, aged about 65 years, Occ: Business, R/o. Sai Krishna Cloth Store, Jama lVlasjid Road, Wanaparthy Town and District.

5. Bhaskar Reddy, S/o. Late Krishna Reddy, aged about 55 years, Occ: Business, Rl/o. Balaji Nilayam, Near Ganesh Temple, Market Gunj, Wanaparthy Town and District.

6. Nageshwar, S/o. Venkateshwarlu, aged about 52 years, Occ: Business, Rl/oBhavani Steel Shop, RTC Bus Stand, Wanaparthy Town and District.

7. Dyarapogu Shyam, S/o. Ramulu, aged about 44 years, Occ: Advocate, R/o. H. No. 22-86, Gandhi Nagar, Wanaparthy Town and District..RES'ONDENTS 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 issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd and 3rd respondent in not taking cognizance of the complaints filed by the petitioners as against the unofficial respondents along with their men for their illegal trespass into the plots of the petitioners i.e., plot No. 1, 2 of the '1't petitioner, plot No. 5 of the 2nd petitioner and plot No. 3 of the 3'd petitioner each admeasuring 133.33 Sq.

Yards at Srinivaspuram of Wanapa(hy Town and District in violation of the injunction order passed by the Civil Court in l.A. No. 41712022 in O.S. No. 23312022 of the 1st petitioner, l.A. No. 16912022 in O.S. No. 9212022 of the 2nd petitioner and I.A. No.19812022 in O.S. No.

and 3rd respondents police to take cognizance of the complaints of the petitioners for the offence of criminal trespass as against the unofficial respondents and their men and give protection to their respective plots by implementing the injunction order passed by the Hon'ble civil court.

lA NO: 1 OF 2022 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 grant interim order directing the 2nd and 3rd respondents to take cognizance of the complaints of the petitioners filed against the unofficial respondents and their men for their illegal trespass into the plots of the petitioners vide Plot No. 1 and 2 of the 1st petitioner, plot No. 5 of the 2nd petitioner and plot No. 3 of the 3rd petitioner respectively each plot admeasuring 133.33 Sq. yards in Sy. No. 192 al Srinivaspuram of Wanaparthy Town and District, by duly implementing the injunction order passed by the civil court in their favour and as against the unofficial respondents, pending disposal of main Writ Petition. Counsel for the Petitioners: SRI M.DAMODAR REDDY Counsel forthe Respondent Nos.1 TO 3: AGP FOR HOME Counsel for the Respondent No.4: SRI N.BHUJANGA RAO Counsel for the Respondent Nos.5 TO 7: - The Court made the following: ORDER

HONOURABLE SRIJUSTICE B. VIJAYSEN REDDY WRIT PETITION No.42836 OF 2022 ORDER:

This writ petition is filed aggrieved by the action of respondent Nos.2 and 3 in not taking cognizance of the complaints of the vI petitioners flled against unofficial respondents for violation of injunction orders passed in l.A.No.417 of 2022 in O.S.No.233 of 2022, 1.A.No.169 of 2022 in O.S.No.92 of 2022 and l.A.No.19B of 2022 in O.S.No.103 of 2022 pending on the file of the Principal Junior Civil Judge at Wanaparthy.

j 2.

Heard and perused the material available on record. 3.

Learned Assistant Government Pleader for Home, having received the written instructions, submitted that GD entry was made on receipt of complaint from the petitioners. During enquiry, it was found that the matter is purely civil in nature, thus, complaint was closed. Copies of the notice dated 29.10.2022were served on the petitioners. So also the true copy of the said notice, intimating the closure of the complaint of the petitioners, is served on the learned counsel for the petitioners by the learned Assistant Government Pleader for Home. 4.

ln view of the above, the writ petition is closed as no further orders are required to be passed. lf the petitioners are aggrieved by l

) the closure report, they are at liberty to invoke appropriate legal remedy.

As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed. No order as to costs SD/- T. SRINIV DEPUTY REGIST //TRUE COPY// SECTIO FICER \ To '1 . Two CCs to GP FOR HOME, High Court for the State of Telangana' at Hyderabad. [OUT]

2. One CC to SRI IU.DAMODAR REDDY, Advocate [OPUCI

3. One CC to SRI N.BHUJANGA RAO, Advocate [OPUC]

4. Two CD Copies PSK GJP q

HIGH COURT DATED:2310112023 .\ 1lc €;TA't'a .".

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ORDER

.,} WP.No.42836 of 2022 CLOSING THE WRIT PETITION WITHOUT COSTS.

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