Mr. T. Shiva Shankar v. The State Of Telangana

[ 3296 ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY i WRIT PETITION NO: 34995 OF 2023 Between:

tt/r. T. Shiva Shankar, S/o. Tumrugoti lt/allesh Aged about 30 years, occ. Business, R/o. Plot No.H.No.4-4-2, Adyudaya Nagar, Bandlaguda Jagir, Hyderabad Telangana-500086 ...PETITIONER AND The State of Telangana, Rep. by its Principal Secretary, Department of Home, Secretariat, Hyderabad.

The Station House Officer, Kothur Police Station, Cyberabad. The Commissioner of Police, Cyberabad.

J Assistant Commissioner of police, Shamshabad Division, Cyberabad.

5. Kusampudi Srinivas, S/o. not known to the petitioner Occ. Sl of Police Kothur Police Station Cyberabad.

6. Rubina Begum, Wo Late [\/ohammed Abdul Khader Aged about 30 years, Occ . Housewife R/o .H.No.14-254, Shaheen Nagar, Balapur Ranga Reddy District, ...RESPONDENTS 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 appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declare the action of the Respondents.herein in interfering in civil disputes over the land pending the Civil suit and subjecting the petitioner to threats and intimidation in respect of petitioners land in Sy.No.147lAi1l admeasuring Ac.1-30 Guntas and in Sy.no 147tAAt1t2 admeasuring Acre 1 -29 guntas, Total extent admeasuring Acres 3-19 Guntas

situated at Siddapur village' Kothur Mandal' Ranga Reddy District as being illegal arbitrary, discriminatory and violation of Articles 14 and 21 of the Constitution of l lndia IA NO: 10F 2023 Petition under Section 151 CPC praying that in the circumstances stated in he affidavit filed in support of the petition' the High Court maY be Pleased to t d irect the Respondent No 2 and unofficial respondent no.4 not to interfere into the civil dispute pending the civil suit respect of the petitioner's land in tn Sy.No.147iAl1/ admeasuring Ac 1-30 Guntas and in SY.no'1471AN112 admeasuring Acre 1-29 guntas' Total extent admeasuring Acres 3-19 Guntas situated at SiddaPur village' Kothur Mandal, Ranga ReddY District counser for the Petitio""' ' :"X1:,ltffX8,tttXi,r, REDDY Counsel for the Respondents No'1to4 : ASST' GP FOR HOME Counsel for the Respondents No'5&6 :

-- The Court made the following: ORDER

THE HONOURABLE SRI JUSTICE C.V. BHASKAR R.EDDY IIIRJT PETITION No.34995 OF 20.23 ORDER:

This Writ Petition, under Article 226 of tlrre Constitution of India, is filed seeking the following relief: '..to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Maldamus to declare the action of the Respondents herein in interfering in civil disputes over the lartd pending the Civil suit and subjecting the petitioner to threats and intimidation in respect of petitioner's land in Survey No.),47 lA/l admeasuring Ac/1-30 guntas and in Survey No.l47/AA/ l/2 admeasuring Ac.1 29 guntas, total extent admeasuring Acs.3-19 guntas, situated at Siddapur Village, Kothur Mandal, Ranga Reddy District, as being arbitrary, illegal, discriminatory and violation of Articles 14 and 21 of the Constitution of India..."

2.

Heard Sri V.Raghunath, learned counsel representing Sri Kadire Ajith Reddy, learned counsel for the petitioner, learned Assistant Government Pleader for Home appearing for respondent Nos. 1 to 4 and perused the record. 3.

The case of tJ'e petitioner is that he is the absolute owner and possessor of land admeasuring Ac.1-30 guntas in Survey No-la7 /A/l,land admeasuring Ac.1-29 guntas in Survey No.A7 /AAl I /2, total land to an extent of Acs.3-19 guntas, situated at Siddapur Vil1age, Kothur Mandal, Ranga Reddy District, having purchased the same under an Agreement of Sale,

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dated 17.12.2022 frorn its original owner. It is further case of the petitioner that when respondent No. 6 is interfering with the peaceful possession and enjoyment of the petitioner over the subject property, the petitioner filed a suit in O.S.No.444 of 2023 on the frle of learned Additional District Judge at L.B.Nagar, Ranga Reddy, for Specific Performance of Contract. 4.

The grievance of the petitioner is that pending adjudication of the said suit, at the instance of respondent No.6 respondent Nos.2 to 5 are frequently summoning the petitioner to police station and confining him hours together and forcing him to enter into settlement/ compromise with respondent No.6 as per the terms dictated by respondent No.6. 5.

Learned counsel for the petitioner would submit that respondent Nos.2 to 5 are not having any power or authority to interfere with the civil disputes between the petitioner and respondent No.6 in any manner and the said action on the part of respondent Nos.2 to 5 would violate the fundamental rights of the petitioner guaranteed under Article 21 of the Constitution of India.

6.

On the other hand, learned Assistant Government Pleader for Home, on instructions, would submit that respondent

-t No.2 is not interfering with the civil disputes between the petitioner and respondent No'6 in any marrner ald in case' if either of the parties files any complaint and if the said complaint reveals cognizable offences' respondent No'2 would take appropriate action on the said complaint' strictly in accordance with law 7.

In view of the said submissions' this Court deems it appropriate to dispose of the Writ Petition directing respondent Nos.2 to 5 not to interfere with the civil disputes between the petitioner and respondent No 6' in any manner' in respect of the subject property, and if the presence of either of the parties is required for the purpose of investigation' respondent Nos 2 to 5 shall follow the procedure as contemplated under 1aw' With the above observations' the Writ Petition 1S There shall be no order as to costs'

disposed of Miscellaneous petitions, if any' pending in this writ petrtron shali stand closed.

MU GI R SD/-K. SREERAMA ASSISTANT RE 't FICER //TRUE coPY/'

,ECTtoN to", . ,n" Principal Secretary' Department of Home' Secretariat' State of , * 5 W:ll* !,'"1'"'S Bitqr' K "JI' y' ? "J::

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Hvderabad' [OUT]

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BSK BS \A\x

HIGH COURT DATED:2911212023 -( t\ sT.q rs q [ 3 JAli 2024 a .L .6 Jo L) Os 'Yl'

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ORDER

WP.No.34995 of 2023 DISPOSING OF THE WRIT PETITION WITHOUT COSTS