E. Vijaya Lakshmi, v. The State Of Telangana
[ 3183 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SEVENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 45843 OF 2022 Between:
E. Vijaya Lakshmi, Late P Dhananjaya, Age 57 years, Occupation Govt. Employee, R/o 16-2-139/1, Malakpet, Hyderabad (Represented by her GPA Holder) P. Varun, S/o. Late P Dhananjaya, Age 33 years, Occupation. Business , Ryo 16-2-13S/'1 , Malakpet, Hyderabad ...PETITIONER AND
1. The State of Telangana, Rep. by its Principal Secretary (Home), Secretariat Building, Hyderabad.
2. Station House Officer, Kandukur Police Station, Rachakonda Commissionerate Ranga Reddy Dist
3. Asst Director, Survey and Land Records, Kandukur Mandal, Leemoor Village, Rangareddy Dist
4. Mandal Surveyor, Kandukur Mandal, Leemoor Village, Rangareddy Dist. ...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 a Writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the Respondents more particularly Respondent No.2 in harassing the petitioner by repeatedly calling the petitioner, GPA & their workers to police station and interfering with the petitioners peaceful possession of petitioners Agricultural land i.e admeasuring 5 Acres and 0 guntas, Sy no. 517, in Letnoor Kandukur Mandal, Ranga Reddy Dist, Telangana as illegal and arbitrary and consequently direct the respondents more particularly respondent no.4, not to interfere with peaceful possession of Agricultural land i.e admeasuring 5 Acres and 0 guntas, Sy no. 517, in Lemoor village, Kandukur Mandal, Ranga Reddy Dist.
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 direct the respondent No.2 not to interfere with peaceful possession of petitioners Agricultural land i.e admeasuring 5 Acres and 0 guntas, Sy no. 517, in Lemoor village, Kandukur Mandal, Ranga Reddy Dist, Telangana. Counsel for the Petitioner: SRI K. PARIKSHITH Counsel for the Respondent No.1 to 2: ASST. GP FOR HOME Counsel forthe Respondent No.3 to 4: GP FOR REVENUE The Court made the following: ORDER
THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION No.45843 of 2022
ORDER
This writ petition is filed declaring the action of respondent No'2 in repeatedly calling the petitioner, GPA holder and workers of petitioner, to police Station and interfering with petitioner's peaceful possession of petitioner in respect of land admeasuring Ac.5-00 guntas in Sy.No.5 17 of Lemoor village, Kandukur mandal, Ranga Reddy district as arbitrary and illegal.
2.
In the written instructions dated 23.12.2022 received by the learned \ Assistant Government Pleader for Home from the Station House Officer, I I Kandukur Police Station, Rachakonda Commissionerate, it is stated that basing on the complaint of petitioner dated 14-12.2022, a G-D. entry was made and enquiry was conducted and during the course of enquiry, it was revealed that the matter pertains to civil dispute and therefore the complaint was closed as 'civil in nature' and the same was duly informed to the petitioner vide notice dated20.12.2022. Later on22.12.2022, Police received a complaint from one Smt.Nanda stating that GPA holder of petitioner and his friends trespassed into her lands along with JCB and damaged the fencing cable and stone pillar of 7-8 feet height. Upon receipt of the said complaint, a case in Crime No.4l3 of 2022 was registered under Sections 441 and 427 of
IPC was registered and the matter was taken up for investigation., During the course of investigation, notice under Section 9l of Cr.P.C. was issued to the petitioner for producing relevant documents.
3.
In view of the above, no further orders are required to be passed in the writ petition and the same is accordingly closed. However, respondent No.2 is directed not to interfere with the personal life, liberty and property of the petitioner, without following due process of law. However, this order shall not have any bearing on the title and disputes pending between petitioner and other private parties. The miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
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HIGH COURT DATED:2711212022 f c k
ORDER
o t1 nJ 1 I IJ ?ilt lt t\ { WP.No.45843 of 2022 \ CLOSING THE WRIT PETITION WITHOUT COSTS ,e5 ( CDE fi tv\A-- fi\,