Syed Yousuf Ali v. State Of Telangana

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.40557 of 2016 ORDER:

This writ petition under Article 226 of Constitution of India is filed seeking to declare the action of respondents 2 to 5 in illegally entering into the petitioner's land in Survey No.388/AA, admeasuring Ac. 5.39 guntas, situated at Anthansagar Village, Kondapur Mandal, Medak District and cutting the existing crop without any notice causing huge loss and threatening the petitioner to vacate his land at the instance of the third parties or face dire consequences, as illegal and arbitrary. Heard and perused the material available on record. The case of the petitioner is that the petitioner is the absolute owner and possessor of the subject property and that respondents 2 to 5, at the instance of some third parties, are harassing the petitioner to vacate his property as they claim to have purchased the said land.

Learned Assistant Government Pleader for Home informed that respondents 4 & 5 never interfered in the affairs of the petitioner, more particularly, in connection with the dispute over the subject land and if there is any necessity, respondents 4 & 5 will follow the due process of law.

Considering the grievance of the petitioner and the submissions of the learned Assistant Government Pleader for Home, respondents 3 to 5 are directed not to interfere with the affairs of the petitioner, more particularly, with the civil disputes pending between the petitioner and some third parties. However, this order will not stand in the way of respondents 3 to 5 to

register a case, if any complaint is lodged against the petitioner for cognizable offence. Since the 2nd respondent is a revenue official, the petitioner can seek his remedy against the 2nd respondent before the appropriate Court.

Accordingly, the Writ Petition is disposed of. No costs. Pending Miscellaneous Petitions, if any, shall stand closed. ___________________ RAJA ELANGO,J Date: 30th November, 2016 KL