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2024 Supreme(Online)(Telangana) 45924
HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
(Special Originat Jurisdiction)
TUESDAY, THE TWELFTH DAY OF MARCH
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETI TION NO:6372 0F 2024
[ 32e61
....PETITIONERS
Between:
AND
1
B.Prakash Yadav. S/o Bahaiah, Aged about 72 years, Occ ; Agriculture, R/o
H.No.16-8-908, Malakpet, XvOeraOZcf. -"ev\ I!,vuro!
2. Smt. B. Kalavathi, W/o S l^r^at.a-sfr yadav, Aged about 64 years, Occ ;
Agncutture, R/o H. No. 1 6_8_goe,
^/a
ta kp;ilHvj.li;dro]"
' illt!;f]f;lansana, Rep bv its secretary, Deparrment of Home, secretariar,
' BI;:[tf.:neral of Police, Governmenr of reransana, Lakdikapur,
3. Commissioner of
*,o; #;,' rft ;1 i,1' 1fi3i firqi i]i ffi ,Po
r ic e co m m i s s i o n e ra te A S
a j[:ni., Commissioner of porice, Vanasrhatipuram, Medchal Matkajigiri
t iil'fi ,:S1h"?fficer, A bd urapurme r ps, Rachakonda comm issionerare,
6. Smt Saketi Annie
bt*1X'."J:'S;p.t#f,qFb?ir,:,:!:lt3iilxi?ii,1&ifl si,1?IiTi;3??
",,",,:;:::: ::T:11':l'
226 of the consrfturic ""'REsPoNDENrs
pleased too issue an app
affidavit '""' *"-t)''
of lndia praying that in the
the nature of writ ofr"n,t.oo'''t"
writ' order
",. ;;J"n'
the High court mav be
in rhe civir dispure
", r",,,]^'l::
0""'".,* ,n"l;::"'
more particularlv one in
mabride and viotative
"::urr.ano
private,"r;;;:
of respondents in interfering
r*oanenrut riin',,'r"f,"r"l"*
no o as ittegat, arbitrary,
etilroner guaranteed under
Article 14 and 21 of the Constitution of lndia besides violation of the recognised
right to property of petitioner recognised under Art.300A of the Constitution of
lndia and consequently restrain the respondents, more particularly the
respondent no.5 in interfering in the civil dispute of petitioners and private
respondents in the interest of justice.
|.A.NO:1 OF 2024
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-5 not to interfere in the civil, dispute of petitioners and
6tt' respondent pending disposal of the writ petition.
Counsel for the Petitioners : SRI YADAIAH JETTI
Counsel for the Respondent Nos.1 to 5 : AGp FOR HOME
Counsel for the Respondent No.6 :--
The Court made the following ORDER
HON'BLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION No.6372 of 2O24
ORDER
This writ petition is filed seeking the following relief:-
- "...to issue an appropriate Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondents in interfering in the civil dispute of petitioners and private respondent No.6 as illegal, arbitrary, malaf-rde and violative of [undamental rights of petitioner guaranteed under Article 14 and 2l of the Constitution of India besides violation of thc recognised right to property of petitioner recognised under Art 3OO-A of the Constitution of India and consequently restrain the respondents more particularly thc respondent no.5 in interfering in the civil dispute o[ petitioners and private respondents in the interest of justice and may also be pleased to pass... "
2. Petitioner No.l claims to be the owner and possessor of the agricultural land to an extent of Ac.7. 14 guntas in Sy.No.SSA and Ac.2.29 guntas ln Sv. No.84A total admeasuring Ac. 1O.3O guntas in Bacharam village, Abdullapurmet Mandal, Rangareddy District, having acquired the same by virtue of registered sale deed bearing document No.8678/2OOO, dated 04.10.2000 and the .| C-VI]R. J revenue authorities have mutated the said land in his name artd issued pattadar pass book bearing No.TO50t008O486 uide Khala No.313. Petitioner No.2 is the or.nner and possessor ol agricultural land to an extent of Ac.7.O0 in Sy.No.B5/A of Bacharam Village, Abdutlapurmet Mandal, Rangareddy District having acquired the same by, r,irtue of registered sale deed bearing document No.872 1l2OOO, dated O4.10.2000 and the revenue authorities have also issued pattadar pass book bearing No.T050 1OO8O55T uide I(hata No.3l4. The case of the petitioners is that questioning the title and possession of the petitioners over the subject property, respondent No.O has initiatcd thc proccedings ur-rder the provisions of the Telangana Rights in Land and Pattadar Pass Books Act on the file of revenue authorities and the District Collector has deleted the name of the petitiolters without conducting ary enquirv and questioning the said action of revenue authorities, the petitioners have filed separate writ petition and thc same is pending for adjudication. The grievance of the petitioners in this writ petition is that at the instance of respondent
Wp 6 !72 2024
CVI}R, J Wp_6372 2024 No.6, respondent No.5 is interfering with the civil disputes pending between them and respondent No.6 over the subject property and also rendering all assistance to respondent No.6 in forcibly evicting them from the subject property.
3. Learned counsel for the petitioners has vehementiy contended that respondent No.5, pending adjudication of the matter on the file of the revenue authorities, is not having any power or authority to intervene into the civil disputes pending between the petitioners and respondent No.6 over the subject property and also in forcible eviction of the petitioners from the subject property.
4 .
Learned Assistant Government Pleader for Home appearing for respondent Nos. 1 to 5, on instructions, would submit that acting on the complaint submitted by respondent No.6, respondent No.5 conducted a preliminary enquiry and in the said enquiry, it is revealed that there are civil disputes between the petitioners and respondent No.6.
Therefore, the said complaint was closed as 'civil in nature' ) \ CVBR. J Wp 6172_2024 and thereafter, respondent No.s is not interfering with the civil disputes pending between the petitioners and respondent N
