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2025 Supreme(Online)(Tel) 16084

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
N.V. SHRAVAN KUMAR, J
Shaik Basheer – Appellant
Versus
The State of Telangana – Respondent
Writ Petition No.26825 of 2025



Advocates:
For the Appellants/Petitioners: Not specified
For the Respondents: Not specified

Authorities must follow legal due process before intervening in personal property disputes to ensure protection of individual rights.

Headnote:(A) Constitution of India - Articles 14, 15, 21 and 300A - Writ petition filed to declare actions of certain officials as illegal and unconstitutional, impeding the petitioner's peaceful life and land use during civil litigation - Court noted the interferences by authorities based on complaints that were civil in nature. (Paras 1, 3, 5)

(B) Lawful procedure - The court directed that authorities must adhere to legal procedures before taking any action on the petitioner’s property, upholding the tenets of natural justice. (Paras 4, 5)

Facts of the case:
The petitioner claimed ownership of agricultural land and alleged interference by real estate professionals, leading to the filing of a civil suit for injunction.

Findings of Court:
The police inquiry revealed the civil nature of the dispute, leading to the closure of the complaint from the unofficial respondents.

Issues: The court addressed possible unlawful interference by state authorities amidst ongoing civil litigation.

Ratio Decidendi: The authorities must observe due legal process to avoid unlawful interference and protect the rights of the individual.

Result: Writ petition disposed of with directions.

Table of Content
1. petitioner's claims of rightful ownership and police interference. (Para 1 , 3)
2. acknowledgement of civil dispute and police's position. (Para 2)
3. need for legal adherence in disputes. (Para 4)
4. final directions given to the authorities. (Para 5)

THE HON’BLE SRI JUSTICE N.V.SHRAVAN KUMAR Writ Petition No.26825 of 2025 This writ petition is filed seeking the following prayer:

“…declaring the action of the Respondent Nos.5 and 6 in interfering into the peaceful life and liberty and also interfering into the peaceful cultivation of the land of the Petitioner to an extent of Ac.3-00 Gts in Survey No 27/1 which is situated at Lenkalagadda Village, Palimela Mandal, Jayashankar Bhupalapally District during the pendency of civil suit vide O.S.No.141 of 2024 in I.A.No.110 of 2024 on the file of Additional Junior Civil Judge at Jayashankar Bhupalapally by colluding with Respondent Nos.7 to 11 and calling the Petitioner to the Police Station and threatening to handover the land of the Petitioner to the Respondent Nos.7 to 11 as illegal, arbitrary, unconstitutional and violation of Articles 14, 15, 21 and 300A of Constitution of India and also violation of Principles of Natural Justice and consequently direct the Respondent Nos.5 and 6 not to interfere into peaceful life and liberty and not to interfere into peaceful agriculture operations and not to threaten the Petitioner to handover his agriculture land to an extent of Ac.3-00 Gts in Survey No.27/1 which is situated at Lenkalagadda Village, Palimela Mandal, Jayashankar Bhupalapally District (for short ‘the subject property’) to the Respondent Nos.7 to 11 during the pendency of civil suit through vide O.S.No.141 of 2024…”

2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing on behalf of respondents. With their consent, this writ petition is taken up for disposal. Notice to respondent Nos.7 to 11 is hereby dispensed with.

3. The facts of the case in brief as stated are that petitioner claims to be absolute owner and possessor of the subject property succeeded by way of ancestors as such the revenue authorities mutated the name of petitioner in all revenue records and issued e-pattadar passbooks. It is submitted that respondent Nos.7 to 11, who are real estate business persons, approached the petitioner and demanded to sell his property on cheaper rate, which was denied by the petitioner, as such respondent Nos.7 to 11 hatched a plan to grab the land of the petitioner and started interfering into the peaceful possession of the petitioner. Accordingly, petitioner approached Additional Junior Civil Judge at Jayashankar Bhupalapally District and filed a suit for injunction in O.S.No.141/2024 and also an application in I.A.No.110/2024 for grant of interim injunction. The trial Court was pleased to grant interim injunction. Subsequent to the same, respondent Nos.7 to 11 approached respondent Nos.5 and 6 and influenced them, due to which respondent Nos.5 and 6 started interfering into the personal life of the petitioner and also interfering into peaceful agricultural operations and also interfering in civil disputes between petitioner and unofficial respondents. Thereafter, respondent Nos.5 and 6 are calling the petitioner to police station on multiple occasions detaining the petitioner in Police Station.

Questioning the same, the present writ petition is filed.

4. The Sub-Inspector of Police, Palimela Police Station, Jayashankar Bhupalapally District has placed a copy of instructions through learned Assistant Government Pleader for Home stating that respondent No.6 lodged a complaint with respondent No.6 on 17.08.2025 with regard to land dispute and basing on the said complaint, respondent police made a GD entry and conducted enquiry. During the enquiry, it is revealed that there is a civil dispute pending between petitioner and unofficial respondent Nos.7 to 11 and a civil suit in O.S.No.141/2024 is pending on the file of A

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