THE HONOURABLE SRI JUSTICE N.TUKARAMJI

WRIT PETITION No.705 OF 2017

ORDER:

This Writ Petition is filed under Article 226 of Constitution of India

seeking the following relief:

“…to issue any Writ, order or direction more especially one in the nature of Writ of Mandamus declaring the action of the Respondents 7 to 10 in demolishing the property by engaging various persons at their behest as illegal and contrary to the orders passed by the trial Court in OS NO.83 of 2014 dated 20.08.2015 and direct the respondents not to interfere with the possession of the petitioners’ property and direct the respondents 1 to 4 to take immediate action and to grant police protection to the petitioners

and to pass.….”

2. Heard Mr. Uwais Zubair Sait, learned counsel representing Mr.G.Tarun Reddy, learned counsel for the petitioners and Mr.R.Laxmikanth Reddy, learned Government Pleader for Home

appearing for respondent Nos.1 to 6.

3. The contention of the petitioners is that respondent Nos.7 to 10 (unofficial respondents) demolished their property by engaging certain persons, in violation of the orders passed in O.S. No.83 of 2014, dated 20.08.2015. Learned counsel for the petitioners further submits that the demolition was carried out in the presence of and with the support of the police authorities. The petitioners assert that the sequence of events that occurred at the relevant time has been detailed in the affidavit filed before this Court. A report was also submitted to the Assistant Commissioner of Police, seeking disciplinary action against respondent

No.11 (police authorities) for their alleged participation in the demolition of the petitioners’ property. However, the said complaint was left unattended, and the petitioners were not informed of any action taken by the authorities. It is therefore prayed that a direction be issued requiring intimation of the disciplinary action taken, if any, against respondent No.11. Apart from this, the petitioners submit that this Court had earlier granted an interim order restraining the unofficial respondents from interfering in the disputes between the petitioners and respondent Nos.7 to 11. On these grounds, appropriate directions are sought.

4. Learned Assistant Government Pleader submits that the police authorities had no role in the demolition. He clarifies that on 29.12.2016, pursuant to a representation from the Panchayat Secretary and on the explanation furnished by the Panchayat Secretary that, as per the directives of the Divisional Panchayat Officer, Ranga Reddy District, the Panchayat had resolved to demolish illegal constructions in Survey Nos.213 to 217, police assistance was sought to maintain law and order. Accordingly, a police team comprising two Sub-Inspectors, one Assistant Sub-Inspector, one Woman Constable, and two Constables was deputed to the site solely for maintaining law and order. The police officers did not participate in the demolition, as alleged by the petitioners. Rather, their role was limited to providing necessary security to enable the Panchayat to carry out its official duties. It is further submitted that one of the police officers subsequently registered a case, resulting in FIR No.966 of 2016. A charge sheet was filed therein, and C.C. No.92 of 2018 is presently pending trial before the Court of the VII Additional Metropolitan Magistrate, Hyderabad. Thus, respondent No.11, or any police personnel, had no involvement in the demolition of the property beyond rendering assistance for maintaining peace and order.

5. Learned counsel for the unofficial respondents submits that the allegations leveled against them are unfounded and are based only on vague and unsupported statements.

6. I have perused the materials on record.

7. The petitioners contend that, at the behest of respondent No.11, the police authorities not only permitted but also actively participated in the demolition of their property. However, the explanation offered by the police in their counter affidavit makes it