THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No. 9835 OF 2018

ORDER:

This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:

“…to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondent police in illegally interfering with the petitioners land admeasuring Ac.0-171/2 gts in Sy.No.116/AA1/1 situated at Mailardevpally Village, Rajendrangar Mandal, Ranga Reddy District by allowing the unofficial respondents to dismantle the structures of the petitioners property in their presence as arbitrary,illegal, unconstitutional apart from being violative of Article 14, 21 and 300-A of the Constitution of India and consequently direct the 2nd respondent to initiate penal action against the 3rd respondent for not adhering to the ad-interim injunction order dt.14-03-2018 passed in I.A.No.119 of 2018 in O.S.No.62 of 2018 on the file of Additional Junior Civil Judge- cum-XVII Metropolitan Magistrate, Cyberabad at Rajendranagar and to pass…”

2. None appeared for the petitioner.

3. Heard Mr.D.Pradeep, learned Assistant Government Pleader for Home appearing for respondents No.1 to 3.

4. The learned Assistant Government Pleader for Home submits that the respondents, particularly the police authorities, have never interfered with the petitioner’s land. He contends that the allegation regarding non- compliance with the interim injunction granted in I.A. No. 119 of 2018 in O.S. No. 62 of 2018 by the learned Additional Junior Civil Judge-cum- XVII Metropolitan Magistrate, Cyberabad at Rajendranagar, is devoid of any legal basis. He further submits that, based on the report filed by respondent No. 10, Crime No. 275 of 2018 was registered against the petitioner and three others. Upon completion of the investigation, a charge sheet was filed, and the case was taken on file as C.C. No. 568 of 2018 before the learned II Special Court, Rajendranagar. After due trial, the petitioner, who was arrayed as Accused No. 1, was convicted and sentenced accordingly, while the other accused (Accused Nos. 2 to 4)

were acquitted. Therefore, he prays for dismissal of the present petition.

5. I have carefully perused the material available on record.

6. The specific grievance raised by the petitioner is that the respondents, particularly respondent No. 3, have been interfering with the petitioner’s possession of the subject land despite the subsistence of an interim injunction granted by the competent civil court. On the face of it, this allegation pertains to a dispute that is purely civil in nature. Having regard to the limits of police authority in matters of civil dispute, it is hereby directed that the respondents, particularly respondent No. 3, shall refrain from interfering with the petitioner’s possession or enjoyment of the schedule property mentioned in the petition. However, it is clarified that this direction shall not preclude the police authorities from taking any action that is strictly in accordance with law and subject to observance of due process.

7. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

Pending miscellaneous applications, if any, shall stand closed.

_______________ N.TUKARAMJI, J Date: 31.10.2025

CHS

THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No. 9835 OF 2018 Date: 31.10.2025

CHS