THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.27358 of 2025

ORDER

Heard learned counsel for the petitioners and Sri.G.Aniketh Reddy, learned Assistant Government Pleader for Home appearing for respondent Nos.1 and 2. With their consent, this writ petition is being taken up for disposal at the admission stage itself.

2. This writ petition has been filed seeking the following prayer:-

“to declare the action of the respondents Nos.2 and 3 in interfering with the possession of the petitioners over the schedule property i.e., land in Sy No.3/1 to an extent of Ac.4-38 Gts, situated at Obulaipally village, Mahabubnagar Mandal and District, as illegal, arbitrary and unconstitutional consequently direct the respondent Nos.2 and 3 not to interfere and dispossess the petitioners from the schedule property i.e., land in Sy No.3/1 to an extent of Ac.4-38 Gts, situated at Obulaipally village, Mahabubnagar Mandal and District.”

3. Brief facts stated in this writ petition are that the great grandfathers of petitioners and respondent No.4 were brothers and the land in Sy.No.3/1 of Obulaipally Village, Mahabubnagar Mandal, was their ancestors property. It is further submitted that partition with respect to their ancestors property was done and the family members were in peaceful possession of the land in Sy.No.3/1 of Obulaipally Village, Mahabubnagar Mandal. It is further submitted that in the year 1954, respondent No.4 great grandfather has sold his share of land i.e., land to an extent of Ac.4.38 gts, in Sy No.3/1, situated at Obulaipally village, Mahabubnagar Mandal and District (hereinafter referred as ‘subject land’), to the petitioners’ great grand father. The case of the petitioners is that respondent No.4 is interfering with the petitioners’ peaceful possession over the subject land. Further case of the petitioners is that respondent police are interfering in the civil dispute between the parties and on 14.08.2025, respondent Nos.2 and 3 tried to dispossess the petitioners from the subject land. Aggrieved by the same, this writ petition is filed.

4. Learned Assistant Government Pleader for Home appearing for respondent Nos.1 and 2 placed on record instructions issued by Sub-Inspector of Police, Mahabubnagar Rural Police Station, Mahabubnagar District, wherein it is stated that on 04.08.2025, respondent No.4, lodged a complaint before respondent No.2, stating that petitioners are interfering with his possession over the subject land and inspite of the order dated 02.09.2024 in SA No.497 of 2005, petitioners are restraining respondent No.4 from erecting fencing around his land. Upon the said complaint, G.D entry was made on 04.08.2025 and the ASI/16 of the respondent No.2 police station, visited dispute land and during the course of investigation, it was reveled that there is dispute between the parties with respect to subject land and the same is civil in nature. Hence, respondent police instructed the parties to approach the concerned court and closed the respondent No.4 complaint dated 04.08.2025 as ‘Civil in Nature’. It is further submitted that except conducting enquiry into the above complaint, respondent No.2 did not interfere in the civil dispute between the parties.

5. Recording the submissions made by learned counsel appearing on either side, without expressing any opinion on the merits of the case, this Court deems it appropriate to dispose of the writ petition directing the respondent authorities to follow due procedure as contemplated under law before initiating any action against the petitioners or the subject land.

6. With the above direction, this writ petition is disposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to costs.

_________________________________ JUSTICE N.V.SHRAVAN KUMAR Date: 15.09.2025

SU