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2025 Supreme(Online)(Tel) 71224

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
Narukula @ Balija Bonthamma – Appellant
Versus
The State of Telangana – Respondent
WP 26411/2025



THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.26411 of 2025

ORDER

Heard learned counsel for the petitioners and Sri.M.Srinivas, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 3. 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 Respondent No 3 in interfering with the personal life and liberty of Petitioner In respect path way to the agriculture land of petitioners which is there from the respondent No.5 and 6 in survey No.132 to survey No.133 since from more than 70 years but the Respondents No.5 and 6 who are having land in survey No.132 have illegally encroached the path way of the petitioner’s and restraining them to go their land that the path way was allotted to the petitioners land by the land lords of the neighboring lands but the Respondents No.5 and 6 illegally occupied the path way and confined the petitioner to do their agriculture works, and closing the path way illegally for this illegal act the respondent No.3 (i.e SI of cherial) giving helping hand to the respondent No.5 and 6 even without considering the report issued by the respondent No.4 which is illegal and contrary to law and infringement of Fundamental Rights of the Petitioners as guaranteed under Article 14 and 19, 21 and 300A of the Constitution of India.”

3. Brief facts stated in this writ petition are that petitioners claims to be the owners and possessors of land admeasuring 1600 guntas in Sy.No.133/B/1, situated at Kadavergu Village, Cherial Mandal, Siddipet District, having acquired the same through sale deed bearing document No.277 of 1990 dated 30.04.1990. Thereafter, the petitioners were cultivating the subject land. It is further stated that the lands in Sy.Nos.132 and 133 belongs to one family and the path way for the petitioners’ land is from the land in Sy.No.133. The case of the petitioners is that respondent Nos.5 and 6 are having land in Sy.No.132 and they have illegally encroached the path way and are restraining the petitioners to approach their lands. Further case of the petitioners is that the respondent No.3 is interfering in the above issue and is harassing the petitioners. Aggrieved by the same, this writ petition is filed.

4. Learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 3 placed on record instructions issued by Sub-Inspector of Police, Cherial Police Station, Siddipet District, Wherein it is stated that respondent No.6 made a complaint on 12.07.2025, stating that the petitioners are trespassing their land and are damaging the boundaries and inspite of Judgment and Decree in OS.No.575 of 2022, the petitioners are restraining him to enter his land and requested to take action against petitioners. On such complaint, GD entry was made and during the course of the enquiry, the respondent No.3 visited the lands in Sy.No.132 and 133 and it was revealed that the dispute between parties is with respect to land boundary and the same is civil dispute. Hence, on 18.07.2025, respondent No.6 complaint was closed as ‘Civil in Nature’ and the parties were directed to approach competent Civil Court for redressal.

5. Recording the submissions made by learned counsel appearing on either side, without expressing any opinion on the merits of the case and since the respondent No.6 complaint dated 12.07.2025 registered against the petitioners is closed on 18.07.2025, this Court deems it appropriate to dispose of the writ petition granting liberty to petitioners to seek appropriate remedy as available under law, if otherwise aggrieved.

6. Accordingly, 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: 03.09.2025

SU

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