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2026 Supreme(Online)(Tel) 18202

HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD


THE HON’BLE SRI JUSTICE VAKITI RAMAKRISHNA REDDY


WRIT PETITION No.17098 of 2026


Date: 04.06.2026


Between:

Qazi Mohammed Mujahed

…. Petitioner

AND

State of Telangana,

Rep. by its Principal Secretary,

Home Department, Having Office at

Secretariat, Hyderabad and six others

…. Respondents

ORDER:

This Writ Petition is filed under Article 226 of the Constitution of India seeking a declaration that the action of the Respondents herein more particularly respondent No.4 in disturbing the Petitioner’s possession and enjoyment over the property admeasuring 2000 square feet bearing Municipal House No.19-3-543/94 situated at Ali Nagar, Jahanuma, Hyderabad at the instance of the Respondent Nos.5 to 7 is as illegal, arbitrary, contrary to law and violative of Articles 14, 15, 16, 21 and 300-A of Constitution of India and violative of principles of natural justice and consequently direct the Respondent No.4 to take action against the Respondent Nos.5 to 7 in accordance with law on the basis of the complaint dated 09.05.2026 in the interest of justice.

I. FACTS:

2. The case of the petitioner, in brief, is that the petitioner is presently in possession of the disputed property which is the subject matter of O.S. No. 627/2021 pending before the City Civil Court against respondent Nos.5 to 7. The trial Court has passed interim orders directing that the possession and status of the property shall not be altered until further orders. Despite this, on 09.05.2026, the respondents had entered the property and were creating nuisance. On rushing to the spot, the petitioner was abused in filthy language and assaulted, resulting in injuries to his nose, back, and fingers. The petitioner further alleges that respondent Nos.5 to 7 are pressurizing respondent No.4 to dispossess the petitioner from the subject property and respondent No.4 is interefering in the same.

3. Aggrieved thereby, the present Writ Petition has been filed.

II. SUBMISSIONS:

4. Learned counsel for the petitioner contends that the petitioner is the absolute owner and possessor of all that property admeasuring about 2000 square feet on the ground floor of the premises bearing M.No.19-3-543/94, situated at Ali Nagar, Jahanuma, Hyderabad. When the petitioner was in possession of the subject property, respondent Nos.5 to 7 tried to trespass into the property, as such, the petitioner lodged a complaint against respondent Nos.5 to 7 before respondent No.4, as such respondent Nos.5 to 7 are pressurizing respondent No.4 to dispossess the petitioner from the subject property and interfering with the civil dispute even though the subject matter is pending adjudication before the concerned civil Court.

5. Learned Assistant Government Pleader for Home, on instructions, submits that Respondent No.4 has neither interfered with the petitioner’s possession and enjoyment of the subject property nor acted at the instance of Respondent Nos.5 to 7 and that the property bearing Municipal House No.19-3-543/94, situated at Ali Nagar, Jahanuma, Hyderabad, is already the subject matter of a civil dispute in O.S. No.627 of 2021 pending before the competent Civil Court. He further submitted that on the basis of the complaint lodged by the petitioner on 09.05.2026 alleging assault by Respondent Nos.5 to 7, a Petition Entry vide No. HYD/SBD/090526/00400 dated 09.05.2026 was registered and an enquiry was conducted. The petitioner was referred to Osmania General Hospital for treatment, and thereafter a petty case bearing No.TD2349PC263589473 was registered against Respondent Nos.5 to 7. Subsequently, a charge sheet was filed before the learned IX Metropolitan Magistrate, Hyderabad, on 24.05.2026 and the ST number is awaited.

III. ANALYSIS:

6. The grievance of the petitioner essentially relates to alleged police interference in a dispute which is admittedly the subject matter of pending civil proceedings. It is well settled that the police authorities cannot assume the role of adjudicators in civil disputes nor can they compel parties to arrive at settlements in matters which fall within the domain of civil courts.

7. Equally well settled is the principle that, while the police are empowered to act in accordance with law upon receipt of information disclosing commission of a cognizable offence, they

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