Smt. Ameeta Bansal v. The State Of Telangana,
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t 31831 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 368O1 OF 2024 Between:
1. Smt. Ameeta Bansal, Wo. Late Mr. Shyam Sunder Bansal, Aged about 61 years, Occ Business, Ri,/o. FIat No. 403 and 405, Rock Levelz, 8-2-68412, Gulmohar Avenue, Road No. 12, Baojara Hills, Hyderabad, Telangana 500 034.
2. Sri. Harsh Bansal, S/o. Late Mr. Shyam Sunder Bansal, Aged about 31 years, Occ Business, R:/o. Flat No. 403 and 405, Rock Levelz, 8-2-68412, Gulmohar Avenue, Road No. 12, Banjara Hills, Hyderabad, Telangana 500 034. ..PETITIONERS AND
1. The State of Telangana, Represented by its Principal Secretary, Department of Home, Secretariat Buildings, Saifabad, Hyderabad 500 004.
2. Director General of Police, Telangana State Office of D.G.P at Lakdikapool, Saifabad, Hyderabad
3. The Commissioner of Police, Cyberabad, Ranga Reddy District, Telangana
4. The Deputy Commissioner of Police, Shamshabad Zone, Hyderabad.
5. The Asst. Commissioner of Police, Shamshabad, Ranga Reddy District, Telangana
6. The Station House Officer, Shamshabad Police Station, Ranga Reddy District, Telangana
7. The Sub lnspector of Police, Shamshabad Police Station Ranga Reddy District, Telangana
8. Sri Sandeep Agarwal, S/o. Late Sri Rajeshwar Lal Agarwal, Aged about 46 Years, Occ Business, R:/o. Plot No. 51-E, Raghavendranagar Colony, Shivrampally, Hyderabad, Telangana.
9. Sri Sanjay Agarwal, S/o. Late Sri Rajeshwar Lal Agarwal, Aged about 45 Years, Occ Business, R/o. PIot No. 51-E, Raghavendranagar Colony, Shivrampally, Hyderabad, Telangana 10.Sri Vijay Agarwal, S/o. Late Sri Rajeshwar Lal Aganrual, Aged about 44 Years, Occ Business, R/o. Plot No. 51-E, Raghavendranagar Colony, Shivrampally, Hyderabad' Telangana ...RES'.NDENTS Petition under Article 226 ot ltlc- Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent Police Authorities in
interfering in the civil disputes between the Petitioners and the Respondent Nos B to .10 with respect to land admeasuring Acres 04-08 Guntas, in sy.Nos.l6Q/2/AA and 16Ot2tA. lying and forming part of Sy.No.160 situated at Tondapally Village, Shamshabad Mandal, Ranga Reddy District as illegal, arbitrary and unconstitutional and . further directing the Respondent Police Authorities to act in accordance with law and not interfere in the civil disputes of the Petitioner with the Respondent Nos. 6 and 7.
IANO:1OF 2024 petition under section 151 cPc praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent Police Authorities from interfering with the Petitioners rights in any manner in retation to land admeasuring Acres 04-08 Guntas, in sy.Nos.160/2/AA and 16Ot2tA. lying and forming part of Sy.No.'160 situated at Tondapally Village. shamshabad Mandal, Ranga Reddy District, pending disposal of the writ petition. Counsel for the Petitioners: M/s AYUSH SONTHALIA Counsel for the Respondent Nos.'l TO 7: SRI R'LAXMIKANTH REDDY, AGP FOR HOME Counset for the Respondent Nos.8 TO 10: -'
The Court made the following: ORDER
HONOURABLE SRT JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.36801 oF 2024 ORDER: (ORAL) This writ petition is filed seeking to declare the action of the respondent authorities in interfering the civil disputes pending between the petitioners and respondents No'8 to 10 in respect of the land admeasuring Acs'4{8 guntas in Survey Nos'160/2/AA and 1'60/2/ A lying and forming part of Survey No'160' situated at Tondapally Village' ShamshabadMandal,RangaReddyDistrict,asbeingillegal'arbitraryand unconstitutional.
2.
Mr. R. Laxmikanth Reddy' leamed Assistant Govemment Pleader for Home, basing on the written instructions' submitted that the representative of the petitioners by name Mr' Sathish Golla lodged a complaint with respondent No'6 - the Station House Officer' Shamshabad Police Station, on 11.12.2024 stattng that there is interfererrce by respondents No.8 to 10 with the possession of the petitioners in respect of the subject land and a civil suit in O'S' No'690 of 2O24 was filed before the leamed tI Additional Senior Civi-l Judge, Ranga Reddy District (for short 'civil Court') wherein iniunction order dated 02'72'2024 in I'A' No'408 of 2O24 was passed. Despite the said injunction order' there is interference .,tkt
by respondents No'g to 10 in respect of the subject land. Basing on the said complaint, an entry was made in the General Diary and enquiry was caused' During the course of the enquiry, it was revealed that the dispute perding between the petitioners and respondents No.g to 10 pertains to Iand and a civil suit is pending before the civil Court, as sucfu the compraint dated 1,1,.72.2024 rodged by the petitioners was closed as 'civil in nature, on 2g.12.2024. It is submitted that for the purpose of enquiry, the staff of respondent No.6 visited the subject land. The petitioners have taken photographs of the respondent police and filed the same along with this writ affidavit a,eging that there is interference by respondent police with their possession in respect of the subject land; the said allegation is false and hereby denied. 3'
Mr' Ayush sontharia, Ieamed counsel for the petitioners, submitted that despite the closure of the complaint dated l1.l2.2[24lodged by the petitioners' the respondent police are interfering in the civil disputes and coming to the subject land whenever dial 100 complaint is Iodged by respondents No.g to 10.
4.
In the circumstances, the writ petition is disposed of directing respondents No.6 and 7 not to interfere in the civil disputes pending
J between the petitioners and respondents No.8 to 10 in resPect of the land admeasuring Acs.4-08 guntas in Survey Nos.1'60/2/ AA and 1,60/2/ A lying and forming part of Survey No.160, situated at Tondapally Village, Shamshabad Mandal, Ranga Reddy District without following due process of law. As innocuous order is passed, notice to respondents No.8 to 10 is dispensed with. If respondents No.8 to 10 have any grievance, they are given liberty to approach this Court seeking modification of this order. There shall be no order as to costs.
As a sequel thereto, miscellaneous applications, if any, pending in this writ petition, stand closed.
SD/. P. PADMANA ASSISTAN BHA REDDY REGISTRAR //TRUE COPYII To S TION OFFICER 1 #IJj['fr?!::""ffi Et,ft %iqijl!"j,]:"ss&?retariatBuirdinss, I 3f:frta:;neral of Police, Telansana state office of D.G.p at Lakdikapoot,
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HIGH COURT DATED:3111212024
ORDER
fil \ o WP.No.36801 of 2024 q o6 iAu zus (i('
* Tc DISPOSING OF THE WRIT PETITION WITHOUT COSTS t\ \