Corporate Article 226 writ petition where the petitioner sought an FIR and eviction order based on property title disputes. The Court held it cannot adjudicate title disputes or civil rights via writ jurisdiction and dismissed the petition.
None granted. Court refused to issue writ of mandamus to file FIR or evict respondents.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT FOR THE STATEOF TELANGANA AT HYDERABAD (Speciat Original Jurisdiction)
MONDAY, THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICEC.V. BHASKAR REDDY
WRIT PETITION NO: 30145 OF 2023
Between:
Smt. Rapan Venkata Jyothi, W/o. SriHanumanthu, .age!53 years, occ:Houdewife, R/o. H. Nb. 11-1- 174,M. l. G- 4, Housing Board Colony Near, Neelakantewar Temple, ArmurRoad, Nizamabad-503002 by.her General Power of Attorney Holder SriD. V. N. Santhosh Kumar, S/o. (Late) D. V. Venu Gopal Mu(hy, Olc AG Office Employee(Retd. ),aged 45 years, O/o ANd RI/O H. NO. 1- 17: 59187 , MIG A 87,DT. AS RAO NAGAR, HYDERABAD ' 500062.
...PETITIONER
AND
10.Shri Devalla Ramaiah, H/o SmtDevalla VasanthaRani,aged 58 years, Employee, Rl/o Near YellanduX Road, Kaviraj Nagar, Khammam Town and District- 507OO2.
..,RESPONDENTS
Petition under Article 226 of lhe Constitutionof lndia prayingthat in the circumstances stated in theaffidavit filed therewith,the High Courtmay be pleased to issue any writ order or direction moreparticularlyone in nature of wRlT OF MANDAMUS to file FIR byrespondent 3, 4 and 6 and againstrespondents 7 to 10. ln light of the circumstancesof the case,the petitioner beseechesthe Honorable High Court.
lA NO: 1 OF 2023
Petition under Section1 51cPCprayingthat in the circumstances statedin the affidavit filed in supportof the petition, the High Court may be pleased to direct the Respondent 3 and 4and 6 for evictionand handover possession to the petitioner were respondent 5 who are involved inmalafideintentionswith extraneous reasonswath trespasswith illegal encroachment and planning to sale the house with wrongful claimswith was turned into gamblinghub for illegal activities forplaying cards,caroms, chess etc without anypermissionfrom ApsRTC Administration andvigilance which shouldbe eradicateimmediately which turns into serious irregularitiesand violationsof rules and regulationsof APSRTC for misleading andmisguidingand suppressing the total truth, fact and merits of the case to.
Counsel for the Petitioner: SRIT POORNACHANDER RAO
Counsel for the RespondentNo.l and 3: GP FOR REVENUE
Counsel for the RespondentNo.2 and 4: GP FOR HOME
Counsel for the RespondentNo.S to 10: NONEAPPEARED
The Court made the following:ORDER
THE HON'BLE SRIJUSTICE C. V. BHASKAR REDDY WRIT PETITION NO.30145 0F 20.23
ORDER:
The writ petitionis hled seekingfollowing retel
"......to issue anywritorderor direction more particularlyonein nature of WRITOF MANDAMUSto hle FIRby respondentNos'3' 4 and 6 and againstrespondent Nos' 7 to 10' in lightof the circumstances o[the case, the petitionerbeseechest]re Honorable HighCourt ......"
2
'.i '
As a sequel thereto, miscellaneous petitions, if any,
pending shall stand closed.
//TRUE COPY//
SD/-N.CHANDRA SEKHARRAO ASSISTANT REGFTRAR /
SECTION6FFICER
To,
I i l I
HIGH COURT
DATED:0611112023
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ORDER
WP.No.30145 of 2023
DISMISSING THE WRIT PETITION
WITHOUT COSTS.
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2 issues framed by the court
Whether the High Court issuing a writ under Article 226 can decide disputes regarding title to property and the validity of an agreement of sale.
Whether the writ petition seeking a direction to file an FIR and evict respondents based on property title is maintainable.
Smt. Rapan Venkata Jyothi
State of Telangana, Rep. by its Principal Secretary, Department of Revenue
State of Telangana, Rep. by its Principal Secretary, Department of Home
The Collector, Khammam District
The Commissioner of Police, Khammam District
C.V. Bhaskar Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
