Disposed

Mohammed Abdul Hameed v. The State of Telangana

Telangana HC1 Mar 2024WP/5534/2024

Case brief

AI extract

What is this about?

The Telangana High Court disposed of a writ petition filed under Article 226 seeking direction to initiate Section 145 Cr.P.C. proceedings. The Court, without adjudicating on the merits, directed the respondents to examine the submitted representation and police report and take appropriate action within three weeks.

What did the court decide?

Direction to respondents to examine the petitioner's representation dated 05.09.2023 and the police report dated 10.02.2023 and take appropriate action within three weeks.

Mohammed Abdul Hameed Vs The State of Telangana — Property and Title | Telangana HC (2024)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYOERABAD (Special OrQinal Jurisdiclion)

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FRIDAY,THE FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETITION NO:5534 OF 2024

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Between:

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Mohammed Abdul Hameed, S/o. Mohammed Abdul Rasheed ,Aged 51 years, Occu Business, Ri/o. 1- 6- 851416, Subhash Nagar Mahaboobnagar Town Mahaboobnagar District. ...PETITIONER

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AND

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The State of Telangana, Rep. by Principal Secretary, Revenue Department, Government of Telangana, Secretariat, Hyderabad.

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The Superintendent of Police, Mahabubnagar, Telangana.

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lnspector of Police, ll- Town Police Station, Mahabubnagar, Mahaboobnagar District.

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Revenue Divisbnal Officer Cum Sub- Divisional Magistrate, Mahbubnagar Mahabubnagar District

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...RES'.NDENTS

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Petition under Article 226 of the 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 No.2 to 4 in not disposing the representation of the^petitioner, dated 05. 09. 2023 for initiating Section^'145 Cr. P. C.^proceedings over the entire subject^property situatedⁱⁿ H. No. R/o. 1- 6- 8514N6, at Subhash Nagar, Near Boyapally Gate, Mahbubnagar town as illegal, arbitrary and violative of^principles of natural justice and also against Articles 14, 19,21 and 3004 of the Constitution of lndia and consequently direct Respondent Nos. 2 to 4 to ini{iate Section 145 Cr. P.^C. proceedings-as per the representation of the petitioner, dated 05. 09. 2023 over the entire subject property situated in H. l.lo. R/o. 1- 6- 8514N6, at Subhash Nagar, Near Eoyapally Gate, Mahbubnagar town, in the interests of iustice

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IA NO 10F²⁰²⁴

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Petition under Section^'151 CPC^praying that in the circumstances stated in the affidavit^{filed in supportof the petition, the High Court maybe pleasedto} direct the Respondent^{No. 2 to 4 to considerthe representation of the petitioner,} dated 05. 09.^{2023 madeto initiate Section 145 Ct. P. C. proceedings} over the entire subject^{property situatedin R/o. 1- 6- 85/4416, at Subhash Nagar, Near} Boyapally Gate,^{Mahbubnagartown pending disposalof the main writ petil.ionin} the interest^{of justice and equitY}

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Counsel for the^{Petitioner:SRI S. M. SAIFULLAH}

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Counsel for the^{Respondent Nos. 1to3: AGP FOR HOME}

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Counsel for the^{Respondent No.4: GP FOR REVENUE}

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The Court made the^{following:ORDER}

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THE HON'BLE SRI JTISTICE C.V.BHASKAR REDDY

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WRIT PETITION No.5534 of 2024

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ORDER:

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This Writ Petition, under Article 226 of the Constitution

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of India, is filed seeking the following^reli.ef:

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"...to issue a writ, order or direction^more particularly one in the nature of Writ of Mandamus declaring the action of respondent Nos.2 to 4 in^not disposing the representation of the^petitioner, dated O5.O9.2023 for initiating Section 145^Cr.P.C. proceedings over tJle entire subject property situated in H.No. 1-6-85/4A/6, at Subhash Nagar, Near Boyapally Gate, Mahabubnagar Town, as^{illega-l,arbitrary and} violative of principles of natural^justice and also against Articles 14, 19 , 2l and 30O-A of the Constitution of India and consequently direct respondent Nos.2 to 4 to initiate Section 145 of Cr.P.C.^proceedings as^per representation, dated 05.09.2023 over the entire subject property..."

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Heard learned counsel for the petitioner, learned Assistant Government for Home aPpearing for respondent Nos. 1 to 3 and perused the record.

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The petitioner claims to be owner and possessor of residential house bearing Municipal No.1-6-85/aA/6, Subhash Nagar, Near Boyapally Gate, Mahabubnagar. It is the case of the petitioner that there are civil disputes between him and third parties 1n respect o[ the subject property and when third parties criminally trespassed into

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his property, he was constrained to^{lodge a} complaint,^which was registered as a case in Crime No.l38 of 2021,^daLed O3.O7.2O2L for the offences under Sections 420, 406, 4O3, 424 and 506-lI IPC. It is lurther case of the petitioner that the respondent No.3 uide report dated 1O.O2.2O23 l:.as requested the respondent No.4 to initiate^proceedings under Section 145 of Cr.P.C. to maintain law and order and to avoid untoward incident. It is further case of the petitioner that he has also submitted a representation dated O5.O9.2O23 to the respondent Nos.3 and 4 but till date no action has been taken.

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The grievance of the petitioner is that even after receipt of the report dated 10.O2.2O23 of the respondent Itlo.3 and also his representation, dated 05.09.2023, responitent No.4 is not taking any action till date.

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karned Assistant Government Pleader for Home, on instructions, would submit that there are serious disputes between the petitioner and third parties and when they were creating nuisance as well as law and or:der problem, cases in Crime Nos.143 of 2015, ll2 of 2019, 123 of 2021, 138 of 2021, 13 of 2022 were registered on the file

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of II Town Police Station, Mahabubnagar^{District and Petty} Cases, against both parties and they are pending for investigation,

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In view of the above submissions, this^Court without expressing any opinion with regard to the^meritsof the case, deems it appropriate to direct^{the respondentsto} exarnine the representation, dated 05.09.2023,^submittedby the petitioner and also the report,^{dated1O.O2.2023} submitted by the respondent No.3 and take^appropriate action, in accordance with law, within a^{period of three(3)} weeks from today.

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With the above direction, this Writ Petition^is

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disposed of.

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Miscellaneous petitions, if any, pending in this writ

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petition shall stand closed. No costs.

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SD/- C. PRAVEEN KUMAR ASSISTANT GIST

//TRUE COPY//

SECT OFFICER

To,

The Principal Secretary, Revenue Department, Government of Telangana, Secretariat, T.S.,Hyderabad.

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The Superintendent of Police, Mahabubnagar, Telangana.

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lnspector of Police, ll- Town Police Station, Mahabubnagar, Mahaboobnagar District.

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The Revenue Divisional Officer Cum Sub- Divisional Magistrate, Mahbubnagar Mahabubnagar District.

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Two CCs to GP FOR HOME ,High Court for the Stateof Telangana,at Hyderabad [OUl

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Two CCs to GP FOR REVENUE ,High Court for the State of Telangana,at Hyderabad [OUT]

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Ohe CC to SRI S. M. SAIFULLAH, Advocate [OPUCI

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Two CD Copies

CC TOIDAY

HIGH COURT

DATED:01 10312024

ORDER

WP.No.5534 of 2024

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

Mohammed Abdul Hameed v. The State of Telangana

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Mohammed Abdul Hameed v. The State of Telangana

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