Disposed

Mohammad yousuf khan v. The Commissioner of Police

Telangana HC12 Mar 2024WP/6337/2024

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking directions to restrain police from interfering in civil title disputes over property. The Court directed police not to intervene in pending civil suits unless required for proper investigation following legal procedure.

What did the court decide?

Directed respondents-police not to interfere with pending civil disputes and to follow due procedure if petitioner presence is required for investigation.

Mohammad yousuf khan Vs The Commissioner of Police — Writ and Judicial Review | Telangana HC (2024)

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[^32e6 ]

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HIGH COURT FOR THE STATE^{OF TELANGANA} AT HYDERABAD (Special Original Jurisdiction)

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TUESDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR

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PRESENT

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

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WRIT PETITION NO:6337 OF 2024

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Between:

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Mohammad yousuf khan, S/o Bhakthiyar khan, Age-66 Years, Occ-^Private Employee,^{PUo.4-24,Pralhap} Street, Huzurabad Mandal, Huzurabad, Karimnagar district.

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Edurugatla chandraiah,, S/o.E.Rajaiah, Age- 49 Years, Occ-^Private Employee, H.no.5-50,Karimanagar Mandal, Asifnagar, @ Bahupet, Karimnagar district.

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Juftu Devendar, S/o. Narsaiah H.No.3-94, Age- 55 Years, OM^{Bussiness,Asif} nagar' Karimnagar'

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...pETrroNERs

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AND

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The Commissioner of Police, Karimnagar Commissionerate, Karimnagar. 2. The Assistant Commissioner of Police,, Karimnagar Commissionerate, Karimnagar.

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The Station House Officer, Kothapalli^police station Karimnagar District. 4. Gollapally Venkatesh, S/o. Veeresham Managing^partner of M/s.K.V.constructions, Occu-Business, R:/o.4-39,malkapur village, Kothapalli (H) karimnagar district,

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Thella Manohar, Mangaing Partner, of M/s K.v.constructions Occu-business. H.no.8-20, Malkapur village, Kothapalli (H) Karimnagar district.

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The State of Telangana, Rep by its Principal Secrelary, Home Department, Secretariat Buildings, Hyderabad,

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..REspoNDENTs

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Petition under Article 226 ot the Constittttion of lndia^praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ order or direction especiaHy one in the Nature of Writ of Mandamus declaring the action of the respondents to restraining the Respondents 1 to 3 from interfering with the present civil matter^pertaining to the rnentioned Suit scheduled^property, is illegal, arbitrary and^violative of Article 21 of the Constitution of lndia and consequently which^{is peMing} before^various trial courts for ends of^justice

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1A NO: 1 OF 2024

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Petition under Section 151 CPC^praying that in the circumstarrces stated in the affidavit filed in support of the^{petition, the High Court may} be^{pleased to direct}

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the respondents¹ to³ to^{restrain from interferingwith the civil matterbrought} forward in the writ^petition and^not to^{call the petitionersto the Police Station,until} further orders by appropriate^{authorityand till the presentwrit petition is disposed} of the Hon' High Court and Pass

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lA NO: 2 OF 24

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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 pleasedto direct} the respondents¹ to 5 not^{to interfere within civil disputes, pending disposal of the} main Writ Petition,

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Counsel for the Petitioner:^{SRI BALAMURALI Y}

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Counsel for Respondent^{Nos.1 to} 3 &^{6: GP FOR HOME}

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Counsel for Respondent^{Nos. 4 & 5:} ---

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The Gourt made the following: ORDER

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::::_-^e ''.G*r.r'

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SRI JuSTICE C.V.^{BHASKAR REDDY}

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WRIT PETITION No.6337 of^2o24

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ORDER:

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This writ petition is filed^{seekingthe following}

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relief: -

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"...to issue writ order or directi,on^{especia-Ilyone in the} Nature of Writ of^{Mandamus declaring the action of the} respondents to restraining^{the Respondents1 to 3 from} interfering with the^{presentcivil matter pertainingto the} mentioned suit scheduled^{propertyis illegalarbitrary and} violative of Article² 1 of^{the Constitutionof Indiaand} consequently which^{is pendingbeforevarious trial courts} for ends ofjustice and Pass.'."

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The case of^{the petitioners is that petitionerNo'l} along with others^{have instituteda suit vide O.S.No.52of} 2OL9 on the frle of^{the IAdditional DistrictJudge,} Karimnagar for declaration^{of title and injunction over} the property situated^{in an extent of Ac.2.27 guntas in} Sy.No.15O situated at^{Malkapur Village,Kothapalli} Mandal, Karimnagar^{District (hereinafter referred to as} "the subject^{properQ/). It is further case of the petitioner} that one Sayyad Abdul^{Basheerand others also instituted} a suit vide O.S.No.253^{of 2o2l on the file of the Special}

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CVBR, J Wp_6337 _2024

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Judicial Magistrate of First Class-cum-Additional^Junior Civil Judge, Karimnagar for injunction simplicitor^over the part of the subject property claimed in O.S.No'52^of 2OI9. The grievance of the^petitioners in this^writ petition is that pending adjudication of the said suits,^at the instance of respondent Nos.4 and 5,^respondents- Police are frequently summoning them to the^police station and forcing them to enter into^a settlement/compromise with the defendants in^{the said} suits as per the terms dictated by them.

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Learned counsel appearing for the^{petitionershas} vehemently contended that pending adjudication of the aforesaid suits, the respondents-Police are^{not having} any power or authorit5r to interfere into^{the civil disputes} pending between the petitioners, respondent Nos.4 and 5 and the defendants in the aforesaid suits, in any manner.

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Learned Assistant Government^Pleader for^Home appearing for the respondents-Police, on instructions, would submit that acting on the complaint submitted by

CVBR, J wp_63)7 ]024

the defendants in O.S.No.253 of 2021, the respondentsPolice summoned the petitioners to the police station only for the purpose of enquiry and except that, they have not interfered with the civil disputes pending in O.S.Nos.S2 of 2Ol9 and 253 of 2O2I, in any manner.

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In view of the above submissions, this Court deems it appropriate to dispose of the writ petition directing the respondents-Police not to interfere with the civil disputes pending in O.S.No.52 of 2OL9 on the file of the I Additional District Judge, Karimnagar and O.S.No.253 of 2O2l on the file of the Special Judicial Magistrate of First Class-cum-Additional Junior Civil Judge, Karimnagar, in any manner, except in accordance with law and if the presence of the petitioners is required for the purpose of investigation in any case, they are directed to follow the due procedure as contemplated in law.

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With the above observations, the Writ Petition is disposed of. There shall be no order as to costs.

r-E

CVBR. J wp 6337 2024

As a sequel, the rniscellaneous petitions pending, if

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any, shall stand closed.

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SD/.A.V.S.P AD ASSISTANT^REGI

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//TRUE^COPY//

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SECTION^OFFICER

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to'r. ,n" Commissioner of Police' Karimnagar Commissionerate' Karimnagar' 2. TheAssista^{nt cornnii J"i"d'tiJi ii Coii"e - Ka rimnaga r Commissionerate'}

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.. Tf, l Bffi?#^{House officer,.tlgtf ap,4li p.oIE?,:t'tio n Ka rim nasa r District'} i . $: 33iifS^{F?'& H:"* l'#,{""T:i!XLH}'s,,,.or reI a n san a ro UrI}

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Two CD^Copies MBC \V\

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HIGH COURT

DATED: 1210312024

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ORDER

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WP.No.6337 of 2024

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DISPOSING OF THE WRIT PETITION

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WITHOUT COSTS

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,-<br>

Mohammad yousuf khan v. The Commissioner of Police

Case brief

What is this about?

What did the court decide?

Mohammad yousuf khan v. The Commissioner of Police

Case brief

What is this about?

What did the court decide?

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