Kammari Rama Chary Vs The State of Telangana

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[³¹⁶⁶¹

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HIGH COURT^{FOR THE STATE OF TELANGANA} (SPecial Original^{Jurisdiction)}

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FRIDAY, THE TWENTY^{FIFTH DAY OF APRIL} TWO THOUSAND^{AND TWENTY FIVE}

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PRESENT

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THE HONOURABLE^{SRI JUSTICE T.VINOD KUMAR}

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WRIT PETITION NO:^{12663 0F 2025}

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Between:

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Kammari Rama^{chary, s/o. Late Kammari Narayana,aged 58 years- occ'} ' ;;il;itr;",'Ri". H N;li-;i] c-nrttrnpJiiiVit6se Firooqna-sar Mandal' Ransa ReddY District.

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Kammari Brammarah,^{s/o. Late Kammari Narayana, aged 75 years- occ'}

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;;il;itr;, nv.. n rl'd. r:'si, clrttr"piiiiVitt'ge farooqnigar Mandal' Ransa Reddy District. ...pETtloNERS

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AND

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The State of^{Telangana, Rep by its PrincipalSecretary'Home Department} Secretariat,^HYderabad

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iG aom,rrssione,^{oiFoliceDistrictCollector'CyberabadCommissionerate'} Cvberabad

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3 i#=d#[nt commissioner^{of police, Faroocinasar, Rangareddy District} 4. The Station^{House dii#;;ir-r;;q,iig'aiP"ti"e St6tion, Raingareddy-District} ;3fi {,'fl.r[i;m,s'r."erif^,ffie"#if; ,i[]?ih:!!riBti!s'y]5iif:?,' 6. Bvaqari sudarshan,'bao.'-e1;rri^{ch..,iioi;iarr ngeo rirajor, occ.agriculture, R/o.} " il'N;. 5 65li'c'hit""'piliVirragJ, FJtooqnaga-r Mand-al' Ransa Reddv District

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"'RESP.NDENTS

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Petition under^{Article 226 of the Constitutionof lndiaprayingthat in the} circumstances^{stated in the affidavit filedtherewith'the High Court may be} pleasedtodeclaringtheactionoftherespondentsNo.2lo4innotconsideringthe representationofthepetitionerdaledll.o4.2025requestingtodirecttheunofficial respondents 5^{and 6 not to interfere into the peaceful possessionand enioyment} of the^{petitionersagricultural landsin Sy No' 524 (Ac'Z'OO gts)' Sy No' 523} (Ac.4.17 %^{gts) belongsto the 1st petitionerof undersignedand Sy No' 524} (Ac.2.00gts), Sy No.^{523 (Ac.4.17 gts) belongs to 2nd petitionerof undersigned} total admeasuring^{Ac'6.17 gts situated at Chattanpalli RevenueVillage'} FarooqnagarMandal,RangaReddyDistrictwithoutconsideringtheStatusquo order dated^{04.04.2025passedin lA NO. 55t2025 in os No'16 of 2025 passedby} the Principal^{Junior Civil Judge at Shadnagar without showing the survey numbers}

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----.,

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in the said status quo crder is iflegar, arbitrary and against the principres of naturar justice and arso virrati'e of Articres 14, 19, 21 and 300-4 of constrtution of rndia and consequently Direct the respondents 2 to 4 to take action against the unofficiar respond€'nts 5 and 6 who are ilegary interfering into the petitioners property in Sy No 524 (Ac2OO gts), Sy No. S23 (Ac.4.17 % gts) betongs to the 'rst petitioner of undersigned and sy No. 524 (Ac.2.00gts), sy No. 523 (Ac.4.17 gts) berongs to 2nd petitioner of undersigned totar admeasuring Ac 6.17 gts situated at chattarrpail Revenue viilage, Farooqnagar Mandar, Franga Reddy District by considering the representation dated 11.04.2o2i of the petitioner in the interest of justice.

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lA NO: 1 oF 2025

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Petition unde'ser:tion rs1 cpc praying that in the circumstances stated in the affidavit filed in s;upprrt of the petition, the High Court mav be pleased to direct the respondents 2 t:4 to take action against the unofficiar respondr:nts 5 and 6 who are i'ega'y int'erfering into the petitioners property in sy Nc,. !:i24 ,oc.2.oo gts)' sy No 523 (Ac.4 1'7 % gts) berongs to the 1st petitioner of undersigned and sy No 524 (Ac'2.00gts) sy No 523 (Ac.4.17 gts) berongs to 2nd petitioner of undersigned totar admeasuring Ac-6.17 gts situated at chattanpari Revenue Village, Farooqnagar t\Iandal, Ranga Reddy District, hy considering the representation dated 1 1 .t)4.2025 of the petitioner, pending disposal ,of the main writ petition.

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Counsel for the petitioners: SRt. BOLLU NAGARAJU

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Counsel for the Respondent Nos. 1 to 4: Gp FOR HOME

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Counsel for the Respondent Nos.S & 6: __

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The Court at the stage of admission made the following: ORDER

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THE HON'BLE SRI JUSTICE T. VINOD KUMAR

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lllrilPetition No.12663 ot 2025

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ORDER:

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Heard learned counsel for the petitioners, learned Government Pleader for Home appearing for respondent Nos.l to 4, and with the consent of the learned counsel appearing for the paties, the Writ Petition is taken up for hearing and disposal at the admission stage.

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Having regard to the manner of disposal of the Writ Petition at the admission stage and the nature of /s involved, this Couft is of the view that notice to unofficial respondent Nos.5 and 6 is not necessary for adjudication of the present Writ Petition.

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The case of the petitioners, in brief, is that though they had approached the competent Couft of Civil^jurisdlction and obtained an order of status quo in respect of the suit schedule property vide order dt.04.04.2025 passed in I.A.No.55 of 2025 in' O.S.No.16 of 2025, the unofficial respondents are continuing to interfere with the petitioners' possession and as such, they have approached the respondentsauthorities and submitted a representation dt.L1.04.2025 seeking to direct the unofficial respondents not to interFere with their possession over the land and in spite of petitioners submitting the aforesaid representation to the 4h respondent, no action is taken thereon, which action of the

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2

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respondenls-aLthorities it is contended as highly illegal, arbitrary and dereliction of dr:ties.

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Per con,fa, learned Government^pleader: for Home appearing on behalf of respcndent Nos.1 to 4 would submit that since the petitioners had alread'y availed civil remedies by obtaining an order of st.ttus quoand if there is any breach of the said order, they have to approach the said Civil Court by filing appropriate application, but cannot aoproach the respondents-authorities by making a complaint of breach of the said order by the unotficial respondents herein for the respondent Nos.1 to 4 to take any action.

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Learned Government Pleader further submits that if the respondents-a ul.horities involve themselves in a matter which is already sub^judice before the competent Court of Civil jurisdiction, the same would be called in qur:stion by claiming that the respondents are interfering in civil disputes.

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I ha\i'e taken note of the respective contentions urged.

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Having regard to the submissions made as above and taking note of the fact that the respondents-authorities cannot involve themselves in civil dispute and also that the petitioners have already set in motion the proceedings under the civil procedure code (for short'cpc') try obtaining an order of status quo, if there is any violation or breach of the said order,

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/

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the^petitioners have to avail further remedies under the CPC and for the said reason, cannot try to set in motion the criminal law by involving the respondents police.

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B. Since, the petitioners already claim to have obtained an order of status quo from the competent Court of Civil^{jurisdiction,} this Court is of the view that the petitioners should be directed to avail further remedies

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under CPC, if the is any violation of the said order.

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Granting liberty as noted hereinabove, the Writ Petition is disposed

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of. No order as to costs.

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Miscellaneous petitions, if any, pending in this writ petition shall

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stand closed.

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SD/- K. BHAVANI^SWAMY ASSISTANT REGISTRAR

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//TRUE COPY//

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r"i v, SECTION OFFTCER

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To, 1 The Principal Secretary,^{Home Department,State of Telangana,Secretariat'} Hvderabad

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2 iiJ Cornmissioner of Police^{DistrictCollector, Cyberabad Commissionerate,} Cvberabad

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1. if,E-Aliiit.nt bommissioner^{of Potice, Faroocinagar,RqlgareddyDistrict} . 4. TheStationHouseofficer,FarooqnagarPoliceStation,-RangareddyUlstrlct 5. one bC to SRl.^{BoLLU NAGARAJLlAdvocate[oPUCl} 6. Two cCs to GP^{FoR uor'rri,Hl6r, corl.t t-oi-t-#Stuie6f Telangana'[oUT]} 7. Two D Copies

MBC

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HIGH COURT

DATED:2 510412025

ORDER

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