Pankaj Gupta Vs The State of Telangana

B. Nageswara Rao, S/o Late B.Chennaiah, Aged^{about 55- years, Occ} Managing Director, Mis Legend Estates P!'t. Ltd., 6-3-1238,^{6th Floor, Legend} Apartment, Renuka Enclave, Raj Bhavan Road, Somajiguda,^Hyderabad.

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...RESPONDENTS

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Petition under Article 226 o'f the Constitution of lndia^{prayingthat in the} circumstances stated in the affidavit filed therewith,^{the High Court maybe} pleased to issue an appropriate writ, order or direction more^{particularly onein} the nature of Writ of Mandamus declaring the arbitrary^{actionof the respondent} police in illegally interfering into the peaceful possession and enjoyment of^the petitioners Plot on Villa No.176 admeasuring 500 sq.^yards in the^gated community "The Legend Chime Echo" situated in Sy.Nos.21'l ,^{2111A, AA, E' EE'} U, UU, RU, RIJIJ,212IA, AA, E, EE, U, UU, RU,213IA,^{AA, E, EE, U, UU,RU,}

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Survey No. 19ZAfO EE, 186/U, 187lU, 1gOlU, 191lU, 192tU, 199, 't99/A and AA, 200, 201 , 2O2,204,2041A, and AA, 205/A and AA, 206, 206/P, 206/A, AA, E, EE, U, UU, 2O8, 2O8lA, 209, 210 situated at Kokapet Village, Rajendernagar Mandal, Ranga Reddy District without following due process of law as arbitrary, illegal and in violation of law and consequenfly direct the respondent police not to force the petitioners to settle the matter in the police station.

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lA NO: 1 OF 2025

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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 pleased to direct the respondent police especially the respondent No.S not to interfere with the peaceful possession and enjoyment of the petitioners plol bearing plot on Villa No.176 admeasuring 500 sq. yards in the gated community "The Legend Chime Echo" situated in Sy.Nos.2'l 1,2111A, AA, E, EE, U, UU, RU, RUIJ,Z12tA, AA, E, EE, U, UU, RU, 2131A, AA, E, EE, U, UU, RU, Survey No. lg2lATO EE, 1861U, 187tU,190/U, 191/U, 192^J,199,199/A & AA, 200, 201,202,204,204tA, & AA, 205/A & AA, 206, 206tp,206tA, AA, E, EE, U, UU, 2oB, 2o8tA,2og,21o situated at Kokapet Village, Rajendernagar Mandal, Ranga Reddy District, pending disposal of the writ petition.

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Counsel for the Petitioner: SRI ABDUL KABEER

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Counsel for the Respondent No.'l to 5: AGP FOR HOME

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The Court made the following: ORDER

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HON'BLE SRI JUSTICE C.V. BHASI(AR REDDY

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WRIT PETITION No.1516 of 2025

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ORDER:

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This writ petition is fiied praying this Court to declare the action of the respondent-police in interfering with the peaceful possession and enjoyment of the petitioners over the Villa No.176, admeasuring 500 square yards in the gated community "The Legend Chime Echo" situated in Sy.Nos.211 ,2ll / A, AA, E, EE, U, UU, RU, RUU, 2121A, AA, E, EE, U, UU, RU, 213/A, AA, E, EE, U, UU, RU;192lA to EE, 186/V, 187/V, t9O/U,l9l/U, 192/U, 199, l99lA and AA, 2OO,2O1,2O2,2O4,2O4/A and, AA, 205/A alnd AA, 206,2O6/P, 206lA, AA, E, EE, U, UU, 2o8, 2O8/A, 2O9 ar:d 2lO of Kokapet Village, Rajendraragar Mandal, Ranga Reddy District, without following due process of law, as illegal, arbitrary and in violation of the law and consequently prayed for other appropriate reliefs.

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The petitioners are ttre owners and possessors of Villa No. 176, admeasuring 5O0 square yards in the gated community "The Legend Chime Echo" situated in Sy.Nos.21 I , 2ll / A, AA, E, EE, U, UU, RU, RUU, 212/A, AA, E, EE, U, UU, RU,213lA, AA, E, EE, U, UU, RU;192lA to EE, t86lU, 187/U, tgolU, tgl/U, l92lU, 199, 1991A and AA, 2OO,2Or,2O2,2O4,2O4/A and, AA,

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,

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*r,,r;Ylrt^j

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205/4 and AA, 206, 2O6lP, 206/A, AA, E, EE, U, UU, 208, 2O8/A,2O9 and 210 of Kokapet Village, Rajendranagar Mandal, Ranga Reddy District. It is further stated that t-here is existing 40' width road on the west5rn side of Villa of the petitioners to have ingress and egress to their Villa. It is further stated that respondent No.6, without having any right or entitlement, is making constructions by encroaching the road, which is the only source to have ingress and egress to the petitioners' Villa. It is further stated that the petitioners also lodged a complaint against respondent No.6 before respondent No.5 on 28.12.2024. The grievaace of the petitioner is that after receiving the complaint, respondent No.S, instead of conducting enquiry on the complaint, has registered a case against the petitioners and forcing them to enter into a settlement with respondent No.6 as per the terms dictated by him.

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Considered tlee submissions of the learned counsel for the petitioners and the learned Assistant Government pleader for Home, appearing for respondent Nos.l to 5 and with their consent, this writ petition is disposed of at the admission stage. In view of the nature of relief sought for in this writ petition, issuance of notice to respondent No.6 is dispensed with.

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cvB& J Wp_1516_202s

karned Assistant Government Pleader for Home

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appearing for the respondents-police, on instructions, would submit that, acting on the complaint lodged by respondent No.6, a case in Crime No.92 of 2O25 was registered against the petitioners for the offences punishable under Sections 329 (3), 324 (4) read with Section 3 (5) of B.N.S. and the respondentspolice have summoned the petitioners to the police station only for the purpose of investigation in the above crime.

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In view of the above submissions and since it is stated that the petitioners have lodged a complaint, dated,28.12.2O24, this Court deems it appropriate to dispose of this writ petition directing respondent authorities to examine the said complaint if the same discloses any cognizable offence and take appropriate abtion, strictly in compliance with the guidelines issued by the Apex Court in Lalita Kumori a. Statc oJ ttttar Pradeshl. It is made clear that if the petitioners' easmentry rights are being effected, they are at iibert5r to approach the competent civil Court to resolve the disputes. Except following the procedure, the respondent authorities are directed not to

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1 lzor+; z scc r

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CVB& J Wp_t5t6J02s

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interfere with the peaceful possession and enjoJament of the petitioners over the subject propertSr.

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With the above observations, this Writ petition is disposed

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of. There shall be rro o.dl. as to costs.

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7 . As a sequel, the miscellaneous petitions pending, if any, shall stand closed.

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SD/.A.V.S. PRASAD

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ASSI ST REGISTRAR

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//TRUE COPY//

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To, s N OFFICER 1 Secretary, Depa rtment of Ho me, Secreta riat, Hyderabad, state Jif "tfrjB3i rlil,:3frT8il:l:t ' Police, cvberabad Porice commissionerate, Gachi

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t l13"r3335:v^{commissioner of Police, Rajendranasar} at Rajendransar,

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1. The Assistant Commissioner of police, Narsingi at Narsingi. 5. The Station House Officer, Narsingi police Station, Cyberabad. 6. One CC to SRt ABDUL tqBEER, Advocate [OPUC]

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