M/s Thopudu Bandla Chiru Vyaparula Sangam Vs The State Of Telangana

tr/is THOPUDU BANDLA CHIRU VYAPARULA SANGAM,^{registeredbefore the} Registrar of Societies under Registration^{No.1221 of 2018, rep by its Pre-sident Smt.} Katlkam Sunitha, Wo K. Asho[, aged^{50 years,R:/oH. No .9-50/2112, CPI Colony,} Balaii Nagar, Jawahar Nagar, JJ^{Nagar Colony,Hyderabad- 500 087, Medchal-} trilalkajgiri District, Telangana State

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...PETITIONER

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AND

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1 The State Of Telangana,^{Rep by Principal Secretary, Home Department,} Secretariat, Hyderabad

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2

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The Commissioner of Police, Cyberabad^{Commissionerate.}

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3 The Station House Officer, Shamirpet^{Police Station, Medchal-Malkajgiri} District.

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...RESPONDENTS

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Petition under Anide 226 of the Constitution^{of lndia prayingthat in the} circumstances stated in the affidavit^{filed therewith, the High Court maybe} pleased to issue a Writ, Order or direction more^{particularlyone in the nature of} WRIT OF MANDAMUS declaring^{the action of the respondents involvingin the} civil disputes, trying to dispossess^{andharassingthe membersof petitioner's} society by calling to the^{police stationand detaining them without followingdue} procedure as illegal, arbitrary, unconstitutional,^{violativeof principlesof natural} justice and violative of Article 21 of the constitution of lndia^{andconsequently} direct the respondents not to^{involve in civil disputes, harassthe petitioners} without following due^{procedure as contemplated under law.}

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lA NO: 1 OF 2024

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Petition under Section 151 CPC praying that in the circJ nstances stated in the affidavit filed in support of the petition, the High Court may I e pleased to direct respondents not to involve in the civil disputes and not to hil,ass the petitioners society members by calling to the police station Without follow r g due procedure of law, pending disposal of the Wiit Petition.

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Counsel for the Petitioner : SRI J.K.RANJIT KUMAR

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Counsel for the Respondents: ASST. GP FOR HOME

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The Court made the following: ORDER

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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THE HONOURABLE SRI WSTICE N.V.SHRAVAN KTIMAR

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WRIT PETITION No.192E7 of 2o24

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DATE OF ORDER: O9.L2.2O25

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Between:

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M/s Thopudu Bandla Chiru Vyaparula Sangam^{registered before} the Registrar of Societies under Registration No.1221 of²⁰¹⁸ represented by its President Smt. Katakam Sunitha.

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...Petitioner

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AND

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The state of Telangana, represented by Principal Secretary, Home Department, Secretariat, Hyderabad and two others

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.,.Respondents

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ORDER:

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Heard learned counsel lor the petitioner and^{learned Assistant} Government Pleadcr for Home appearing for respondent^{Nos.1 to 3.} With their consent, this writ petition is being taken up^{for disposal.}

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This writ petition is filed questioning the action of^the respondents involving in the civil disputes, trying to^{dispossess and} harass the members of the^{petitioner'ssocie[r by calling to t]re police} station and detaining them without^{following due procedure as being} illegal, arbitrary, unconstitutional,^violative of^{principles of natural} justice and violative of Article 21 of the Constitution of Indra and seeking a consequential direction to respondents^{not to involve in civil}

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E

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2

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disputes, harass the petitioner without tollowing lue procedure as contemplated under law.

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Learned Assistant Government pleader appe I .ing for Home has placed the written instruction submitted by th,. Sub_lnspector of Police, Shamirpet Police Station, cyberabad commr sionerate wherein it is submitted that 3rd respondent is not involvirr 1 in civil disputes and not trying to dispossess the petitioners and rot harassing the members of the petitioner,s societ5r. It is submitted Iiat Crime No.361 of 2023 dated O3O9.2023 one D. Kumar, Girci rar of Shamirpet Mandal, Medchal-Malkajgiri District has giv:r t:omplaint on o3.o9.2o23 stating that on o3.og.2o23 at aroun. o7:30 hours the villagers of Upparapally vilage, Shamirpet Mandal r ave informed that around 200 members were illegally encroached thr: land in Sy.No.g37 of Shamirpet which belongs to Government, in ttrrs regard as per the instructions of Thahsidar, Shamirpet Mandal, whil: he was inspecting the land in Sy.No.837 of Upparapaly is observed or r flex1y inscribed as "Thopudubandla Chiruryaparula Sangam,, register: I No.1221 of 2Olg and about 20O members erecting huts in the sar<l and while he was causing enquiries meantime the said persons at1( mpted to kill him with darrgerous weapons, forLunately he escaped f om their clutches and sought for necessary action against the encro I :hers and persons who attempted to kill the said D. Kumar. It is fur_t er submitted that based on the contents and description of complai-,, the Inspector of Police registered a case in F.I.R.No.36 | of 2023 I r cler Sections 447,

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3

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I I

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427, 3O7, 353 read with 34 of IPC and Section 3 of PDPP^{Act and} investigation is entrusted to S.I of Police and during the^{course of} investigation, A-1 Katakarn^{Ashok was} arrested on^{O4.O9.2O23arrd,} sent to^judicial custody. The^{Sub-Inspector of Police served41-A} Cr.P.C notices to A-2 to A-5 on^{18.OL.2O24. After completionof} investigation, charge sheet^{was frled before the Hontrle VII Additional} Metropolitan Magistrate at Medchal, Cyberabad on^{31.01.2024 vide} C.C.No.158 of 2024 and it is^pending trial. It^{is submittedthat except} conducting investigation in the above^{crime,the 3'd respondentdid} nol interlere into any civil disputes^{and did not try to dispossessthe} petitioner and did not harass the members of^{the petitioner'ssociet5z.}

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Learned Assistant Government Pleader^{appearing for Home} fairly submits that petilioner is thc President^{of the petitioner'ssociely} however, some of the members o[ the^{petitioner's society are arrayed} as accused in the said crime.

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In that view of the matter, this writ^{petition is disposedof with} consent directing the members of^{thepetitioner's society who are} arrayed as accused in Crime^No.361 of 2023 of Shamirpet Police Station to co-operate with the^{investigationand respondent} authorities to follow due^procedure as^{contemplatedunder law for} further course of action.

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