Vuppapati Prabhakar Rao Vs The State of Telangana

VUPPAPATI PRABHAKAR RAO, S/o. Late V. Kumara Swamy Aged about 76 years, Occ, Retired Government Employee, R/o. H.NoJ23-7-27 6 to 285, f\rlettuguda, Lalaguda, Secunderabad 500 017. Telangana State.

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VUPPAPATI SUDHAKAR RAO, S/o. Late V. Kumara Swamy Aged about 74 years, Occ. Retired Government Employee Rio. H-No. 123-7 -27 6 to 285, l\iilettuguda, Lalaguda, Secunderabad 500 017., Telangana State. (petitioner land 2 are Rep by GPA Holder , Petitioner No.3 )

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VUPPAPATI RAI,'IESH, S/o. Late V. Kumara Swamy Aged about 65 years, Occ. Retired Government Employee. R/o. H.No. 123-7 -276 to 285, I,4ettuguda, Lalaguda, Secunderabad 500 017. Telangana State.

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.....PETITIONERS

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AND

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'1 . The State of Telangana, Represented by its Principal Secretary, Home Department, State Secretariat, Hyderabad.

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The Director General of Police, Government of Telangana, Saifabad, Hyderabad.

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The Commissioner of Police, Hyderabad City, Tower A, ICCC Building, Road No.^'12, Banjara Hills. Hyderabad 500 034.

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Dy. Commissioner of Police, Hyderabad East Zone,2118, l,4oosarambagh Road, Amberpet, Hyderabad 500 013.

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Asst. Commrssioner of Police, Chilkalguda Drvision, Boudha Nagar Community Hall, Secunderabad.

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The Station House Officer, Chilakalguda Police Station, Secunderabad.

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Shaik Masthan, S/o. Kalesha Vali, Aged IVIajor, Occ. Not Know to the Petitioner, R/o. Plot No.72, Anjum Cottage, Kamalapuri Colony, lllPhase, Road No. 2. Banlara Hills, Hyderabad.

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I,4allempati Sridhar, Sio. [t/. Narasimha Rao, Aged about 59^years, Director, Vidyasthali Education and lnfra Developers LLP., Rio. H.No. 15-13/154N205,

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Vijayaraghal'a Towers, Bank Colony, Near TDP office, Khammam Urban, Khanapuram Havei (Rural) Khammam - 507 002, Telang;:na State.

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.....RESPONDENTS

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Petition Under Article 226 of lhe 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 particutarly one in the nature of a Writ of Mandamus a) Declaring the action of the Respondent Nos.^'1 to 6 in interfering with the civil dispute pertaining to the property at Municipal No. 12-7276 to 285, Mettuguda, Secunderabad, and threatening to dispossess the Petitioners therefrom, as evidenced by their actions on 09.07 .2025, as being illegal, arbitrary, without^{jurisdiction,} contumacious, and u nconstitutiona I b) Consequently, direct the Respondent Nos.1 to 6, their subordinates, and agents not to interfere in any manner with the peaceful physical possession and en.ioyment of the Petitioners over the said property c) And further direct the Respondent Nos. 1 to 6 to provide adequate police protection to the Petitioners to safeguard their settled and long-standing possession of the said property from any illegal attempts of trespass or forcible dispossession by Respondent Nos.7 and B, their associates, or any other persons claiming through them.

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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 Nos.1 to 6 to provide necessary and adequate police protection to the Petitioners to safeguard their settled possession of the said property from any illegal attempts of trespass or forcible dispossession by the private Respondents No. 7 and 8 or their associates.

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l.A.NO:2 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 Nos. 1 to 6, their subordinates, and agents not to interfere with the peaceful physical possession and enjoyment of the Petitioners in respect of their House property bearing Municipal No 12-7-276 to 285, Mettuguda,

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Secunderabad, and further direct them to refrain from taking any steps, coercive or otherwise, to pressurize or compel the Petitioners to vacate the said property.

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Counsel for the Petitioners : SRI KARTHIK MADHANU

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Counsel for the Respondent Nos.1 to 6 : GP FOR HOME

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Counsel for the Respondent Nos.7 & 8 : --

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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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W.P.No.2Ol29 of 2025

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ORDER

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Hcard learnc'd counsel for the petitioners, learned Covernment Pl,:ader for Home appearing for respondent Nos.1 to 6, and s ith their consent, the Writ Petition^is taken^{Lll) for hearing} and disposal at a<lmission stage.

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Having regard to the manner of disposal of the ivrit petition and the nature of 1l.s involved, this Court is of the vieu that notice to thc r-rnoffic ial respondent Nos.7 & B is not rrt'cessary for ad.judic:ation ol'thc present Writ Petition.

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Thc case ol tht: petitioners, in brief, is that respondent Nos. 1 to 6 :rrc intcrfering in civii disputes that exist bctween the petitioners ancl ttre unofficial respondents herein, in spite of the ln petitioners having obtained an order originalll, OS.No.332/20O6, s,hich order has been partly confirmed by the Appeilate Court in AS.No.156 l2OOB, which aclion of the responde nts it is contended as highly illegal and arbitlzrry

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Per contra, learned Gorrernment Pleader appearing on behalf of respondents-authorities u,ould submit that the 3rd petitioner herein had approached the respondents-authorities and lodged a representation/complaint, dt.28.06.2025, alleging trespass by unofficial respondents herein, and based on the aforesaid complaint, the authorities have registered a case uide Crime No.322/2O25 and took up investigation there into, wherein the unofficial respondents are arrayed as accused.

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Learned Government Pleader further submits that since, the 3rd petitioner while lodging the aJoresaid complaint, on the basis of which the aforesaid crime is registered, had claimed himself to be thc owner and in possession of the subject land, ancl the unoflicial respondents herein having trespassed there into, the authorities have issued notice under Section u/ Ss.94, 179 of BNSS calling AS upon the Jra petitioner to produce information/docume nts noted therein for the authorities to conduct investigation into the aloresaid crime registered.

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Learned Government Pleader further submits that if only the 3(r petitioner, who claimed himself to be the owner and possessor

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of the subject land and on whose complaint the irforesaid crime has been regis,tered, had submitted information zrs sought for in the notice issuecl under Section 94 / 179 of BNSS, the same r,vould lacilitate tl-re respondents-authorities to investigate into the aforesaid crime registered.

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Learned^(lovernment Pleader lurther submits that the petitioners in stt'i,rd of furnishing the aforesaicl information/ documents, on^,ur'hich they intend to place reliance in support of their claim m:rdc in the aforesaid complaint lodgr:d ^/ith the 6th respondent. h.rd filed the present Writ Petition b1, making ialse and baseless allegations of the respondents-authorities interfering in the civil disputcs.

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Learncd^{(ior,,ernment} Pleader further submits that if only the 3.1 petitioncr sr-rlrmits information/documents in relation to the subject propertl in his possession as claimed, including the orders, if anr', passed b1' the competent Civil Court, the authorities u,ould conrluct investigation into the aforesaid crime registered against the ur-ro{'licial respondents herein and take lurther action.

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The aforesaid submissions made by the learned Government Pleader lor Home is taken on record.

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Having regard to the submissions made as above, and since, it is now stated before this Court that based on the complaint made b1, the 3.a petitioner herein, the respondents authorities having registered a case uide Crime No.32212025, dt.28.O6.2O25, and in connection therewith, the authorities having issucd notice u/Ss.94, 179 of BNSS, calling upon the 3rd petitioner to submit varrious documents mentioned therein, including the Court decrees/orders if any, this Court is of the view that mere issuance o[ notice under Sections 94, 779 of BNSS itself would not amount to the respondents-authorities interfering in the civil disputes, as the authorities are required to conduct investigation into the aforesaid crime registered based on the complaint made by the 3.d petitioner herein alleging trespass committed by the unoflicial respondents herein, who are arrayed as accused in the aforesaid crlm e.

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Since, the respondents-authorities by issuing notice under Section 94, 179 of BNSS having called upon the 3.d petitioner to

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submit explanatiolr /^documents as noted therein,^{this Court ts of} the vieu, that the 3rl^petitioner should be directed to furnish^the relevant informa tion /^d ocuments in his custody in rr:lation to^the subject^propert-. being claimed by him, for the authorities^to conduct^{investig,.rtion} into^Crime No.322/2025,^{dt.28 06.2025.}

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It^is further^{made clear} that^{since, based on the} complaint of the 3*r^petitione r, the^{respondents-authorities} having^registered the subject crime, this Court is of the view that on the 3.d petitioner furnisl-ring the inlormation/ documents, which are in his possession, the respor-rdents-authorities are directed to examine the same and takc further action by conducting investigation into the aforesaid^{crirne registered,} strictly in accordance rvith^iarn,.

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