Khethavath Ghamsamma Vs The State of Telangana

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[³¹⁶⁶ I

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

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THURSDAY, THE^{TWENTY FOURTH DAY OF JULY} TWO THOUSAND AND TWENTY^FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE^T.VINODKUMAR

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WRIT PETITION NO: 21390 OF²⁰²⁵

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Between:

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1 Khethavath Ghamsamma,^{Wo- Late[Vladya Nayak, aged aboutBB years, Occ} fioui"*ife, R/o. Cheruvumundali^{Thanda, BLirahanpurVillage, Bomraspet} Mandal, Vikarabad District.

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2 lslavath Jimmi Bai, W/o. Late,^{Bhikya Naik, aged about55 years, Occ House} wife, R/o. Cheruvumundali Thanda,^{BurahanpurVillageBomraspetMandal'} Vikarabad District.

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...PETITIONERS

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AND

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The State of Telangana, Rep^{by its PrincipalSecretary, Home Department,} Secretariat, Building at Hyderabad.

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2 The Superintendent of^{police,Vikarabad, VikarabadDistrict.}

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3 The Deputy Superintendent of^{Police, Parigi, Vikarabad District'}

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4 The Station House Officer,^{P. S. Bomraspet,BomraspetMandal, Vikarabad} District.

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E K. Buddi Bai, Wo Late. Devula^{Naik Aged73 Years, OccHousewife,R/ o'} Cn"rrur111rnilrli Thanda, Burahanpur^{Viilage, Bomraspet Mandal, Vikarabad} District.

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6 K Bandva Naik. S/o Late Hariva Aqed^{72 Years,Occ AgricultureR/o} Cheruvurirundali Thanda,^{BurahahpurVillage, Bomraspet 1t/andal, Vikarabad} District.

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7 K. Sevva Naik. S/o,Late Hariva^{Naik,Aged 70 Years' Occ Agriculture, R/o} Cr,1"*"l111rnoiti ltrbnoa,^{Burihanpur Viiiage, Bomraspet Mandal, Vikarabad} District.

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K. Jamli Bai, W/o Late Ramu^{Naik, Aged about 70 Years, Occ Housewife,} R/o. Cheruurrundali^{Thanda,Bura6anpurVillage,BomraspetMandal'} Vikarabad District.

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I K.Bheemla,S/oLateSomla,NaikAgedabout64Years,OccAgridu.lture'R/o Cr,eirrurrhorii Tnanda,^{BLirahanprirVillage, Bomraspet Mandal, Vikarabad} District.

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'10. K. Hanmya, S/o Late Somla, Naik Aged about 7-0 Years, Occ Agricu.lture, R/o - Cf,eturu,i1rndali Thanda, Burahanp"ur Village, Bomraspet Mandal, Vikarabad District.

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'1 1. K. Pandu, S/o Late Somla Naik Aged about 62 Years, Occ Agricult.Yre,^R/o C6erurrmundali Thanda,^{Burahan"pur Villagje, Bomraspet Mandal, Vikarabad} District.

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K. Bhoiva, S/o Late Somala,^{Naik Aged abput 60 Years, Occ Agricu.lture,R/o} - Crl"ir,jiniunJati-i6anoa, Burahanp"ur Village, Bomraspet tirlandal, Vikarabad District.

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, ...RESPONDENTS

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Petition under Article²²⁶ of^{lhe Constitution of lndia praying that in the} circumstances stated in^{the affidavit filedtherewith,the High court may be} pleased to issue a writ order or direction more^{particularly one in the nature of} wRlT oF MANDAMUS declaring^{the action of the Respondent No.4 is illegal,} arbitrary and violation of Principles^{of Natural Justice and violation of Article14,} 21, 300A of constitution of^{lndia and consequently direct the respondent No' 4} not to interfere with the^{possession of the petitioner in respectof Iand in sy. No.} 248tAA2 to an extent of Ac 3-01^{guntas, situatedat cheruvumundaliThanda,} Burahahpur village, Bomraspet^{Manda[,VikarabadDistrict-}

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lA NO: 1 OF 2025

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Petition under Section 151 CPC^{prayingthat in the circumstances stated} in the affidavit filed in support of the^{petition,the High court may be pleased to} direct the respondent No.^{4 not to interfere with the possessionof the petitioner} and not to^protect the acts of the^{respondent No- 5 to 12 the land in Sy' NO'} 248tAA2 to an extent of Ac^{3-01 guntas, situatedat cheruvumundaliThanda,} Bomraspet Mandal, Vikarabad District,^{till disposal of the writpetition.}

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Counsel for the Petitioners: SRI S.R.SANJEEV^KUMAR

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Counsel for the Respondent No.1 to^{4: GP FORHOME}

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The Court made the following: ORDER

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i::';i

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THE HON'BLE SRI ]USTICE T. VINOD KUMAR

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Writ Petition No.21390 ot 2O25

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ORDER

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Heard Iearned counsel for the petitioners, learned Government Pleader for Home appearing for respondent Nos.1 to 4, and with the consent of the learned counsel appearing for the pafties, 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 Court is of the view that notice to unofficial respondent Nos.5 to 12 is not necessary for adjudication of the present Writ Petition.

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The case of the petitioners, in brief, is that, the 4n respondent is interfering with the petitioners' possession over land admeasuring Acs.3.01 guntas in Sy.No.24BlAA2 situated at Cheruvumundali Thanda, Burahanpur Village, Bomraspet Mandal, Vikarabad District, at the behest of the unofficial respondents, which is sub judice before the competent Court of Civil^{jurisdiction,} which action oF the respondents-authorities it is contended as highiy illegal, arbitrary and without authority/sanction of law.

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Per contra, learned Government^pleader for Home appearing cn behalf of respondeflt Nos.l to 4, while denying the writ averments, would

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submit that the 2nd petitioner herein had approached the respondentsauthorities and lodged a complaint on 02.07.2025 against the unofficial respondents herein.

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Learned Government Pleader further submits that the respondentsauthorities, on receiving the aforesaid complaint, have made a GD entry and caused preliminary enquiry, and during the course of preliminary enquiry, since, it is noticed that there exists a dispute between the petitioners and the unofficial respondents in relation to the subject land, which is the subject matter of a suit, vide O.S.No.2B of 2025, the respondents-authorities have closed the aforesaid complaint as 'civil in nature' on the same day i.e. on 02.01.2025, and also issued intimation to the 2nd petitioner herein informing her of the action taken thereon.

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Learned Government^pleader further submits that the respondents_ authorities, except causing preliminary enquiry into the complaint lodged by the 2nd petitioner, have neither visited the subject land, nor intefered in the civil dispute that may exist betvveen the petitioners and the unofficial respondents. or with the alleged possession of the petitioners over the subject land being claimed by them, and the aforesaid allegations are made only to cause prejudice to the respondents-authorities.

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7 . The aforesaid submission made by the learned Government Pleader for Home appearing on behalf of respondent Nos.1 to 4 is taken on record.

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B. In view of the aforesaid submission and having regard to the fact that the 2nd petitioner herein had approached the respondents-authorities on 02.07.2025 by lodging a complaint against the unofficial respondents herein and after causing preliminary enquiry, having closed the said complaint as'civil in nature'on the same day, this Court is of the view that the respondents-authorities are to be directed not to interfere in the civil dispute that may exist between the petitioners and the unofficial respondents herein, except in the event of any issue arising attracting the provisions of the Criminal Procedure Code warranting initlation of action exercising powers under BNSS and Police Act.

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