Vishnu Sharma Vs The State of Telangana

[\tlrs. S. Rama, W/o M. Satish Kumar, Aged about 48 years, Occ: Business, H.No.21-7-85 to 87, Ground Floor, Opp: Suraj Bhavan, Ghansi Bazar, Hyderabad-500002.

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...RESPONDENTS

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Petition under Article 226 of the 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 particularly one in the nature of Writ of lt/andamus declaring the inaction of the Respondent No.4 in implementation of the order of the Honble Vlll Junior Civil Judge, City Civil Court, Hyderabad in LA. No. 91912022 in OS No. 406512022 dated 30/09/2024 as iilegat, arbitrary and contrary to the spirit of the order passed by the Honble Vlll Junior Civil Judge, City Civil Court, Hyderabad in l.A. No. 1198/2024 in t.A. No. 91912022 in OS No. 406512022, dated-30/10/2024 and consequently direct the Respondent No.2 and 3 to enforce and implement the order of the Honble Vlll Junior Civil Judge, City Civil Court, Hyderabad passed in l.A. No. 91912022 in OS.No. 406512022 dated 30/09/2024 and I.A. No. 119812024 in l.A. No. 91912022 in OS.No.4065/2022 daled 3Ol 1012024 through Respondent No.4

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lA NO: 1 OF 2O25

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Petition under Section 1s1 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 No.4 to consider the representalion of the fetitioners, dated: 2309-2025 immediately, pending disposal of the writ petition

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Counsel for the Petitioners: SRl. MOHD MUZAFFER ULLAH KHAN

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Counsel forthe Respondent No. 1 to 4: Gp FOR HOME

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Counsel for the Respondent No. 5: --

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The Court made the following: ORDER

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THE HONOURABLE SRI IUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.30442 of 2025

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ORDER:

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Heard learned counsel for the petitioners and learned Assistant Government Pleader for Horne appearing for respondent Nos.1 to 4. With their consent this writ petition is taken up for disposal at the admission stage itself.

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This writ petition is filed seeking following prayer:-

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"to declare the inactiott of tlu' Respondent No.4 in implementilion of the order of the Llonble V[il Junior Ciuil ludge, City Ciail Court, Hyderabnd, in t.A No.919 of 2022 in OS No.4065 of 2022 dated 30.09.2024 as illegnl, nrbitrnry and contrnry to the spirit of the order passed by the Honble VIU lwtior Ciail ludge, City Ciail Court, Hyderabnd, in t.A No.1198 o.f 2024 in I.A No.919 of 2022 in OS No.4065 of 2022 dnted 30.10.2024 and consequently direct the Respondent No.2 and 3 to enforce and implement the order of^the Hon'ble VlIl lunio,^gipil ludge, City Ciztil Couit, Hyderabad, passed in in I.A No.919 of 2022 in OS No.4065 of^2022dnted 30.09.2024 and I.A 1"1o.1198 of 2024 in t.A No.9L9 of 2022 in OS No.4065 of 2022 dnted i0.10.2024 tlrough Respondent No.4.'

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Brief facts statecl in this writ petitiorl are that petitioners^{claims to be} owners and possessors of I't floor^anc{ two^{shops on the ground floor of the} House property bearing M.No.21-7-85 to^{87, situated} at^{Ghansi Bazar,} Hyderabad. It is further submittecl that^respondent No.5^{is tryingto interfere.} with the petitioners' peaceful possession over the subject property,^hence, petitioners filed O.S.No.4065 of 2022,^{anclth<: VIII} Junior^Civil Judge,^{City Civil} Court, Hyderabad (herein after refcrrecl^{as 'I'rial Court'), oide order tlated} 30.09.2024 in I.A.No.979 <tf 2022 it't^{O.S.No.4065of 2022,resh'ainedthe} respondent No.5 irom intcrfering with the petitioners'^{peacefulposscssion}

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-^x

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over^{the subject} ProPerty.^{lnspite of the aforesaicl} orrlcr, on 30.09.2024, respondent^{No.5 interferedwith the petitioners'} peaceful possession over the subject^{property,hence,petitioner filed I.A No.1198} of 2024 in I.A No.919 of 2022^{in OS No.4065 of 2022 and} the trial Court uide order dated 30.1.0.2024, directed^{the StationHouseOfficer,Hussaini} Alam Police Station, to implement order^{dated 30.09.2024in I.A.No.919} of 2022 in O.S.No.-1065 of 2022. The case oi th"^{petitionersis that.on 19.11.2024} and 23.09.20?5. petitioners' made representations^{and requested responclent} authorities to implement order dated^{30.09.2024in I.A.No.919} of²⁰²² in o.S.No.4065 of 2022, however, the salne^{is not considered.Aggrievedby} the same, this writ pe'tition is filetl.

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Learned counsel for the petitioners pray this Court to direct the respondent^{authorities to ccnsider} the petitioners' ropresentations dated 19.11.2024^{and23.09.2025 and take} action against respondent No.5.

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Learned Assistant Government Pleader for Homr: pray this Court to pass apPropriate^orders.

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Recording the submissions made bv the learned crrrrnSel appearing on either side,^{withoutexpressing} any opinion on the merits of the case and since the trial court^aide order dated 30.70.2024 in I.A No.1198 ct 2021in I.A No.919 of 2022 in OS No.4065 of 2022, directed the Station Housc Officer, Hussaini Alam Police Station, to implement order dated 30.09.20241>assecl in I.A.No.919 of 2022 in O.S.No .4065 of 2022, this Court deems it apprcrpriate to ciispose of the^writ petition directing the respondent authorities to corrsider petitioners,

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representations dated 79.71-2024 antT 23.09.2025 ancl take appropriate action

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strictly in accordance with law

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7' with the above directions, this writ petition is disposed of Miscellaneous applications, if any pending, shall stand closed. No order as to