Gaddapara Narayana Vs The State of Telangana

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[^325s I

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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MONDAY,THE TWENTY SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

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WRIT PETITION NO: 31637 OF 2025

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Between

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Gaddapara Narayana, S/o.G.Eshwaraiah, aged about 47^{years,Occupation} Business, R/o House No. 28-1741111A, Maruthi Nagar, Quthbullapur,^Chintal, Hyderabad.

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...PETITIONER

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AND

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The State of Telangana, Rep. by its Principal Secretary, Home^Department, Secretariat, Hyderabad.

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The Director General of Police, State of Telangana, at^{Lakdi-ka-Pool,} Hyderabad, Telangana.

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The Commissioner of Police, Cyberabad Commissionerate,^Gachibowli, Hyderabad.

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The Assistant Commissioner of Police, Gandipet Division,^Hyderabad. 5. Narsingi Police Station, Hyderabad, Cyberabad, Rep. by its Station^House Officer.

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G. Saritha, Sub-lnspector of Police, Narsingi Police Station,^Sector-lli, Hyderabad.

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Smt. Kotapally Lachamma, W/o Anjaiah, Age 55 Yrs, Occ.^{House hold, R/o} Plot No.34, Girigirigada, Narsingi Village, Puppalaguda, Rangareddy, Telangana - 50008

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B. Panjala Mahesh Goud, S/o, not known to^petitioner, aged^{about45 years,} Occ. Tea stall vendor, Fl/o 2-7611, Narsingi, Puppalaguda,^Rangareddy, Telangana - 50008.

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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 or order or direction, more particularly one in the nature of Writ of [/andamus, declaring the action of the Respondents 1 to 6,^more particularly Respondent Nos.5 and 6 in interfering with the civil disputes, threatening to stop the laMul constructions being made by the^{petitionerand} entertaining the illegal activities by the respondents 7 and 8,^{in respect of the} petitioners property bearing House Nos.7-52151208 and 7-52l5l2og admeasuring

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60 Square Yards each (totalling 120 Sq.yds.) with built up area 180 Sq. Ft. (ACC), situated at Narsingi viilage, Gandipet Mandar, Ranga Reddy District, having a valid construction permission and further action of the respondents 5 and 6 in illegally detaining the vehicles viz., Bharath-Benz lorry bearing No. TSoSuLl 195, JCB bearing No.TG 07N 9627 and crane bearing No. TS15FL5887 which were engaged to work at the aforesaid property, as arbitrary, illegal, and violative of articles 14, 21 , and 300-4 of the constitution of lndia, apart from being violative of principles of natural justice and consequenfly direct the Respondents rot to harass the petitioner and interfere with civil disputes without following due process of law in respect of the above mentioned property and further direct the respondents 5 and 6 to release the aforesaid vehicles detained by them viz., Bharath-Benz lorry bearing No. TSOBUL.I .195, JCB bearing No.TG 07N 9627 and Crane bearing No. TS15FL588Z

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IANO:1O 202s

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Petition under section 151 cpc praying that in the circumstances stated in the affidavit fited in support of the petition, irre nign court may oL pLasJto direct the respondenrs not to interfere in the civil disputes in - respect of the property House No. r-s2rsr21g and 7-s2tsr2og admeasuring 60 Square yards each. (totaling 120 sq.yds.)_with buirt up area iBO sq. rt.'leccl,'iii*tuo ut Na.rsingi village, G::ndipet Mandal, Ranga Reddy District and the fonstruciLns being made thereorr, pending disposal of the main Writ petition

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:2O 25

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Petition under Section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, tne Hign court may o" p6"r"J t" direct the respondents 5 and 6 to forthwith release the vehicles ri=., ghiirtt - Benz lorry bearing rrro TSoSUL1 195, JCB bearing No.TG 07N 9627 and Crane bearing No. TS15FL58B7, pending disposal of the irain Writ petition

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Counsel for the Petitioner: SRl. SRTKANTH KAVETI Counsel forthe Respondent Nos. 1to5: AGp FOR HOME Gounsel for the Respondent Nos.6tog:The Court made the following: ORDER

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THE HONOURABLE SRI IUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.3L537 of 2025

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ORDER:

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Heard learned counsel for the petitioner and learned Assistant Governmer-rt Ileader for Home appearing for respondent^Nos.1 to 5.^With their consent, this rn,rit petition is being taken up for disposal at the admission stage itself.

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This writ petition has been filed seeking the following Prayer:-

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" to declare the actiott of tlrc Respondents 1 to 6 more particularlry Respondenf Nos.5 and 6 in interfering with the ciuil^disputes, tlreataning to stop the lazuful constructions being made hy tlrc petitioner and entertaining the illegal actiaities by the respondents⁷ and 8, in respect of the petitioners property bearing House^Nos.7- 52/5/205 and 7-52/5/209 admeasuring 60 Square^{Yardseach (totalling} 120 Sq.Yds) uith huilt up area 180 Sq.Ft^(ACC), situated at^Narsingi Village, Gandipet Mandal, Ranga Reddy District, haaing a ztalid construction pennission and further action of the respondents 5 and⁶ in illegally detaining the zsehicles uiz., Bharath-Benz lorry bearing No. TS08llLL195, ICB bearing No.TG 07N 9627 and Crane bearing No.TS15FL5887 which were engaged to work at the aforesaid property as arbitrary, illegal and oiolatiae of articles 14,^21. and 300A of^the Constittttion of India apart from being aiolatioe of principles^{of natural} justice and consequently direct the Respondents not to harass the petitioner and interfere with ciail disputes without following^due process of law in respect of the aboae mentioned property^and further direct the respondents 5 and 6 to release the aforesaid aehicles^detained by them aiz Bharath-Benz lorry bearing No. TS08UL'L1-95, ICB^bearing No.TG 07N 9627 and Cranebearing No.TS15FL5887."

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Brief facts stated in this writ petition are that the petitioner^{claims to be} the owner and possessor of House Nos.7-52/5/208 and^7-52/5/2A9 admeasuring 60 Square Yards each (totalling^120Sq.Yds) with^{built up area} 180 Sq.Ft (ACC), situated at Narsingi Village, Gandipet Mandal,^RangaReddy District, having acquired the same through registered sale deed^bearing document Nos.9506 and,9507 of 2022 dated 05.08.2022.^{Thereafter,petitioner} with an intention to raise pucca/permanent^{structure on the subject property}

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2

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have applied for construction perrnission and the concerned authoriiies uide permit order in lriie' No.008059/NRSG/00A12/IABP/25 dated 11.07.2025 granted per:mi:;sion.^"l'he case of the petitioner is that respondent No.8 runs a mobile tea stall on the foothpath adj;rcent to the subiect property and the same is causing nuisr.tnce. F{ence, petitioner on 28.07.2025, rnade a cornplaint and requested the respondent authorities to take action against respondent No.8. Holever, when no action r,vas initiate,cl, petitioner filed suit for injunction i.e., O.S.No.445 of 2.1)25 and the same is pending on the file of III Additional Junior Civil Judge-CuLm-XXV Additional Judicial Magistrate of first class, Ranga Reddy District Furthe'r case of petitioner is that on 10.10.2025, respondent No.7, lodged a complaint alleging tl'rat some person have tried to trespass her property and respor-rdent No.6 registered FIR No.1957 of 2A25 and illegally detained the vr:hicles i.e., Bharath-Benz lorry bearing No. TS08UL11.95,ICB bearing No.TG 07N 9627 and Crane bearing No.TS15FL5887 (herein after referred as^'subject rrehicles') which !,ere engaged to work at the petitioner's subject propert.rz.

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Learnecl counsel for the petitioner submits that respondent No.7 property is sorrren,here else and petitioner is no way concerned with crime in FIR No.1957 of 2025. It is further submitted that inspite of petitioner's request, respondent authorities have not released the subject vehicles. Aggrieved by the same, the present writ petition is filed.

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Learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 5 placed on record instructions issued by Sub-lnspector of Police, Narsingi Police Station, Cyberabad Comrnissionerate, wherein it is stated that on 70.70.2a25,, respondent No.T lodged a complaint, alleging that at

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3

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{jip,i'q@&g!ilffi@ryr'r ., :::P 'i,1"* I^',F -t

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the instigation of one G.Venkatesh Yadav, around 40 to 50 person along with JCB^{vehicle bearingNo.TG07N9627, Cranebearing No.TS15FL5E87and DCM} bearing No.TS08UL1195, trespassed into her land situated at Plot Nos.31 and 32, in Sy.No.205, at Girigirigadda Narsingi Village and damaged the CCTV cameras installed there. On such cornplaint, crime No.1957 of 2025 dated 70.10.2025 rvas registered under Section 329 (3),324 (4) read with 3(5) BNS. During the course of investigation, seven witnesses were examined and their detailed statements were recorded. Thereafter, investigating officer seized JCB velricle bearing No.TG07N9627, Crane bearing No.TS15FL5887 and DCM bearirrg No.TS08UL1195. Thereafter, tfuough inward No.2054 of 2025 dated 77.70.2025 through Form-60, the subject vehicles were deposited before the learned II Additional^junior Civil Iudge Cum XIII Judicial Magistrate of First Class, Ranga Reddy District (herein after referred as'the jurisdictional court').

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Learnc.d Assistant Government Pleader for Home submits that after completion of investigation in Crime No.1957 of 2O25 dated L0.10.2025, appropriate report will be filed before the competent court. [t is further submitted that since the subject vehicles are deposited before the jurisdictional court on77.1,0.2025, unless and until the release order from the jurisdictional court is submitted, the respondent authorities would not be able to release the said vehicle

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At this stage, learned counsel for the petitioner pray this Court to grant liberty to the petitioner to seek appropriate remedy before the^{jurisdictional} court.

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In that vi(:, of the matter, this^{n'rit petition is disprtsed of granting}

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Iibertrr to petitioner to seek appropriate^{remedy as availabler-rnderlar,v before} the jurisdictional court.

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g. ,Vith the above obsen,zrtion,^{this writpetition isdisposedof.}

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Miscellaneous applications, if^{anv petrdiltu, shall stanc-l closecl.No order as to}

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costs.

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SD/. S. MALLIKARJUNA RAO A$S TANT REGISTRAR ,

/TRUE COPY//

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Secnoru oFFtcER

To,

1' The Princioar gs6,.1ary, Home Department, Secretariat, T.S.,Hyderabad. at^{-Lakdi-ka-poor,}

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: I?:"Bf:3:"+"ffi,TX'^{tI i'ir[", stiiu ''oi-iullnsunn,} 3' Il!"r:fitrission5r of Police, cvberabad commissionerate, Gachibowti, 4- The Assistant commissioner of poric^e,,Gandipet Division, Hyderabad. 5. The Station Hous^e Oifrcer, flarsingi eoliie Stltidnl'5yderabid, Cyberabad, o one cc to SRL lBlgNtH KAVEn.;;;#i; fdpucl FoR rlonr'r',uish ffi'r iil"ti,u State or retangana at

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