Petitioner sought mandamus restraining police from evicting him from Plot No. 73 at the instance of a cooperative society, relying on an interim injunction in O.S. No. 281 of 2016 which had since lapsed on dismissal of the suit for default. The court directed police not to interfere except in accordance with law and disposed of the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
13217 |
HIGH COURT FOR THE STATE OF TELANGANA ATHYDERABAD (Special Original Jurisdiction)
TUESDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENW FIVE
PRESENT
THE HONOURABLE SRI JUSTICEN.TUKARAMJI
WRIT PETITION NO: 6512 OF 2018
Between:
Ch Sudhakar Raju, S/o. PoornachandraRaju, Ag_ed gbou!.f.6y.gals, Occ: Business, R/o.Flat No.C3, Parkside Residency, RoadNo.S, Banjara Hills, Hyderabad.
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of theConstitutionof lndia prayingthat in the circumstances stated in the affidavit filed therewith,the High Court may be pleased to issue a writ, order or direction,particularly one in the nature of Writ of Mandamus, declaring the action of the respondents2 to 6in seekingto evict the petitioner from the possession of Plot bearing No.73 admeasuring 700 sq. yards situated in Old Sy.No.403/1 of Shaikpet villageand New Sy.No.120and102111 ot Hakimpet, Ward No.8, Block No.2 consisting ofroom and10 thatched huts at the
instance of the 7th respondent as illegal,arbitraryand contrary to ordersin lA.No.152 of 2016 in OS.No.281 of2016 and consequentlydirect the respondents 2 to 6 not to take any steps for dispossession ofthe petitionerfrom the possession and enjoyment of the petitioner and his men inpossessionin respect of the aforesaidproperty.
IA NO: 1 OF 2018
Petition under Section 151 CPCpraying that in thecircumstances stated in the affidavit filed in support of thepetition, theHigh Court may be pleased to direct the respondents 2 to 6 not to take anysteps for dispossessionof the petitioner from the possession and enjoyment of the petitioner and his men in respect of the aforesaidproperty, pending disposal of the above writpetition.
lA NO: 2 OF 2018
Between:
Jubilee Hills Cooperative House Building Society Ltd., Jubilee Hills,Rep. byits Secretary Hanumanth Rao.
...PETITIONERYRT
AND
...RESPONDENTS/RESPONDENTS
petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in supportof the petition, the High Court may be pleased to vacate the interim order dated26.02.2018in lA No.1 of 2018 in WP No. 6512 of 2018.
lA NO: 3 OF 2018
Between:
...PETITIONER/RESPONDENTNo.1 to6
AND
.. RESPONDENT/PETITIONER
.. RESPONDENT/RESPONDENTS
Petition under Section 151 CPCprayingthat in the circumstancesstated in , *.; th€ affidavit.filed in support of thepetition, theHigh Court may be pleasedto interim;;orders passed in lA No.1l2O18 inWP No.651212018 dated
.! Codnsel fo? the Petitioner : SRI A PRABHAKARRAO Counsel forthb Respondents No. 1 to6: SRI D. PRADEEP, AGPFOR HOME . ,Counsel for,the'Respondents No.7 : SRI RAVI KUMAR PAMlDl, eP., SRI C.V.R.RUDRA PRASAD
The Court made the following: ORDER
THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No. 6512 OF 2018
ORDER
This Writ Petition is filed under Article 226 of the Constitution of
lndia seeking the following relief:
'... to r'ssue a writ, order or direction, pafticulady one in the nature of Writ of Mandamus, declaring the action of the respondents 2 to 6 in seeking to evict the petitioner from fhe possession of Plot bearing No. 73 admeasuring 700 sq. yards, situated in Old Sy. No. 403/1 of Shaikpet village and New Sy.No. 120 and 1021/1 of Hakimpet, Ward No. 8, Block No. 2 consisting of room and 10 thatched huts at the instance of they'h responden[ as illegal, arbitrary and contrary to orders in tA No. 152 of 2016 rn OS No. 281 of 2016 and consequently direct tlrc respondents 2 to 6 not to take any sfeps for dispossession of the petitioner from the possession and enjoyment of the petitioner and his men in possession in respect of the aforesaid property and to pass such other order or orders..."
)
NTR, J W.P. l\to. 6512 of 2018
petitioner from possession of the plot at the instance of the unofficial respondent is baseless. He further submits that the contention that such action is contrary to the interim injunction order passed by the Civil Court in O.S. No. 281 of 2016 is unfounded. lt is also submitted that, if there was any interference by the police authorities, the proper remedy available to the petitioner was to approach the concerned Civil Court for appropriate directions, and that seeking such relief under Article 226 of the Constitution of lndia is not maintainable. Hence, he prays for dismissal of the writ petition.
J
NTR, J W.P. No. 6512 ot 2018
Pending miscellaneous applications, if any, shatl standclosed.
Sd/- A. JAYASREE ASSTSTANT R!€TSTRAR /ffRUE COPY// (9 SECTION OFFICER
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HIGH COURT
DATED:1811112025
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ORDER
,WP.No.651 2 of 2018
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* *
(I
..DISPOSING OF THE WRIT PETITION 'I.WITNOUTCOSTS
2 issues framed by the court
Whether police respondents could be restrained from evicting the petitioner from the subject plot in a civil possession dispute.
Whether relief under Article 226 was maintainable when the suit and interim injunction had been dismissed/lapsed.
1 provisions across 1 enactments
Ch Sudhakar Raju
The State of Telangana, Rep. by its Principal Secretary, Home Department
The Commissioner of Police, Hyderabad City
The Deputy Commissioner of Police, West Zone, Hyderabad
The Assistant Commissioner of Police, Banjara Hills Division
Jubilee Hills Cooperative House Building Society Ltd., Rep. by its Secretary Hanumanth Rao
N.Tukaramji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
