THE HON'BLE SRI JUSTICE C. V. BHASKAR REDDY
WRIT PETITION NO.30691 OF 2023
ORDER:
The writ petition is filed seeking following relief: "......to issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent herein and his subordinates in interfering with life and personal liberty of the petitioners by way of calling them to the police station by way of directly interfering with possession of the petitioners over land bearing Sy.No.29 admeasuring Ac.1-34 Gts situated at Begumpet Village, Balanagar Mandal, Medchal-Malkajgiri District and also threatening the petitioners with dire consequences of implicating in false criminal cases is illegal arbitrary unjust unconstitutional and in violation of principles of natural justice and also violative of Articles 14 21 and 300A of Constitution of India and consequently direct the respondents not to interfere with possession and enjoyment of the petitioners over subject land without following due procedure as contemplated under law......"
2. The case of the petitioners is that they are the lawful owners and possessors of the land admeasuring Ac.1-34 guntas in Sy.No.29 situated at Begumpet Village, Balanagar Mandal, Medchal-Malkajgiri District. It is the further case of the petitioners that one Riyaz Khan filed a suit vide O.S.No.901 of 2014 on the file of the II Additional District Judge, Ranga Reddy District at L.B.Nagar, for seeking declaration of title and recovery of possession in respect of 2 the said land and the same was decreed vide judgment, dated 23.06.2015 declaring that the plaintiff therein as owner of 1/8th share in the schedule property and defendant No.1 is directed to deliver possession of the property to the plaintiff by removing the structures, if any.
3. The grievance of the petitioners is that at the instigation of defendant No.1, the respondents-police are frequently summoning the petitioners to the police station and forcing them to enter into compromise as per the terms dictated by defendant No.1 in the said suit and also restraining them from enjoying the said property.
4. Learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 6 submits that the respondents-police are not interfering with the possession of the petitioners and if any complaint is received against the petitioners, the respondents would take appropriate steps in accordance with law.
5. In view of the above submissions, this Court, deems it appropriate to dispose of the writ petition directing 3 respondent No.4 not to interfere with the life and liberty of the petitioners in any manner, except in accordance with law. However, if the presence of the petitioners is required for the purpose of investigation, the respondents-police are directed to follow due process of law. However, this order does not prevent the lawful owners or any other parties, who are having right and title over the subject property claimed by the petitioner in this writ petition from enjoying the property, in any manner.
6. With the above observation, this writ petition is disposed of. No order as to costs.
7. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.
________________________ C.V. BHASKAR REDDY, J Date: 06.11.2023 SUS