THE HONOURABLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT PETITION No.25628 of 2023
O R D E R:
This Writ Petition is filed seeking the following relief:
"......to pass an order direction or a writ particularly in the nature of Writ of Mandamus declaring that the action on part of the respondent No.3 in interfering into disputes of civil nature in between the petitioner and the revenue authorities in respect of petitioner's property i.e., all that agricultural land admeasuring Ac.09.05 guntas in Sy.No.626/2, situated at Shamshabad Village, Shamshabad Mandal, Rangareddy District, without follow the due process of law, is highly illegal, arbitrary, in violation of principles of natural justice and unconstitutional violating Article 300-A of the Constitution of India. Consequently, this Honourable Court may be pleased to direct the respondents No.3 not to interfere into disputes of civil nature in between the petitioner and the revenue department, in respect of land of the petitioner i.e., all that agricultural land admeasuring Ac.09.05 guntas, in Sy.No.626/2, situated at Shamshabad Village, Shamshabad Mandal, Rangareddy District, and not otherwise and pass....."
02. The petitioner claims to be the owner and possessor of agricultural land admeasuring Ac.09.05 guntas in Sy.No.626/2, situated at Shamshabad Village, Shamshabad Mandal, Rangareddy District. Further the case of the petitioner is that one Mr.Khaja Pasha and Taher Khan misguided the revenue authorities and tried to 2 interfere with his possession in the month of March, 2020 disputing the boundaries and survey number of subject land and that to protect the possession and right over the subject property, the petitioner constrained to institute a suit in O.S.No.114 of 2020 on the file of the learned I Additional District & Sessions Judge, Rangareddy District at LB Nagar seeking perpetual injunction and the said Court vide Judgment and decree dated 10.03.2023 decreed the suit in part.
03. It is the further case of the petitioner that at the instance of revenue officials, the respondent/Police are frequently interfering with the possession of the petitioner over the subject property.
04. Learned Assistant Government Pleader for Home submitted that there is no such interference with the possession of the petitioner at the instance of revenue officials and they have only inspected the subject property to note down the physical features.
05. This Court, having considered the submissions made by learned counsel for the respective parties, is of the 3 considered view that this Writ Petition can be disposed of directing respondent No.3-Police not to interfere with the possession of the petitioner over subject property without following due process of law.
06. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.
As a sequel, the miscellaneous petitions pending, if any, shall stand closed.
_________________________________ JUSTICE C.V.BHASKAR REDDY Date: 12-OCT-2023 KHRM