Telangana High Court
Suryapal Singh Pujari vs The State Of Telangana on 18 April, 2024
Author: B. Vijaysen Reddy
Bench: B. Vijaysen Reddy
HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.9834 OF 2024
ORDER :
(ORAL) This writ petition is filed by the petitioner seeking to declare the action of respondent No.3 - the Station House Officer, Mangalhat Police Station, in issuing notice dated 29.03.2024 under Section 91/160 Cr.P.C. in connection with Crime No.97 of 2024 on the basis of the report given by respondent No.4 - the Tahasildar, Asifnagar Mandal, as being illegal, arbitrary and unconstitutional.
2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home, and perused the material available on record.
3. Learned counsel for the petitioner submitted that the petitioner is a Pujari of Gufa Devi Mandir, Shankerji Temple, Masanmatt which is situated at Razdar Khan Pet, Asifnagar Mandal, Hyderabad. The Temple is more than hundred (100) year old. The forefathers of the petitioner have established the Temple. The petitioner became Pujari of the Temple by virtue of succession. Petitioner has also succeeded to the land admeasuring Ac.1-29 in Survey No.8/1 which is a patta land. The Temple is a private land and not registered under the Telangana 2 Charitable and Hindu Religious Institutions and Endowments Departments Act, 1987. The Endowments Department does not have any control over the Temple. It is submitted that the petitioner filed O.S. No.2226 of 2013 on the file of learned XXI Junior Civil Judge, City Civil Court, Hyderabad, for correction of revenue records in respect of the subject land and the same was dismissed by judgment dated 20.02.2020. Aggrieved thereby, the petitioner preferred appeal in A.S. No.118 of 2023 on the file of learned XXIV Additional Chief Judge, City Civil Court, Hyderabad, and the same is pending for consideration. It is submitted that taking advantage of the dismissal of the suit, respondent No.4 is trying to dispossess the petitioner from the subject land. Hence, the petitioner filed W.P. No.14238 of 2022 before this Court wherein status quo order was passed on 23.03.2022 and the same was communicated to respondent No.4. Despite receipt of the copy of the said order, respondent No.4 high handedly came to the subject land on 17.01.2024 and demanded the petitioner to handover the subject land saying that it belongs to the Government and threatened to dispossess him from the subject land. In the meanwhile, respondent No.4 lodged a complaint against the petitioner in respondent No.3 Police Station and a case in Crime No.262 of 2024 was registered. 3
4. That on the news item published in Andhra Jyothi News paper dated 17.01.2024 under caption "Prabhutva Sthalamlo Parking Danda" at Gufa Mandir, Asifnagar, Hyderabad, respondent No.3 issued notice to the petitioner under Section 91 read with Section 160 of Cr.P.C. After receipt of the same, the petitioner appeared before respondent No.3. It is submitted that on 29.02.2024 the petitioner was made to sit till late hours. It is the contention of learned counsel for the petitioner that respondent No.3 is continuously harassing and torturing the petitioner at the instance of respondent No.4. That knowing fully well that the dispute is pending before this Court in W.P. No.14238 of 2022, respondent No.3 is interfering with the personal liberty of the petitioner and in the property dispute in the guise of the impugned notice.
5. Having received written instructions, learned Assistant Government Pleader for Home submitted that during the course of the investigation in Crime No.97 of 2024, respondent No.4 issued notice under Section 91 read with Section 160 of Cr.P.C. with a request to produce the relevant documentary evidence for the purpose of investigation. The petitioner, instead of approaching the Police Station with relevant documentary evidence, filed this writ petition with false and baseless allegations. It is submitted that the above case is under 4 investigation and after finalization of the same, appropriate action will be taken in accordance with law.
6. In the circumstances, as it is stated that the impugned notice dated 29.03.2024 was issued to the petitioner in connection with Crime No.97 of 2022 for the purpose of investigation, this Court is not inclined to grant any relief to the petitioner.
7. In view of the above, the writ petition is disposed of directing respondent No.3 not to interfere with the personal liberty of the petitioner and in the civil disputes pending between the petitioner and respondent No.4 without following due process of law. There shall be no order as to costs.
As a sequel thereto, miscellaneous applications, if any, pending in this writ petition stand closed.
______________________ B. VIJAYSEN REDDY, J Dt: 18.04.2024 RRK