Syed Naseeruddin vs State Of Telangana
2021 Latest Caselaw 2964 Tel

  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                    AND
         THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY



                  WRIT APPEAL No.519 of 2021

JUDGMENT:    (Per the Hon'ble the Chief Justice Satish Chandra Sharma)




      The present writ appeal is arising out of an order dated

15.09.2021    passed        by    the     learned        Single      Judge   in

W.P.No.22292 of 2021 filed by the present appellants.

      The facts of the case reveal that the writ petition was

preferred under Article 226 of the Constitution of India for

issuance of an appropriate writ, order or direction stating that

respondent Nos.2 to 4 are trying to interfere with the peaceful

possession of the writ petitioners/appellants. It was also

brought to the notice of the learned Single Judge that the

petitioners have also filed a civil suit i.e., O.S.No.66 of 2015

and the same is pending.

Learned Single Judge was informed by the learned

Government Advocate that merely because a criminal case

has been registered against the petitioners, they have

impleaded the Station House Officer also as a respondent in

the writ petition.

Undisputedly, a case was registered as Crime No.200 of

2021 for the offences under Sections 341, 448 and 506 of the

IPC against the writ petitioners/appellants. The learned

Single Judge has disposed of the writ petition.

In the considered opinion of this Court, the order

passed by the learned Single Judge does not warrant any

interference. In case the writ petitioners/appellants are

having any threat of dispossession, they are certainly free to

file an application for grant of injunction in the civil suit,

which is pending since 2015 in respect of the same property.

In case the appellants are making allegations against the

Station House Officer, they can certainly prefer a complaint, if

so advised. This Court does not find any reason to interfere in

the order passed by the learned Single Judge.

The appeal is dismissed accordingly.

The miscellaneous petitions pending in this appeal, if

any, shall stand dismissed. There shall be no order as to

costs.

_____________________________ SATISH CHANDRA SHARMA, CJ

_________________________ A.RAJASHEKER REDDY, J

25.10.2021 ES