Lingareddy Jaswanth Reddy vs The State Of Telangana And 6 Others
2022 Latest Caselaw 2298 Tel

     HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR


              WRIT PETITION No.23797 OF 2022

ORDER:

This Writ Petition is filed seeking a Writ of Mandamus to

declare the action of the respondents police in involving in civil

dispute in between the petitioners and respondent Nos.6 and 7 in

respect of ownership of the land in Survey No.220 admeasuring

Acs.12-31 gts., situated at Farooqnagar Village and Mandal,

Ranga Reddy District, and calling the petitioners to the Police

Station to settle the dispute though admittedly the petitioners

purchased the above land from the ancestors of the petitioners by

registered sale deed bearing Document No.2342 of 1991 and

further though the earlier suit of respondent Nos.6 and 7 in

O.S.No.31 of 2006 filed for partition was dismissed by the Civil

Court and same was attained finality as illegal unlawful contrary

to law, and consequently, sought a direction to the respondents

police not to involve in the civil dispute and not to call the

petitioners to the Police Station at the instance of unofficial

respondent Nos.6 and 7.

2. The petitioners are absolute owners and possessors of the

land in Survey No.220 admeasuring Acs.12-31 gts., situated at

MSK,J W.P.No.23797 of 2022

Farooqnagar Village and Mandal, Ranga Reddy District, having

purchased the same through registered Sale Deed bearing

Document No.2342 of 1991, dated 22.11.1991 from one Buran

Sha, s/o. Hyder Sha and others, to whom unofficial respondent

Nos.6 and 7 are claiming to be the legal heirs. Respondent Nos.6

and 7 have filed a suit in O.S.No.31 of 2006 on the file of

II Additional District Judge (FTC), Mahabubnagar, seeking

partition and separate possession of the suit schedule property

therein and the same was dismissed vide judgment and decree

dated 27.04.2011. After dismissal of O.S.No.31 of 2006, the

petitioners have sold away the subject land by converting the

same into house plots to different parties. However, suppressing

the dismissal of O.S.No.31 of 2006, unofficial respondent Nos.6

and 7 have filed another suit in O.S.No.73 of 2019 on the file of

I Additional District Judge, Mahabubnagar, seeking injunction

against the defendants therein in respect of the subject land and

said to have obtained ad-interim injunction. Thereafter, unofficial

respondent Nos.6 and 7 lodged a complaint before the

respondents police alleging that the petitioners are trespassing

into the subject land. Basing on the same, though the dispute is

MSK,J W.P.No.23797 of 2022

civil in nature, the respondents police are calling the petitioners

to the Police Station and threatening them to settle the matter

with unofficial respondent Nos.6 and 7. Hence, the present writ

petition.

3. Heard Sri M. Damodar Reddy, learned counsel for the

petitioners as well as the learned Assistant Government Pleader

for Home.

4. When the matter is taken up for hearing, the learned

Assistant Government Pleader for Home submitted that

respondent No.6 herein has lodged a complaint on 14.12.2021

alleging that some unknown persons are trying to encroach upon

their land situated in Survey No.220 admeasuring Acs.12-31 gts.,

situated at Farooqnagar Village and Mandal, Ranga Reddy

District, and basing on the said complaint, only G.D. entry is

made and no further action is taken till date. Except the above,

the respondents police have neither interfered in the civil disputes

nor called the petitioners to the Police Station. He further

submitted that if any further action is to be taken, the

respondents police will strictly follow the due process of law.

MSK,J W.P.No.23797 of 2022

5. In view of the said submission made by the learned

Assistant Government Pleader for Home, no further orders need

be passed in the writ petition and the same is accordingly closed.

No order as to costs.

6. As a sequel, miscellaneous petitions pending, if any, shall

stand closed.

__________________________________________ JUSTICE MUMMINENI SUDHEER KUMAR

20.05.2022.

Msr

MSK,J W.P.No.23797 of 2022

HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR

WRIT PETITION No.23797 OF 2022

20.05.2022 (Msr)