Telangana High Court
Younus Mohd. Khan vs State Of Telangana on 6 November, 2023
Bench: C.V. Bhaskar Reddy
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
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
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
