B. R. Subhash Babu vs The State Of Telangana
2023 Latest Caselaw 3037 Tel

       THE HON'BLE SRI JUSTICE C. V. BHASKAR REDDY

                 WRIT PETITION NO.18782 OF 2023

     ORDER:

The writ petition is filed seeking following relief:

"......to issue an appropriate Writ or Direction or Order more particularly one in the nature of Writ of Mandamus to declare the action of the Police officials of Respondent no 4 in interfering into civil disputes in respect of the petitioners properties in Sy Nos 111 134 to 139 146/A/1 148 to 158 159/A 161 162 165 166 171 178 to 180 181/A 183 189 to 191 total admeasuring Ac 460 06 gts situated at Vattinagulapalli Village Rajendranagar Taluk Ranga Reddy District and action of Police official of the Respondent No 4 summoning the Petitioners to the police station to threaten them as illegal arbitrary in violation of principles of natural justice and against settled principles of law and consequently direct the Police officials of Respondent no 4 not to interfere in civil disputes in respect of the Petitioners property in Sy Nos 111 134 to 139 146/A/1 148 to 158 159/A 161 162 165 166 171 178 to 180 181/A 183 189 to 191 admeasuring Ac 460 06 gts situated at Vattinagulapalli Village Rajendranagar Taluk Ranga Reddy District and not to summon the Petitioners to the police station without following the due procedure established by law ......"

2. It is the case of the petitioners that they are the purchasers

of land admeasuring Ac.460-06 gts., in Sy.Nos.111, 134 to 139,

146/A/1, 148 to 158, 159/A, 161, 162, 165, 166, 171, 178 to 180,

181/A, 183, 189 to 191 situated at Vattinagulapalli Village,

Rajendranagar Taluk, Ranga Reddy District. Admittedly, there are

disputes with regard to the conversion of agricultural to non-

agricultural lands and approval of the layout by the competent

authorities. When disputes arose between the petitioners and the

original land owners and subsequent purchasers claiming the right

and ownership over the subject property situated in various survey

numbers, a suit was instituted by some of the vendors against the

original owners in O.S.No.54 of 2021 on the file of the II Additional

District and Sessions Judge, Ranga Reddy District for specific

performance of the agreement of sale, dated 11.03.2013 with

possession and also for consequential relief of perpetual injunction

in respect of lands to an extent of Ac.146-05 gts., situated at

Vattinagulapalli Village, Rajendranagar Taluk, Ranga Reddy District

and the said Court decreed the suit in favour of respondent No.7

entitling him for specific performance of the agreement of sale dated

11.03.2013 and directed the defendants to execute registered sale

deed in favour of respondent No.7. The grievance of the petitioners

is that questioning the judgment and decree in the said suit, some of

the real owners and their legal heirs filed an appeal in A.S.No.5 of

2023 as third parties on the file of this Court. The Division Bench of

this Court vide I.A.No.3 of 2023 in A.S.No.5 of 2023 passed an order,

dated 18.04.2023 staying the judgment and decree passed in

O.S.No.54 of 2021, dated 14.09.2021. The grievance of the petitioners

is that pending adjudication of A.S.No.5 of 2023, at the instigation of

respondent Nos.7 to 9, respondent No.4 is frequently summoning

the petitioners to the police station and interfering with the civil

rights of the parties.

3. Learned counsel appearing for respondent No.7 has filed a

counter affidavit stating that the respondents are the absolute

owners of the subject property forming part of the survey numbers

referred above. An implead application is also filed by some of the

persons, who are alleged to have purchased from the original

owners.

4. Since the grievance of the petitioners is confined only to the

extent of interference by the respondents-police, this Court deems it

appropriate to dispose of the writ petition directing respondent No.4

not to interfere with the civil rights of the parties pending

adjudication of the various suits instituted by either of the parties.

However, this Court has not expressed any opinion on the title and

ownership of either of the parties, except directing the respondents-

police not to interfere with the civil rights of the parties.

5. With the above observation, this writ petition is disposed

of. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending

shall stand closed.

________________________ C.V. BHASKAR REDDY, J Date: 10.10.2023 SUS