Mohammed Atif Aziz vs The State Of Telangana
2023 Latest Caselaw 1948 Tel

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

             WRIT PETITION No.16231 of 2023
ORDER:

The case of the petitioner is that he is absolute

owner and possessor of house bearing Municipal No.8-2-

603/B/23 admeasuring 210 square yards situated at Road

No.10, Banjara Hills, Hyderabad, having purchased the

same under a registered sale deed on 22.03.2022 vide

document No.2075 of 2022 from its lawful owner viz.,

Haleema Begum. It is the further case of the petitioner

that disputing title and ownership, respondent No.7 and

his brother filed a suit for specific performance against her

vender vide O.S.No.1529 of 2003 on the file of IV Senior

Civil Judge Court, Hyderabad, same was dismissed vide

judgment & decree dated 22.09.2008, against which

respondent No.7 and another preferred appeal vide

A.S.No.191 of 2009 before the Court of III Additional Chief

Judge, City Civil Court, Hyderabad and the same was also

dismissed vide judgment dated 02.08.2010.

The contention of the petitioner is even after

dismissal of the cases instituted in respect of the subject

property purchased by the petitioner, respondent No.7 and

his henchmen made efforts to disturb and interfere with

the peaceful possession of the petitioner, which

constrained him to lodge a complaint on the file of P.S.

Banjara Hills, Hyderabad and as the said complaint

revealed cognisable offence, Crime No.50 of 2023 has been

registered and charge sheet has also been filed against

respondent No.7.

The grievance of the petitioner is that even after

registration of the crime, at the instigation of respondent

Nos.6 and 7, respondents police are summoning the

petitioner to police station and forcing him to enter into

settlement with respondent Nos.6 and 7 as per the terms

dictated by them.

Learned Assistant Government Pleader for Home on

written instructions submits that acting on the complaint

of the petitioner, Crime No.50 of 2023 has been registered

and charge sheet has also been filed vide C.C.No.1778 of

2023 and except for the purpose of investigation into the

said crime, the respondents police have not interfered with

the civil disputes pending between the petitioner and

respondent Nos.6 and 7 at any point of time.

In view of the above submission, the writ petition is

disposed of directing respondent No.5 not to interfere with

the civil disputes pending between the petitioner and

respondent Nos.6 and 7 in any manner and if the presence

of either of the parties is required, the respondents police

are directed to follow the due procedure in accordance with

law.

Pending miscellaneous applications, if any, shall

stand closed. There shall be no order as to costs.

_________________________ C.V.BHASKAR REDDY, J 04.09.2023 JSU