Mohammed Dastagir, vs The State Of Telangana,
2025 Latest Caselaw 5501 Tel

Telangana High Court

Mohammed Dastagir, vs The State Of Telangana, on 15 September, 2025

Author: N.Tukaramji

Bench: N.Tukaramji

     THE HONOURABLE SRI JUSTICE N.TUKARAMJI

              WRIT PETITION No.24584 OF 2017

ORDER:

This Writ Petition is filed under Article 226 of

Constitution of India seeking the following relief:

"...to pass an order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ or direction, holding that the impugned proceedings in MC. No.B/232/2017 dated 07.07.2017 under Section 145 Cr.P.C. issued by the Respondent No.2 against the Petitioner herein is illegal, arbitrary, motivated, without jurisdiction against the principles of natural justice and fair play and violative of provisions of section 145 Cr.P.C., as well as Article 14, 19, 21 & 300-A of the Constitution of India and may be pleased to set aside the same and may be pleased to direct the Respondents not to interfere in the lawful and peaceful possession and enjoyment of the Petitioner over the property bearing No.19-2-111/A, Tadbun, Kalapathar, Hyderabad, without following the due process of law and to pass..."

2. Heard Mr.Omer Hasan Khan, learned counsel

representing Mr.Md. Ajmal Khan, learned counsel for the

petitioner and Mr.R.Laxmikanth Reddy, learned Assistant

Government Pleader for Home appearing for respondents

No.1 to 6.

3. Learned counsel for the petitioner would submit that

challenging the order dated 07.07.2017 issued by the

Special Executive Magistrate, Hyderabad, under Section 145

of Code of Criminal Procedure, this petition has been filed.

4. Learned Assistant Government Pleader would submit

that in pursuance of the dispute regarding to house property

and as there was breach of peace, the respondent No.2 haD

passed the order. However, the petitioner filed Civil Suit

over the property vide O.S.No.1704 of 2017 on the file of

learned VII Junior Civil Judge, City Civil Courts, Hyderabad

and the same was dismissed on 18.12.2019. Thus, the

contention raised has no basis and by efflux of time, this

petition has become infructuous.

5. I have perused the materials on record.

6. Having regard to the submissions and as the claim of

the petitioner in Civil Suit seeking perpetual injunction

against the unofficial respondents has ended in dismissal

and that judgment had attained finality, no tenable ground

is found substantiating the contention raised against the

impugned proceedings. In this view and by the efflux of

time, this Court is of considered view that nothing survives

further for adjudication in this matter.

7. Accordingly, this Writ Petition is dismissed as

infructuous. There shall be no order as to costs.

Miscellaneous Petitions, pending if any, shall stand

closed.

__________________ N.TUKARAMJI, J Date: 15-09-2025 Nit/Chs