Mohd. Habeebuddin v. The State of Telangana
Court: High Court for State of Telangana
Bench: P NAVEEN RAO
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2020-11-19. Mohd. Habeebuddin v. The State of Telangana. Read the judgment and case details on LawSphereX.
Judgment text
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY,THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY PRESENT THE HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION NO: 18536 OF 2020 Between: 1. Mohd. Habeebuddin, S/o. Haji N,4ohd. masthan. Aged about 48 years, Occ. Agriculture. R/o. H. No. 8-4-3691124, Banjara Nagar, Borabanda, Hyderabad. 2. Mohd. Abdul Awaiz Khan, S/o. Mohd. Abdul Aziz Khan, Aged about 32 years, Occ. Business R/o. H. No. 12-2-95, Murad Nagar Mehdipatnam. Hyderabad. ... PETITIONERS AND 1. The State of Telangana, Rep. by its Principle Secretary, Home Department, Secretariat Buildings, Secretariat, Hyderabad. 2. The Superintendent of Police, sangareddy, Sangareddy District. 3. The Circle inspector of Police, Zaheerabad, Sangareddy District. 4. The Sub-lnspector of Police, Kohir P. S. , Kothur (D) Village,Kohir Mandal, Sangareddy District. 5. Mohd. Rafiq, S/o. Mohd. Yousuf, Aged about 40 years, Occ. Business, F/o. H. No.
285, Type l, Site-lll, NRR Puram, Borabanda, Hyderabad. ,.. RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any order or orders or direction or writ or writs, more particularly one in the nature of writ of Mandamus declaring the action of the 4th respondent in entering into Civil disputes by calling the petitioners to the Police Station, P. S. Kohir and threatening to settle the Civil dispute involved in O. S. No. 133 of 2O2O with the 5th respondent at the instance of the 5rh srespondent is as illegal, arbitrary, malafide and violation of principles of natural justice.
lA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 4th respondent not to enter into the Civil disputes and not to threaten the petitioners to settle the matter with the Sth respondent involved in O. S. No. 133 of 2020, pending disposal of the above writ petition in the interest of justice and equity. Counsel for the Petitioner :SRl Ch. JANARDHAN REDDY Counsel for the Respondent Nos. 1 to 4: AGP FOR HOME Counsel for the Respondent No. 5:------ The Court made the following: ORDER 1_ HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 185 36 of 2O2O ORDER: Heard learned counsel for petitioners and learned Assistant Government Pleader for Home. 2. According to petitioners, they are owners and in possession of land to an extent of 28 guntas in Sy. No. 81/AA/3A at Kothur (D) Village, Kohir Mandal in Sanga Reddy District.
It appears that there is dispute between petitioners and fifth respondent and petitioners instituted O. S. No. 133 of 2020 in the Court of Junior Civil Judge at Zaheerabad for grant of decree of Perpetual Injunction against fifth respondent. They have also filed LA. No. 470 of 2O2O seeking to grant ad interim injunction and by " order dated 25. O8. 2O2O, ad interim injunction was granted restraining fifth respondent from interfering in peaceful possession and enjoyment of above mentioned land. That being so, petitioners now allege that the Sub-lnspector of Police is interfering in inter se civil disputes, calling upon the petitioners to the police station and threatening them with dire consequences, if they do not settle the inter se civil disputes in favour of fifth respondent. 3.
According to learned counsel for petitioners, against illegal actions of fifth respondent, though petitioners lodged complaints, their complaints are not registered, but the complaint filed by fifth respondent is registered as crime No. 96. of 2020. He further submits that aggrieved by registration of crime, petitioners filed Crl. P. No. 5156 of 2O2O and this Court granted stay of further proceedings in the said crime. He, therefore, submits that 3- as of now police are not entitled to investigate into any crime and they cannot interfere in inter se civil disputes. 4 . On the allegation of interferenc e in inter se civil disputes, learned Assistant Government Pleader, on instructions denies and asserts that police are not interfering in civil disputes. 5. Having regard to the said statement, this writ petition is disposed of. It is needless to observe that police shall not interfere rn inter se civil disputes and it shall be left to the parties to work out their remedies.
With reference to further grievance of the petitioners that the crime reported by them is not registered, it is for the petitioners to work out their remedies as available in law. Pending miscellaneous petitions, if any, shall stand closed. SD/-K. VEN AH ASSISTANT RE R //TRUE COPY/i SECT N OFFICER To, 1. The Principle Secretary, Home Department' State of Telangana, Secretariat Buildings, Secretariat, Hyderabad. 2. The Superintendent of Police, Sangareddy, Sangareddy District. 3. The Cirble inspector of Police, Zaheerabad, Sangared-dy District. . . , . 4. The Sub-lnsp6ctor of Police, Kohir P. S. , Kothur (D) Village, Kohir l\4andal, Sanoareddv District. S. One"CC to Sri Ch. Janardhan Reddy, Advocate [OPUC] 6. Two CCs to GP for Home, High Court for the State of Telangana at Hyderabad. [OUT] 7. Two CD Copies sm l. 4 HIGH COURT DATED:1911112020 Sr4 1 HE 16: + ( ORDER z o 2 B Noy 2Ul0 o WP. No. 18536 ot 2020 o,1 , * * q. sr.. 1rcrtEc DISPOSING OF THE WP WITHOUT COSTS ! t :?
Source: High Court for State of Telangana. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.