Puppala Swaroopa vs The State of Telangana and 5 others

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY ,THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI WRIT PETITION NO: 22482 oF 2022 Betwee n: AND fuppala Swaroopa, W/o Mahender, Age 43 years, Occ: Housewife, Rl/o H.No.

3-99, Gangipally Village, Jaipur Mandal, Mancherial District. ...PETITIONER 1.

The State of Telangana, Rep.by its Principal Secretary, Department of Home Secretariat, Hyderabad.

2.

The Superintendent of Police, Mancherial District, at Mancherial, Telangana.

3.

The Station House Officer, Jaipur (Law and Order), police Station Mancherial District.

Telangana.

4.

Md.lVaibelli, S/o Mohammed Ali, age 40 years, Occ: Agriculture Rl/o Gangipally Village Of Jaipur Mindal,'Mancherial D"istrict.

5.

M.D.Parvenna, D/o Md.Maibelli, age 1g years, Occ: Student, R/o Gangipally Village, Jaipur Mandal, Mancheriai District.

6.

Raiiya Pggr., D/o Mohammed Ali, age Major, R/o Gangipally Village, Jaipur Ir/andal, [,4ancherial District ...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 a writ, order or Direction more particularly one in the nature of writ of Mandamus declaring the high handed action and unlawful interference of the 3rd respondent/ Jaipur (Law as order) police station, Mancherial District in preventing the petitioner from entering into the property in Sy.No. .1 76/69 (wrongly shown as 176113 in online records) to an extent of Ac.3.00 gts situated at Gangipally Village, Jaipur Mandal, Mancherial District inspite of a decree dated 15-03-202'1 made in O.S.No.

1312019 on the file of Junior Civil Judge at chennur, at the behest and with aid and assistance of 4th to 6th respondents unlawfully, and directing to hand over the possession to the unofficial respondentsfailingwhichhewillcontinuetoregistercrimesagainStthehusband and the f and the family members of the petitioner as wholly illegal' arbitrary' violative of Article '14, 19, 3OO-A of constitution of lndia' as well Human rights' and consequentlydirectthe3rdRespondentnottointerfereWiththeenjoymentofthe aforementioned ProPertY IA NO: 10F 2022 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 directthe3rdRespondentnottointerferewiththepeacefulpossessionand enjoyment of the property in Sy No 176/69 (wrongly shown as 176/13 in online records) to an extent of Ac.3.00 gts situated at Gangipally Village, Jaipur Mandal, Mancherial District pending disposal of the above writ petition' Counsel for the Petitioner : SRI' SRINIVASA RAO PUTLURI Counsel for the Respondent Nos' 1 to 3: GP FOR HOME Counsel for the Respondent Nos' 4 to 6 : NONE APPEARED The Court made the following : ORDER / / SD/-K.AMMAJI ASSISTANT REG IST R ,TRUE COPY' SECTION OFFICER 1.

The Principal Secretary, Department of Home State of Telangana secretariat, Hyderabad.

To, THE HON'BLE SMT.

JUS'IICE LALITHA KANNBGANTI WRIT PETITION No.22482 of 2022 ORDER: This writ Petition is filed seeking a mandamus to declare the highhanded action and unlawful interference of the 3'd respondent police in preventing the peritioner frorn entering into the property in Survey No.l76l69 to an extent of Ac.3.00 guntas, situated at Cangipally Village of Jaipur Mandal, Mancherial District. in spite of decree darecl 15.03.2021 passed in o.S.No.l3 of 2019 on the ille of the Junior Civil Judge, Chennur, as illegal and arbitrary.

Sri S.Rama Mohan Rao, leamed Assistant Government Pleader ior Home, on instructions, submitted that case and counter-case are registered and the police are conducting investigation. stigation.

Except conducting investigation in the crimes' the respondent police neither interfered nor prevented the petitioner from entering into the subject property.

Recording the submission of learned Assistant Government Pleader lor Home, the Writ Petition is disposed of.

No order as to costs.

Miscellaneous applications, pending if any, shall stand closed.

I 4.

One CC to SRl.

SRTNIVASA RAO PUTLURt, Advocate. tOpUCl ' Iy."":.n::rs|fio* H.ME,iisl c;;;ili#il* orreranslna at 6.

Two CD Copies 7.

One Spare Copy , SB BS3'x / 1 HIGH COURT DATED:2810412022 ORDER WP.No.22482 of 2022 DISPOSING OF THE WRIT PETITION WITHOUT COSTS. \ \$\ scts c ( 1E.4 G AI s" c2 it) ac a*\ \' * \q w /.

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