Telangana High Court
Sabeer Pasha Syed vs The State Of Telangana And 6 Others on 28 February, 2022
Author: Shameem Akther
Bench: Shameem Akther
THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER
Writ Petition No.6486 of 2022
ORDER:
The petitioner herein seeks a writ of Mandamus declaring the inaction of the respondent Nos.5 and 6 in interfering with civil disputes and threatening the petitioner to handover open land admeasuring Ac.0-20gts in Sy.No.203/1, situated at Akulavari Ghanapuram Village, Eturunagaram Mandal, Mulugu District, erstwhile Warangal District, to the respondent No.7 and calling him to the Police station and detaining him, as illegal, arbitrary and unconstitutional.
2) Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Home, appearing for respondent Nos.1, 2, 5 and 6, learned Assistant Government Pleader for Revenue appearing for respondent Nos.3 and 4, Sri P.Vinay Kumar, learned counsel for the respondent No.7 and perused the record.
3) The learned counsel for the petitioner would submit that the petitioner is the owner and possessor of land admeasuring Ac.0.20 guntas in Sy.No.203/1 situated at Akulavari Ghanapuram Village, Eturunagaram Mandal, Mulugu District, 2 erstwhile Warangal District. It is contended that at the behest of respondent No.7, there is unnecessary interference by the respondent No.5 and 6 in the civil dispute between the petitioner and the respondent No.7 and ultimately prayed this Court to allow the Writ Petition as prayed for.
4) On the other hand, learned counsel for respondent No.7 would submit that the petitioner has no land in Sy.No.203/1, situated at Akulavari, Ghanapuram Village, Eturunagaram Mandal, Mulugu District, Erstwhile Warangal District and he is making false claim. It is submitted that in the photocopy of document filed by the petitioner, the Survey Number of the land is mentioned as 204 and 205, however, the petitioner is claiming land in Sy.No.203/1, which is unsustainable and ultimately prayed this Court to dismiss the writ petition.
5) Learned Assistant Government Pleader for Home also made similar submissions and further submitted that there is no interference by the respondent-police in the civil dispute between the petitioner and the respondent No.7.
6) The submission of the learned Assistant Government Pleader for Home that the respondent-police are not interfering 3 in the civil dispute between the petitioner and the respondent No.7, is taken on record.
7) In the given facts and circumstances of the case, the veracity of entitlement of the petitioner over the disputed land cannot be gone into in this petition filed under Article 226 of Constitution of India. Therefore, no relief as sought by the petitioner can be granted in this writ petition. However, it is left open to the petitioner to work out the remedies before the competent Civil Court, in accordance with law.
8) With the above observations, this Writ Petition is disposed of.
Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.
______________________ Dr. SHAMEEM AKTHER, J Date: 28.02.2022 scs