V.ARAVIND Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This writ petition is filed seeking the following relief:-

(2.) The case of the petitioner is that his father is the owner and possessor of Flat No.0001 ground floor of the premises situated at H.No.496/2RT, Municipal No.7/1/621/427, situated at Pooja Residency, S.R.Nagar, Hyderabad, having purchased the same through registered sale deed bearing document No.1195 of 2004. It is the further case of the petitioner that after obtaining all the necessary permission from the Municipal Corporation a building was constructed and thereafter, his father has purchased the entire ground floor consisting of 2,269 square feet. It is the further case of the petitioner that even after that when respondent Nos.4 to 7 have started claiming the property by creating a fraudulent document and when the same was brought to the notice of the municipal authorities and the municipal authorities, after verification of the documents having found that respondent Nos.4 to 7 have created fraudulent document over the subject property, has lodged a complaint with the police and the police registered a case in Crime No.593 of 2014 for the offences punishable under Ss. 420, 468 and 471 read with 34 of I.P.C. and after conducting investigation they have also laid a charge sheet and the case is pending for trial. It is the further case of the petitioner that when respondent Nos.4 to 7 are disputing the title and possession, his father was constrained to institute a suit vide O.S.No.619 of 2011 on the file of the V Junior Civil Judge, City Civil Court, Hyderabad and the said suit was decreed on 15/4/2019. It is the further case of the petitioner that even after granting judgment and decree, respondent Nos.4 to 7 are interfering with his possession over the subject property and stating the above facts, the petitioner also lodged a complaint to the respondents-police and the said complaint discloses cognizable offence a case in Crime No.907 of 2023 was registered. It is the further case of the petitioner that even after registration of the cases, respondent Nos.4 to 7 on one pretext or the other interfering with his possession and making efforts to forcibly evict him and damaging the part of the property. The grievance of the petitioner is that the respondents-police are not taking any action.

(3.) Learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 3, on instructions, would submit that acting on the complaint of the petitioner a case in Crime No.907 of 2023 was registered for the offences punishable under Ss. 448 and 427 read with 34 of I.P.C. and a notice as required under Sec. 91/160 of Cr.P.C. was issued to the petitioner and soon after furnishing the required documents by the petitioner, the police will take appropriate action in accordance with law.