High Court · 2025

THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION NO: 9008 OF 2017 Between:

1. Smt. M.Prema, Wo. Late M.Prakash Rao, aged aboutTT years, Occupation - Household, R/o H.No. 61-2RT, Municipal Colony, Malakpet, Hyderabad-S00 036, Telangana.

2. Sri. Madyuri Vijaya Gopal, S/o. Late M.Prakash Rao, aged about 52 years, Occupation Govt. Servant, R/o H.No. 61-2RT, Municipal Colony, Malikpet, Hyderabad-500 036, _. (Petitioner No.1and2 through their D.A.GPA holder) M/s. Bhargavarama Constructions Rep, by its proprietor Sri. A.V. Ravindranath, S/o. Late. A. Natarajan, aged 56 years, Occ Business, H.No 29-14081N1 , West Kakatiya Nagar, Neredmet, Hyilerabad-56.

3. M/s.Wolfrahm Builts, Rep. by its Managing Partner A.Natarajan, S/o. A.V. Ravindranath, aged 28 years, Occ. Business, R/o H.No. 29-1408/4/1 , West , Kakatiya Nagar, Nerednret, Hyderabad - 56 .,.PETITIONERS ats, AND 1 2 J 4 The Stat of Telangana, Rep by its Principal Secretary ( Home Department) , Secratariat Hyderabad Station House Officer, Nallakunta, Police Station, Hyderabad. Smt- Hariharan Prema, Wo. T.Srinivasa Murthy, aged 5'l years, Occ. Service, R/o H.No.29, Road No.2, New Haripuri Colony, Near Alakapuri, R.K. Puram, Mandal Saroornagar-500074. Sri T.Srinivasa Murthy, S/o. T.Venkateshwara Sharma, aged 55 years, Occupation Service, R7o. H.No.29, Road No.2, New Haripuri Colony, Near Alakapuri, R.K. Puram, Mandal Saroornagar-500074. ...RESPONDENTS . Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus, declare the inaction of the 2nd Respondent with the # # i&t & F s b IrlrI I I I r ,i l I i I I I 1 interference in civil issues and harassments by calling to the oolice station against the petitioners to civil Dispute relating to agreement of sale dt-07.03.2016 are bad in law, illegal, arbitrary, unconstitutional and against to the principles of natural justice and consequently direct the respondent poli:e not to interfere in civiL disputes and not to harass the petitioners by calling to the police station based on agreement of sale dt-07.03.2016. l.A. NO: 1OF 20'17 (WPMP. NO: 11171 OF 20 171 . Petition under sectiop 151 CPC praying that in the cirotrmstances stated in the affidavit filed in support of the writ petition, the High coL rl may be'pleased to direct the Respondents not to harass the Petitioners by inte'fere in civil disputes relating to agreement of sale dt: 07-03-2016. Counsel for the Petitioners : SRI KATRAPATI SATYANARAYANA Counsel for the Respondents No.1&2 : SRI R.LAXMIKANTH REDDY,AGP FOR HOME SRI.RAJATH KUMAR PRADHAN REPR Counsel forthe Respondents No.3&4: SRI K.VENUMADHAV The Gourt made the following: ORDER ) THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.9008 OF 2017 ORDER: This writ Petition is filed under Arlicle 226 0f Constitution of India seeking the following relief/s:- " ...to issrrc a writ or oruler or tlirection more parttcularly one in the nature of l{rit of Mandamus, declare the inaction of the 2"d Respondent v'ith the interference in civil issues antl harassments by culling to tha police slation against the petitioners to Civil Disptne relating to agreement of sule dated fii.Ol.ZOtA are bad in law, itlegal, arbitrary' tuconstiltrtional ond against to the principles of natural justice and consequenlly direct the respondent police nor ro inrirfere in civil disputes and not to harass the petitioners hy colling to the police station based on agreement ol sale dated 07 03'20I 6 ' ' ""

2. None appears for the petitioners.

3. I have heard Mr.R.Laxmikanth Reddy, learned Assistant Govemment pleader for Horne appearing for respondent Nos.l and 2 and Mr.Rajath Kumar Pradhan, Ieamed counsel representing Mr.K.Venurnadhav, learned counsel for respondent Nos.3 and 4.

4. Leamed Assistant Government Pleader for Horne submitted that the respondents have never interfered with the petitioners' agreement of sale nor harassed them in any manner, as alleged in the writ petition. He contended that, in the absence of any supporting material, the contest raised in the writ petition is without rnerit, and therefore prayed lor its disrnissal. 2

5. Learned counsel for respondent Nos.3 and 4 subnritted (ltat, as an interitn rneasure, this Court, by order dated 15.03.2017, directctl :hc r-espondent police not to harass the petitioners and to strictly lollow due pro:e,ss o[ law

7. I have carefully perused the rnaterial available on rcr]ord This Court. at the interim stage, directed the police not to harass the petitioners, panicularly as no crirne had been register'cd against thern, and further clarified that if any crime were to be registered, t re: police urust proceed strictly in accordance with law.

8. Having rcgard to the assertions in the petition ard keeping in view the lirnitations on the jurisdiction of the police and the interi n order passed earlier, this Court directs the respondent police to refrain lronr irrterlering in the civil disputes between the petitioners and respondent Nos.3 lrrd 4, even under the guise of registration of a crime. In the event that nvestigation becornes necessary, the respondents shall strictly adhere to th: applicable statutory frarnework under the Code of Crirninal Procedure, I 97I / Bharatiya Nagarik Suraksha Sanhita, 2023, as the case rnay be, and shall strictly cornply with the procedural safeguards Iaid down in judicial pronouncenlent.i

9. With the above direction, this writ petition is disposed o[. There shall be no order as [o costs J Miscellaneous Petitions, pending if any, shall stand closed //TRUE COPY// AYA L -L. VIJ TANT SECTION OFFICER To, 1 2 J 4 5 6 The Principal Secretary ( Home Department) , Secratariat Hyderabad The Station House Officer, Nallakunta, Police Station, Hyderabad. One CC to SRI KATRAPATI SATYANARAYANA, Advocate. [OPUC] One CC to SRI K.VENUMADHAV, Advocate. [OPUCI Two CCs to GP FOR HOME, High Court for the State of Telangana. [OUT] Two CD Copies. BSK BSg- HF p dft. +s } rft. ii. *ts l!F *i F !ft 6 F lb. *F# T6 iI!r, s F l&r. ilF .ft, Ee *! # fs. EE.' {FF + J*# rfrr. +& b .iE {F# f*. ffi# d*i HIGH COURT DATED:2510812025 ORDER WP.No.9008 of 2017 1HE S 14 /..'( .i 2o tou p5 n fl' o o\ PA, rcHLo ,+ * DISPOSING OF THE WRIT PETITION WITHOUT COSTS ^'e+'€6*'