High Court · 2025

Asra Firdose, Wo.Mr.Habeeb Jalfar Rafai aged about 48 years, Occ.Government Teacher, R/o H.No.1-40, Muslim Wada, Tippapuram, Vemulawada, Rajanna Siricilla 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 action of the respondents more particularly the 3rd respondent herein and his subordinates in calling the petitioner to the police station, and settling the property issues relating to his father and also preventing the petitioner to carry out better medical treatment in Hyderabad, is tllegal, arbitrary, unjust, unconstitutional and in violation of principles of natural justice, and also violative of Article 14,21 and 300-4 of Constitution of lndia, and consequently direct the respondents not to interfere into civil disputes pending between the petitioner and the 4th respondent herein with regard to their property lA NO:'f OF 2025 Petition under Section 1 5I.CPC praying that in the circumg-tances stated in the affidavit filed in support of the petition, the High court may.6e pleased to direct the respondents herein and their subordinates not to irterfere into civil disputes between the petitioner and the 4th respondent and their property issues and not to prevent the petitioner to carry out better medical treatment of his father Dr.Khairath Pasha, in Hyderabad, pending disposal of writ petition Counsel for the Petitioner: SRl. MOHD MOIN AHMED QUADRI Counsel for the Respondents: GP FOR HOME The Court made the following: ORDER Y THE HON'BLE SR.I JUSTICE T. VINOD KUMAR Writ Petition No.5550 of 2025 ORDER Heard learned counsel for the petitioner, learned Government Pleader for Home appearing for respondent Nos.l to 3 and perused the record.

2. Despite the petitioner being directed to take out notice to the 4th respondent, proof of service of notice has not been filed. However, having regard to the manner of disposal of the Writ Petition at the admission stage and the ,s involved, this Court is of the view that audience of the 4th respondent is not necessary for adjudication of the present Writ Petition.

3. The case of the petitioner, in brief, is that the 3'd respondent is calling the petitioner to the police station and is interfering in civil disputes and pressurizing him to settle the same, failing which, the petitioner has been threatened with dire consequences of being implicated in false criminal cases.

4. It is the further case of the petitioner that there are serious disputes between the petitioner and the 4h respondent regarding the properties of their father; that the 4th respondent has taken away his fathet, viz., Khaiath Pasha, to Vemulawada, wherein she resides; that the I 2 4m respondent with the help of the 3d respondent is pressurizing the father of the petitioner to execute some Will or gift transferring the properties on to her name; and that in furtherance oF the same, the 3'd respondent rs calling the petitioner and threatening/pressurizing him to settle civil disputes, which action it is contended is highly illegal, arbitrary and unjust.

5. Per contra, learned Government pleader for Home appearing for On behalf of respondent Nos.1 to 3 submits that the petitioner had sent a complaint of man missing, i.e. his father, which was received by the respondents-authorities on 15.02.2025; and that the authorities after enquiry, found that the petitioner's father is in the house of the 4th respondent/ who is none other than the daughter of the said person.

6. Learned Government Pleader further submits that on the 3'd respondent authority causing enquiry with the petitionert father, who was found residing in the house of the 4th respondent, it is stated that he has voluntarily come with the 4th respondent and staying with her; and that there is no force or coercion on him from the 4h respondent.

7. Learned Government pleader further submits that on recording the aforesaid statement of the father of the petitioner that he is living on his own will and volition in the 4th respondent,s house, the respondents_ 3 authorities have closed the complaint and informed the petitioner of action taken on L5.02.2025.

8. Learned Government Pleader fufther submits that on the respondents-authorities informing the aforesaid action taken by them on the complaint made by the petitioner, he has filed the present Writ petition claiming that the respondents-authorities are forcing/pressurizing him to settle the civil disputes betvveen the petitioner and the 4th respondent, which claim of the petitioner is concocted and made up only for the purpose of filing of the Writ Petition; and that the 3'd respondent is , not interfering in any civil dispute between the petitioner and the 4s respondent in relation to the propefties of the petitioner's father.

9. Having regard to the submissions made as above, since, the petitioner had initially approached the respondents-authorities making a complaint of man missing case, i.e. his father, and the authorities having found the petitioner's father is staying in the house of his daughter i.e. the 4h respondent, and since, the respondents-authorities except investigating into the complaint lodged by the petitioner of his father missing, the authorities are not interfering in the civil disputes between the petitioner and the 4h respondent in relation to the properties of their father, this Court is of the view that the respondents-authorities are to be directed not to interfere in the civil disputes that may exist between the petitioner and the 4h respondent in relation to the subject property. I 4

10. Subject to above direction, the Writ petition is disposed of. No order as to costs

11. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. //TRUE COPY' SD/-P. PADMANABHA REDDY UTY REGISTRAR SECTION OFFICER The Principal Secretary, Home Department, Secretariat, Hyderabad The Superintendent of Police, Rajanna Siricilla District' TheStationHouseOfficer,VemulawadaUrbanPoliceStation,Rajanna Siriciall District One CC to SRI MOHD MOIN AHMED QUADRI Advocate [OPUC] Two CCs to GP FOR HOME ,High Court for the State of Telangana [OUT] Two CD Copies \ To, 1 3 4 t 6 KKS BS $ HIGH COURT DATED:1110312025 ORDER WP.No.5650 of 2025 ( f, o o /?. 1 E gllr/t 2 B l\ltr ?[?5 t DEsPdl DISPOSING OF THE WRIT PETITION WITHOUT COSTS coq'4 fu"