Kaftekola Lakshman v. 1. The State of Telangana

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 or order or. direction more particularly in the nature of WRIT OF MANDAMUS to declare the high handed action of the respondent No.5 who illegally retained the valuable documents i.e. land agreements, sale deeds, cheque books, Bill Books of GST number , along with SHOP KEYS of the petitioner i.e. KPL Power Tools at Kolli Ghanadi Complex , Nelakondapally ( 3 shutters) with GST 23-5-2022 registration without ceasing in the case is illegal, improper , arbitrary and unconstitutiona I, CONSEQUENTLY to direct the respondents No.2 to 5 mainly the 5th respondent to handed over all the documents i.e. land agreements, sale deeds, cheque books, Bill Books with GST number along with SHOP KEYS of the petitioner i.e. KPL Power Tools.at Kolli Ghanadi Complex , Nelakondapally ( 3 shutters ) with GST 23'5-20?2 registration to the petitioner , to open the shop of the petitioner to avail benefit of the Hon'ble court orders of this Hon'ble Court dated. 27 -1-2025 in W.P.No. 2123 Ot 2025, pending disposal of the above wdt petition lA NO: 1 OF 2o2s 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 direct the respondents No. 2 to 5 mainly the Sth respondent to handed over all the documents land agreements , cheque books, Bill Books along with Shop keys of the petitioner i.e. KPL Power Tools" at Kolli Ghanadi Complex , Nelakondapally ( 3 shutters ) with GST 23-5-2022 registration" to open the shop of the petitioner to avail benefit of the Hon'ble court orders of this Hon'ble Court dated. 27-1-2025 in W.P.No. 2'123 Of 2025, pending disposal of the above writ petition pending disposal of the above writ petition Counsel for the Petitioner: Ms. G. V. S. S. S. SRUTHI Counsel forthe Respondents: GP FOR HOME The Court made the following: ORDER THE HON'BLE SRI JUSTICE T. VINOD KUMAR W.P.No. 74al of 2025 ORDER: Heard learned Counsel for the petitioner, the learned Government Pleader for Home appearing for respondent Nos. 1 to 5 and with the consent of the learned counsei appearing for the respective parties, the writ petition is taken up for hearing and disposal at admission stage.

2. Shorn of unnecessary details. the case of the petitioner, in bricf, is that the 5th respondent-authority had iilegally retained various documents and shops keys with him in relation to Crime No.295 ot 2024, dt.28.12.2o24, and is not returning the same, in spite of the orders of this Court, dt.27.O1.2O25 in W.P.No.2123 of 2025, which action of the re spondents-authorities it is contended as highly illegal and arbitrary.

3. Per contra, learned Government Pleader for Home appearing for respondents would submit that the respondents-authorities never interfered with the conduct of business by the petitioner nor seized any of the documents as alleged in the earlier writ petition or the documents and shop keys as alleged now in the present Writ Petition, and as such authorities keeping the keys and documents with them would not arise. 2

4. I have taken note of the respective submissions made.

5. A Coorclinate Bench of this Court, in the eariier Writ Petition filcd by the pr:tiLioner, uide W.P.No.2123 of 2025, J-raving regard to the writ petilion averments and relief sought for therein, had taken on record the statement made on behalf of lhe respondents- authorities ol the said authorities not seizing any property of the petitioner as alleged by him in the rvrit afhdavit and further recorded the statement of the respondents-authorities that they have neither forced nor threatened the petitioner in any manner.

6. This Court b], noting as above in the aforesaid Writ Petition had directed the Sth respondent therein, who is arrayed as 5th respondent herein, not to interfere with the business activity of the petitioner, run under the name and style of KPL Power Tools of Nelakondapzrlli Village and Mandal, Khammam District, without following due process of lar.l,.

7. Though the petitioner now alleges of t.he respondents- authorities l aking au,a5, cerlain documents as irtentioned in the writ affidavit and shop keys and not returning the same, as noted herein abovc, the petitioner had approached this Court at an earlier poinr of time and averred the respondents-authorities seizing documents uiz., clleq.ue books, pro-notes, other valuable 1 I , I 3 agreements, etc., but, there is no mention of the respondents- authorities seizing any keys \ \

8. Further, though this Court taking note of the submissions made by the Government Pleader for Home appearing on behalf of I a the respondents-authorities of the said authorities not seizing the I I properly of the petitioner as alleged/complained in the said writ affidavit, disposed of the said Writ Petition. Thus, the petitioner by the present writ petition is only seeking to protect himself from the action that may be taken against him in the crime register ed uide Crime No.295 /2024 regisLered on 28.12.2024.

9. Since, the petitioner is already enjoying the protection of this Court as to non-interference by the 5th respondent in the conduct of business activity run by him under the name and style of KPL Power Tools of Nelakondapalii Village and Mandai, Khammam District, this Court is of the view that the present Writ Petition as hled seeking for a direction to return the documents and shop keys, as noted herein above, cannot be considered as a valid claim, as the petitioner had at an earlier point of time failed to establish the respondents seizing the shop keys and holding the same.

10. In view of the above, the Writ Petition fails and is accordingiy, dismissed. No order as to costs 4 11 Consequently, miscellaneous petitions, if any, pending shall stand closed //TRUE COPY// ASS SD/-V.KAVITHA STRAR s FFICER To, FoR HoME ,Hish Court ror tre Siate of relangana at 'cp

1. One CC to Ms G. V. S S' S SRUTHI' Advocate [OPUC1 i. i;; d6tio Hyderabad [OUT] 3. Two CD CoPies BM LS I HIGH COURT DATED:1210312025 ORDER WP.No.7481 of 2025 ( .l o o $,l.- S r 416r (rA 22 APH ?u25 i .|+ ) ). Drl.s pt, r.r r l:1) DISMISSING THE WRIT PETITION WITHOUT COSTS (L f*lub s