MOHAMMED ABDUL GHANI v. 1. The State of Telangana

Petition Under Article 226 of the Constitutlon 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 action of the respondent No. 3 in calling the petitioner to police station and handing over the minor children of the petitioner to the unofficial respondent herein and also inaction of the respondent No.2 in not responding with the petitioner application date 151O712024 is illegal, arbitrary, and violation of Article,14,19, 2't of Constitution of lndia, and consequently d irect the respondent No.2 and 3 to restore the possession of the minor children by handing over them to the petitioner herein. |.A.NO:1 OF 2025 Petition Under tSection '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 respondent No.2 and 3 to restore the possession of the minor children by handing over them to the petitioner herein. Counsel for the Petitioner : SRI BANDI SAI VAMSHI Counsel for the Respondent Nos.l to 3 : SRI G.ANIKETH REDDY, AGp FOR HOME Gounsel for the Respondent No.4: -- The Court at the stage of admission made the following ORDER I I a) ORDER: THE HON'BLE SRI JUSTICE T, VTNOD KUMAR Writ Petition N o.8645 of 2O25 Heard learned counsel for the petitioner, Sri G.Aniketh Reddy, learned Assistant Government Pleader for Horne appearing for respondent Nos.l to 3, and with the consent of the learned counsel appearing for the pafties, the Writ Petition is taken up for hearing and disposal at the admission stage.

2. Having regard to the manner of disposal of the Writ Petition at th€ admission stage and the nature of /s involved, this Court is of the view that notice to unofficial respondent No.4 is rpt necessary fur adjudication of the present Writ Petition.

3. The case of the petitioner, in brief, is tfEt an injunction order is granted by the I Additional Family Court-cum-XlV Additional Metropolitan Sessions Judge, Hyderabad, in I.A.No.696 ot 2024 in O.p.I$0.901 of 2024 dt.20.06.2024, whereby the unofficial respondent was directed not to interfere with the custody of the minor children till tlre disposal of ttre main case; that the case was posted to 19.07.2024; that the unofficial respordent herein with the help of the official respondents took custody of the children, even before the said date, in violation of the aforesaid order; that the petkioner had approached the respondents-authorities and 2 \ submitted a representation and in spite of the same no action is taken thereon.

4. Per contra, learned Assistant Government pleader for Home appearing on behalf of respondent Nos.1 to 3 submits that if there has been any violation of the order of the Court which has granted injunction, the petitioner ought to have brought the same to the notice of the Court below on the next date when the aforesaid O.P. was directed to be listed and as such the present Writ Petition is not maintainable.

5. I have taken note ofthe respective contentions urged.

6. The petitioner wiile claiming to have been granted an injunction in his favour by the Court hearing the O.P.No.90L of 2024 by its order dt.20.06.2024 and the aforesaid O.P. being directed to be listed on Lg.07.N24, has filed the present Writ Petition alleging that in the interregnum, the respondents-authorities having handed over the children to the unofficial respondent herein. It is not shown to this Court as to why the petitioner has kept quite, iF there is any violation of the order of the Court below, passed in the O.P., by filing appropriate application in the aforesaid O.P. and to approach this Court after a lapse of nearly nine months by fiting the present Writ Petition.

7. Since, it is stated that the aforesaid O.P. filed by the petitioner is pending consideration before the Court below, it would be appropriate for I I 3 the petitioner to bring to the notice of the concerned Court of the violation of the order passed by it if any, rather than this Court delving into ftre issue of alleged violation of the said order.

8. For the aforesaid reason, this Court is of the vhw that the petitioner should be directed to approach the concerned Court wherein O.P.No.901 of 2O24 is pending consideration and bring to the notice of tire Court of the alleged violation of ttre order, for the Court to take notke of the same and to deal with the said aspect.

9. Subject to above liberty, the Writ petition is disposed of. No order as t0 costs.

10. Miscellaneous petitions, if any, pending in this writ petition shall stand dosed. I ,ITRUE COPY// 'R;tiS#Ni'A:t,EFRIX 1 $ecnot't OFFICER ,o .,. ,n" principal secretary, Home Department secretariat, state of relangana '' HvOeraOaO' n^ri^6 q^, tth East Zone, Saidabad X Road' Z. The Deputy Commrssioner of Police' South Ea -' xWerabad --. 6 ---,,-^, ,aa p..,lic€ Station, Hyderabad City at 3. ?#H;ti* House officer' Bandlasuda Police 4 T;o ccs to Gp FOR HOME, High court for the State of rerangana at t :*:tt 6. Two CD CoPies t':'uJl*'' sAr Advocate toPucl Hvderabad' 'AMSHT' SA LS / l HIGH COURT DATED:21103/2025 ORDER WP.No.8645 of 2025 .\ ,,, n t, -) ,J t: i. t, t1\ 3 0 APR 2025 sPArCtt ;-o DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. / 4z /o /+/4 ,