Rahul Rai Jaiswal v. The State of Telangana

Petition under Ailicle 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 any writ, or order or direction more particularly one in the nature of writ of Mandamus, declaring the action of the Respondent No. 4 calling the Petitioner frequently to the police station, more particularly on 03-04-2025 and again on 04-04-2025 and insisting the Petitioner to execute an undertaking not to enter and enjoy the property admeasuring about 10 X 10 Square feet equivalent to admeasuring 11 square yards towards the North-East side of the property belongs to Petitioner's father bearing H. No. 14-7-204 to 2O9, situated at chudi Bazaar, Begum Bazaar, Hyderabad and towards the South-East side ofthe land belongs to l I I vi(je unofficial Respondent Chudi Bazaar B egum B Schedule prope(y Civil Judge, City Civ,/ C questioned as illega l, law abuse of po,/ver e violative of Article,s 1 4 direct the Respon Cer t the private parties pert feet eguivalent to adne bearing fl. No. 14-7_219(part ), 14-7-22C to :,t22 situated at azaar, Hyderabad (which the subject nertter of the Suit OS No. 5220 ot 2024 on the file of the rjor,ble lll Junior ourt, at Hyderabad) in fa vour of unofficial lles arbitrary, colorable exercise of Dower pondent is abuse of process of ntrusted by law, abuse of official capac ity ;rnci position and 19 and 21 of the Constitution of India lVo. 4 not to interfere into the civil dispu te penoing between aining to the property admeasu nng about 10 )( 10 Square asuring 11 square yards toward s the North_E:ast side of the property belongs b pr:t itioners father bearing H. No. 1 4-7-204 to T9 situated at Chudi Bazaar, Begum Ba.zaar Hyderabad and towards the South-East side of the land belongs to unofficial Resp ondent bearing H. No. 14-7-219(partt, 222, situated at Chudi tla:zaar Begum B azaar, Hyderabad. .A No 10 2025 petition and corrsequentially i 4-7_220 to F under I to int"tr"'u

1.51 cpc praying ti the affidavit r,,"o ,, ,r"l.t_'r in the circumstan( the petition ;ffi,i't es stated in the Responder, ," ,i:'l: .or -into court mav be pleat;ecr to direct ;;J::t private parties o"nr,n,"l''.' o'oo"nr;;;"j''' dispute pendins behveen the equivarent ,o about 10 X 10 {ist'are reet "or"u",ll^l]1" property beronss," o",l:: the North-East siid") or the rather t::;;;;-l"s chudi Bazaar, Bur* p'l:nor's 14'7-204 to 20e' sitt ated at tvo"'oa-J:;: ;J" rand beronss r" ,r"rr,"i]::,"'' the South-Easr siidr., orthe 222' situatedar chudi ;,ll:::":t"'i;;;;:1""s t"r;;;;"'" i l*;",,J.i:ffil ';,:r,::i: the writ 11 square ;;.';:-t "",,;";';;",1'""ot Counset for the petitione counser ror the Responr:-::' counser forthe Respon""r'Jrr,].-'- The Court made the followinrJ: ORDER DIDA ,IJAYA K,MAR 4: GP FoR HoME THE HON'BLE SRT JUSTICE T- VINOD KUMAR Writ Petition N .10497of 2025 ORDER Heard learned counsel for the petitioner, learned Government- Pleader for Home appearing for respondent No.l to 4, and with the consent of the learned counsel appearing for the parties, the Writ petition is disposed of at the admission stage.

2. Having regard to the manner of disposal of the Writ petition at the admission stage and the /rs involved, this coud is of the view that notice to unofficial respondent No.5 is not necessary for adjudication of the present Writ Petition.

3. The case of the petitioner in brief is that the 4h respondent is calling the petitioner frequenUy to the police station.and in fact, had called him on 03.04.2025 and 04.04.2025 and directed him to execute an undertaking not to enter into the property which is subject matter of suit, vide O.5.No.5220 of 2024 on the file of the III Junior Civil Judge, City Civil Court, Hyderabad, in spite of an injunction being granted in his favour, viide 1.A.No.465 of 2024, which action of the respondents, it is contended as highly illegal, arbitrary and without sanction/authority of law.

4. Per contra, learned Government pleader appearing on behalf of respondent Nos.1 to 4 submits that at an earlier point of time based on i l i 2 the complairt made by the petitioner, on02.02.2025, the rurhorities have made a GD entry and undertook enquiry; and that durin] the course of enquiry, the il rthorities having learnt about the injunction ,trcer passed by the civil CoLrrt closed the compraint as'civir in nature', on 1r.)2.2025. .

5. Learnecr Government pleader further submits ftrat the 5th respondent had approached the 4h respondent authority arrd lodged a complainrl or C1.04.2025 against the petitioner; that or r::ceiving the aforesaid co, plaint/representation, the authorities have made a GD entry and for the t,L,rpose of causing enquiry into the aforesaid ccmgrlaint lodged by the 51h rr:spondent, the authorities have called the p€titilner to the police statior.

6. Learn<:d Government pleader further submits that excr3pt causing enquiry into t.re complaint given by the petitioner and ,:tgainst the petitioner, ilre -espondents-authorities are not interferinr; n the civir disputes nor ()ercing him to execute an undertaking not to enter the subject land ers alleged. 7 . The aforr:said submission made by the learned Governmr:nt pleader for Home is tErken on record.

8. Having regard to the respondent_s-authorities claim submissions made as above, since the to have only caused enquiry into the complaint lodged by the petitioner as well as lodged by the 5h respondent 7 3 against the petitioner, this Court is of the view that the respondents are to be directed to conduct enquiry into the aforesaid complaints and take further action, if warranted, strictly in accordance with law.

9. Subject to the above direction, the Writ Petition is disposed of. No order as to costs.

10. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. //TRUE COPY// SD/.K.AMMAJI DEPUTY BEGIS TRAR SECTION OFFICER To,

1. The Principal Secretary, Home Department' Secretariat' The State of Telangana, HYderabad

2. The Commissioner of Police, Hyderabad Commissionerate' Hyderabad 3. The Assistant Commissioner of Police' Hyderabad Commissionerate' Goshamahal Division 4ThestationHouseofficer,Policeshahinayath,Hyderabadcommissionerate' Goshamahal, HYderabad

5. One CC to Sri Dida Vijaya Kumar' Advocate [OPUC] 6. Two CCs to GP for Home, High Court for the State of Telangana' at Hyderabad [OUT]

7. Two CD CoPiei L'r* \ t HIGH COURT DATED:0810412025 ORDER WP.No.10497 of 2025 * 21 t'lA.( ZU]S z r) .a+ * , OF PAT. -r r(f ::a DISPOSING OF THE WRIT PETTTION WITHOUT COSTS \o c"@