High Court · 2025
Case Details
Acts & Sections
) Smt. Zarina Sultana Sayyad Toufikh, W/o. Sri. Syed Toufeeq Syed Jalal, Age 49 years, Occ. Housewife, R/o. Flat No. 201, 2nd Floor. K.K Platinum Burj. Balreddy Nagar, Tolichowki Hyderabad. ..PETITIONERS AND 1 2 3 4 o The State of Telangana, Rep, by its Principal Secretary, Home Department, New Secetriate, Building Tank Bund Hyderabad, T.S The Commissioner of Police, Hyderabad, Telangana. The Deputy Commissroner of Police, South West Zone, Hyderabad City. The Asst. Commissioner of Police, Golkonda Division, Hyderabad City. The Station Housd Officer, Langar House Police Station, Hyderabad. Smt. Mariya Tahseen, W/o. Late. Syed Qizar, D/o. Saleem Uddin Khan, Age about 30 iears, Occ. Housewife, Fl/o. H. No. 9:7-377, Tolichowki, Mohammadi Line, Golkonda, Hyderabad.
7. Mohod Azar Uddin Khan, S/o. Saleem Uddin Khan, Age about 30 years, Occ. Housewife, Rl/o. H. No. 9-7-377, Tolichowki, Mohammadi Line, Golkonda, Hyderabad. ...RESPONDENTS Petition under Ailicle 226 of lhe Constitution of lndia praying that in the circumstances stated ii the affidavit filed therewith, the High Coud may be pleased to issue an appropriate Writ, order or direction more particularly one in the nature of WRIT OF MANDAIUUS directing the respondents to restrain from interfering in the personal liberty of the petitioners without any complaint against them which is in vio at on of their fundamental rights guaranteed under Article 21 of the Constitution o'Indra by declaring the over action of Respcident No. 5 who is calling the petitlcrers to the police station in family disputes asking them to settle it in the Police Station as illegal, arbitrary, unr3asonable and unconstitutional, prima fade amounts to abuse and misuse of executive powers, and consequently di'ect Respondent No. 5 not to interfere in the family disputes and not to call, not to harass the petitioners. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circurrstances stated in the affidavit filed ir support of the petition, the High Court ma / be pleased to direct the Respondent No. 5 to refrain from calling thE petitione's to the Police Station Langar House in the Family disputes. i Counsel for the Petitioners: M/S. DR.J. VIJAYALAXMI Counsel for the Respondent Nos.l to 5: GP FOR HOM Counsel for the Respondent Nos.6 and 7:---- I i The Court made the following: ORDER THE HON'BLE SRI JUSTICE T. VINOD KUMAR W.P.No. LO778 of 2025 ORDER: Heard learned Counsr'l ior the petltione: rs, le:rrnc cl Government Pleader for Home appearing lor the o1'ficiari : r'sponcicnl Nos. 1 to 5, and u,ith the conscnI ol the learned counsel appcarinq [or the rt'spcctir,,c paltir-s. tht rlrit p( Lrti()l] rs takcn r-rp irlr hearin:1 and disposal at admission stage.
2. Having regaid to the narure of lis invdlved in the Writ Petition and the rnh..r.re. of disposal, this Caurt is of the view that I 'ncitice to - uriofficidl reslioirtient lVo.6 & Z is not 'necessary adjudication of the present Wrir Petition. I I
3. The case of the petitioners, in brief, is that the respondents- authorities, in particular the 5rh respondent is calling the petitioners to the police station, thereby interlering \,",ith rhe personal life and Iiberty of the pctirioners, u'ithour rhere bcing an1 compl:rir.tt lodgcd or crime- registcred :rgainst thcnt. u hir lt :rcr ion ol' the respondents-authoriri.rs ii is colttended as hrghlr iliegal ancl arltitrzrr,,.
4. It is also the further case of the petitioners thill thc\' .irc entitled to receive Certain service benefits on account of their son's death as per the nomination executed by him; and that the Sth 2 ( respondent, at the behest of the unofficial respondents, is now coercing the petitioners to give up their right in tfre serrice benelirts receivabie, rn favour of the unofficial respondents he rein, whidh err'lion oi' .i'r'| r( spolt(lcnt in r'rlercinFI the pdtitloncrs usillg their polt'r. is \\ i lrr il lLnr auIhorttv ancl ji-rrisdiction
5. Per cor 'trrt. learned Gor,'ernment Pleadcr appearrrLg on behalf r-,l the oi-llciirl rL spondcnts submits that the unolTicial respondent No.6 hereirr had approached the respondents-auth orities alrd lodged a complaint on 25.03.2025; and that on the l>asis of the aforesaid complaint'received, the authorities have made a GD entry and called the petitioners to the 5h respondent-polic : station to verifu as to the correctness of the conte ts, of the afo resaid complaiarti-'
6. Learned Government Pleader furthe f submitr; that respondents-authorities, except causing pre]imlnary enquiry lrtto the aforesaid complaint lodgcd b1' the 6s rdspondent herein, are I not.intcrfcring ri ith the personal life and iibe v of the petitioner or ,ft courcinq tirr' pt'ii[ioncrs [o scltlc the st'l'vice bentllits of their rlr'. r';,sL I \ " ll .'\,)llr ol thc fr' :r'sp()nd( nl.
7. l'lre alirrcsilid subtnissiorl made b.v thq learned (iovernment Plcader ior Hc,nrt' is taken on rccord 3
8. In uieu'oI the aforesaid sttllnlissiot.:s mttc]c ancl since' t]rc' 5tl' respondent claim to be in reccipl of zr compiaint, dt.25.03.2025' from the 6fi respondent hereit-t, this Court is of the vics' thzrt the re s ponden ts- au th $rities are to be directed to conduct preliminary enquiry into the contents of the aforesaid complaiht, without interfering with e personal life and libe of the petitioner and take further actiorf, strictly in accordancb with law g. Subject to the above observation and direction, the Writ Petition is disposed of. No order as to costd. l
10. Consequently, miscellaneous petitions, if any, pending shall I i stand"closed.- //TRUE COPY// SD/.S. MALLIKARJUNA RAO ASSISTANT REGISTRAR SECT toN OFFICER
1. The Principal Secretary, Home Department, New Secetriate, Building Tank Bund The State of felangana, Hyderabad, T S. 2. The Commissioner of Police, Hyderabad, Telangana. 3. The Deputy Commissioner of Police, South West Zone, Hyderabad City. 4. The Asst. Commissioner of Police, Golkonda Division, Hyderabad City. 5. The Station House Officer, Langar House Police Station, Hyderabad. 6. One CC to M/s. DR.J. Vijayalaxmi, Advocate [OPUC] 7. Two CCs to GP for Home, High Court for the State of Telangana, at 8. Two CD Copies Hyderabad [OUT] / To, TJ LS HiGH COURT DATED:10 t0412025 I At (, :E .i i l-.q s .t ."S P * C tl/.i c, ORDER WP.No.10778 o12025 irr cti ',f DlsPoslNG oF THE wRlT PETITIoN WTHOUT COSTS // /t I1 / 4