High Court · 2025
Case Details
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 Mandamus, declaring the action of the respondents 1 to 6 police failing to initiate investigation into the complaint dated 07.04.2025 and 10.O4.2025 of the petitioner is illegal and arbitrary and against the principles a natural justice and also violative of Article 19 (1) (g) and 21 ot the Constitution of lndia and consequently Direct the respondents police to restore access to run the office of the petitioner in 235/2RT, Vijayanagar Colony, Hyderabad 500 057 to discharge his professional duties by considering the complaints dt 07.04.2025 and 10.04.2025 of the petitioner lA NO: 1 OF 2025 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 police to restore access to run the office of the petitioner in 23512RT, Vijayanagar Colony, Hyderabad 500 057 by removing the wall erected in front of the petitioner office by discharging his professional duties by considering the complaints dt 07.04.2025 and 10.04.2025 of the petitioner, pending disposal of the main writ petition lA NO: 2 OF 2025 Petition under Section 15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to appoint an advocate commissioner to assess the damage caused in the petitioner office situated al 235l2RT, Vijayanagar Colony, Hyderabad 500 057, pending disposal of the main writ petition Counsel for the Petitioner: Ms. K. JAYASREE Counsel for the Respondent Nos. 1to6: GP FOR HOME Counsel for the Respondent Nos.7&8: -- The Court made the following: ORDER THE HON'BLE SRI .JUSTICE T. VINOD KUMAR W.P.No. r39O3 of 2O25 ORDER Heard learned counsel for the petitioner, learned Government Pleader for Home appearing for respondent Nos.l to 6, and with the consent of the learned counsel appearing for the respective parties, the Writ Petition is taken up for hearing and disposal at admission stage.
2. Having regard to the manner of disposal of the Writ Petition and the nature of lis involved, this Court is of the view that notice to unofhcial respondent Nos.7 & 8 is not necessary for adjudication of the present Writ Petition.
3. The case of the petitioner, in brief, is that aggrieved by the action of the 7tr respondent in constructing a wall closing the ingress and egress of the petitioner to the property let out to him i.e., premises bearing No.235/2RT, Vijayanagar Colony, Hyderabad, he had approached the respondents-authorities and lodged complaints, dt.07.04.2o25 and dt. 10.04.2025; and that in spitc of the petitioner lodging the aforesaid complaints, no action has been taken thereon, which action of the respondents- authorities it is contended as highly illegal and arbitrary. I t I I i ! I i 2
4. Per contra, learned Government pleader for Home appearing for responde nts submits that since, the contents of the complaints lodged by thc petitioner indicate a dispute of owncr and tenant, the authorities did not take any action.
5. I have taken note of the respective submissir>ns made.
6. Having regard to the submissions made as irbove, and taking note of the fact that if the respondents-authorities fail to take any action by causing enquiry within (14) days fr-om the date of aforesaid cornplaints lodged, the petitioner can avail further remedies provided under BNSS, and since, it is not showtr to this Court of the petitioner availing such remedies, this Court is of the view that the petitioner should be relegated to avail the remedies provided under BNSS, as it is a complete Code in itself.
7. Granting liberty to the petitioner to avail rt:medies provided under BNSS, the Writ Petition is disposed of. No order as to costs.
8. Consequently, miscellaneous petitions, if any, pending shall sLand closed. To, SD/-S.MALLIKARJUNA RAO t\ - ASSISTANT REGTSTRAR //TRUE COPY// \ r : \ \ sEcrloNoFFlcER it\i 'l . The Principal Secretary, Home Department SecreYrriat, T.S,Hyderabad 2. The Director General of Police, Telangana State, DGP Office, Lakdikapool, Hyderabad Mehdipatnam, Hyderabad
3. The Commissioner of Police, Hyderabad City, Banjara Hills, Hyderabad 4. The Deputy Commissioner of Police, South West, Humayunnagar, 5. The Assistant Commissioner of Police, Asifnagar, Hyderabad 6. The Station House Officer, Humayun Nagar Police Station, Hyderabad 7. One CC to Ms. K. JAYASREE, Advocate [OPUC] 8. Two CCs to GP FOR HOME ,High Court for the State of Telangana at . ./ ,/ Hyderabad [OUT] _ 9. -.Two CD Copies --- . -.*-".',-- - :{r}--- HIGH COURT DATED:01 10512025 ORDER WP.No.13903 of 2025 t O 1,, \E S14 r4: +o( 2B Juti M L,I a( + oS:; Ir AT C \rr-:(\ -a,' a I ! I i I i i I I I I I I I I I DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,// ,b I { /J