High Court · 2025
Case Details
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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 pass an order or direction one in the nature of writ of mandamus or any other appropriate writ, order or. direction, holding that the action of the Respondents No.4 and 5 in interfering with the possession of petitioners private Hospital by name and style M/s. Saglain Multispeciatty Hospital at H.No.13-6- 82311411,2 & 3, Piller No.102, Langar house, Hyderabad, and attempting to ,7 dispossess the Pelitioners, being in collusion with unoff cial Respondent No.6 and pressurizing th,: Petitioners for private setflement antj misusing their official powers being policer officials, is illegal, arbitrary, malicious, politically motivated, against the principlers of natural justice and fair play, besicles violative of Articles 14, 19, and 21 of c,rnstitution of lndia and this Hon'ble cc)urt may be pleased to direct the Respondent No_4 and 5 not to interfere in the Civil d ispute and compelling the Petitioners to come for private setflement. 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 Respondent No.4 and 5 not to interfere in rhe civil dispute and compelling the Petitirrners to come for private setflement during the pendency of the above writ petition. Counsel for the Petitioners: SRI SK.ASHRAF Counsel for the Respondent No.1 to 5: Gp FOR HOME Counsel for the ResSrondent No.6: SRI P.N.ARUN KUMAR The Court made the lbllowing: ORDER HON'BLE SRI JUSTICE T. VINOD KUMAR WRIT PETITION No.l 410 of2025 ORDER: Heard learned counsel for the petitioners, learned Covemment Pleader for Home appearing on behalf of respondent Nos.l to 5 and Sri P.N.Arun Kumar, learned counsel appearing on behalf of respondent No.6, and perused the recordr With the consent of learned counsel appearing for the parties, the Writ Petition is taken up for hearing and disposal at admission stage.
2. Shorn of unnecessary details, the case of the petitioncrs in brief is that respondent Nos.4 and 5 are interfering with the possession of the petitioners private Hospital in the name and style ol M/s.Saqlain Multi Specialty Hospital at H.No.13-6-823114/1,2 &3,Prllar No. 102, Lanagar House, Hyderabad in collusiorl with the 6th respondent and pressurizing the petitioners for private settlement by misusing their olficial powers, which action, it is corltended as illegal, arbitrary, malicious, politically motivated, against the principles of natural justice and fair play, besides violative of Articles 14, 19 and 2l of Constitution of India, with a consequer[tial direction to respondcnt Nos.4 ands 5 not to interfere in the civil disputes. 2
3. Per conlra, leamed Govemment Pleader appearing on behalf of respondent l\los. I to 5 while denying the Writ averments would submit that based on the complaint made by respondent No.6 dated l5-04-2025, the authorities have registered a case r,ide Cr.No.7l12025 dated 15-04-2025 wherein the l't petitioner herein is arrayed as Accused No.I and petitioner No.2 herein is arrayed as Accused No.3.
4. Leameri Government Pleader for Home furthel subrnits that the aforesaid crirne has been registered against the petitioners under various provirsions of law under the Bharatiya Nyaya Sanhita (BNS) and that the petitioners in order to prevent the authorities from investigating into the aforesaid crime, have filed the present Writ Petition by making wild and false allegations against the respondent authorities of interfering with civil disputes and trving to dispossess the petitioner:; lrom the subject premises, though the contents of the complaint todged by 6th respondent does not relate to any civil dispute.
5. Leamecl counsel appearing on behalf of 6th respondent would submit that the 6'h respondent had approached the respondent Nos.4 and 5 and lodl4ed complaint in relation to death of her husband and as such, complaint cannot be treated as civil dispute. 3
6. I have taken note of respective contentions urged
7. Though, the petitioners by the present Writ Petition claim of respondent Nos.4 and 5 seeking to dispossess them from the subject premises at the behest of respondent No6 thereby interfering in the civil disputes, since, it is now stated before this Court that based on the complaint made by 6th respondent herein, the authorities having registered a case vide Cr.No.7ll2025 wherein it is stated that the respondent authorities having served notice dated 22-04-2025 under Section 35(3) of BNSS to.the accused, this Court is of the view that the respondent authorities are to be directed to conduct investigation into the aloresaid crime strictly in accordance with law without interfering in the civil disputes, if any between the petitioners and 6'r' respondent.
8. Subject to above observation and direction, the Writ Petition is disposed of. No costs
9. Consequently, miscellaneous petitilons, if any, pending shall stand closed. To, //TRUE COPYII SD/. A.SREENIVASA REDDY STANT REGISTRAR SECTION OFFICER
1. The Principal Secretary, Home Department, secretariat, Hyderabad. State of Telangana.
2. The Commissioner of Police, Hyderabad Commissionerate, Telangana State. 3. The Asst. Commissioner of Police, Hyderabad Commissionerate, at Golkonda.
4. The Station House Officer, P.S. Langarhouse
5. The Sub lnspe,:tor of Police, P.S Langarhouse' 6. One CC to SRI SK.ASHRAF' Advocate [OPUCI 7. 'One CC to SRI P.N.ARUN KUIUAR, Advocate IOPUC] B. Two CCs to (iP FOR HOME, High Court for the lltate of Telangana at Hyderabad [OtJT] ,/ \
9. Two CD CoPies B BS TKS I f t fllGH COURr DATED:3010612025 t i 14,.( \. \ o () 2 5 AUE 2025 f,,,.Si'.. '( r.r ORDER WP.No.15410 of 2025 DISPOSING OF THE WRIT PETITION, WITHOUT CCISTS { w