High Court · 2025

7. Mr. Ghouri, S/o. Not know to Petitioner, Aged. Major, Occ. ASI of Police, P.S. Mehdipatnam, Hyderabad. B. Syed Zaibiullah Hussaini, S/o. Late Syed Amant Hussain, Aged about 58 years, Occ. Business, Rlo. 10-2-447, Deendar Anjuman, Asif Nagar, Hyderabad-500028 ...RESPONDENTS Petition under Article 226 o'f lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ or direction, more particularly one in the nature of a Writ of Mandamus, declaring the action of Respondent Nos 2 to 5 ln failing to act on the representation given by the Petitioner dated 11.O8.2025, regarding the illegal eviction of the Petitioner from the prop,trty bearing H.No. ?0- 2-450, Deendar Anluman, Asrf Nagar, Hyderabad, at the nstance of Responbent No. 8, with the aid and assistance of Respondent Nos. 6 7, and their officers, as arbitrary, illegal, and violative of Articles 14, 21 , and 300A of the Constitution of lndia, and consequently drrect Respondent Nos. 2 to 5 to t.Ike appropriate action on the sard representatron dated 1 1.08.2025 within a fixec time frame. lA NO: 1 OF 2025 Petition unrjer Section 151 CPC praying that in thr circumstances stated in the affidavit filed in support of the petition, the High C rurt may be pleased to direct Respondent Nos 2 to 5 to take appropriate actiorr cn the representation dated 'l 1.08.2025 within a fixed time frame, pending disposal of the above writ petition Counsel for the Petitioner: SRI B.BAL REDDY Counsel for the Respondent No.1 to 6: AGP FOR HOME The Court made the following: ORDER ( I THE HONOURABLE SRIIUSTICE N.V.SHRAVAN KUMAR ) WRIT PETITION No.25294 of 2025 ORDER This writ petition is filed seeking following praycr:- "to issue an appropriate Writ or direction more particularly one in the nature of a WriL of Mandamus clcclating the action of Respondent Nos.2 to 5 in failing to act on the representation given by the petitioner dated 17.08.2025 regarding the itlegal eviction of the petitioner from the property bearing H.No-10-24-50 Deendar Anjuman, Asif Nagar, Ilyderabad at the instance of Respondent No.8 with the aid and assistarlce of Respondcnt Nos.6 and 7 and their officers as arbitrary, illegal ancl violative of Artictes 14,21 and 300.4 of the ConsLitution of lndia and conscquenlly direct Respondent Nos.2 to 5 to take appropriate action on the said rcpresentation dated 11.08.2025 within a fixecl tine frarne."

2. The petitiorrer claims that her husband by name Mohammed Naseerudclin is thc lawful possessor of H-No.10-2-450, adrneasuring 200 squarc yards situated at Deendar Anjuman, Asif Nagar, Hyderabad (hercinaftcr rcferred as'the subiect property'). The said property formed part and parccl o[ Decndar Saheb Khibla, established by Hazrath Moulana Syed Siddiclue Deendar Saheb Khibla, in a singie compound to preach Islam. The petitioncr's husbancl constructed residential units for the residence of his clisciples ancl for the rcsidence of preachers of Islam, and her husbancl is one of the prcachers of Islam. Since 2006, the petitioner along with her husband and childrcn are rcsidir-rg in the subject property without any interruption from anYone. 1

3. It is subnrittcd that rcsponclent No.8 without h. r,ing iiny right or. ) interest over the subject property, on 71.07.2025, at aroun .l 12:00 Ir.M., atong with Respondent No. 7 and somc officcrs of Responclent \ro. 6, came to the subject property a.cl forceiullv evictcd the petitioner ancl h:,.fanrilv members. Respondent No. '7 and ther of ficcrs of r.csporrc{ent No. 6 fort.:ful]1, entcrecl the house and threw arr'av the householcl articles and handed , r,er Possession of the subject propcrt\. to rcspondcnt No.8. The said fac. was immecliatelv informcd to responderrt No.6, but there u,as no resp()nsLr. Thr. petitioncr suspects that rcspondent Nos.6 and 7 havc colludcd r.r,itlr rcspondent No.8 and conspired to evict thc petitioncr ancl hcr family mcmbi,r'; frorn the subject property for the purposc of har1ciing ovcr thc possession t r resprtndent No.8. Thereafter, questionine thc sairl illcgalities, thc p{,t tioncr nude a representation datccl 11.08.2025 to respondcnt Nos.2 to 5, requcsting to take appropriate action against responc{cnt No.7 and thc other officcrs of respondent No. 6, r.,,'ho.rrc irrr t'rlvcd in the said cviction. In tlie representation, copies of the photograprhs lravc Lreen filcd to.show thc in,,olvernent of thc police officials. 1-hough thc saitl rcprcsentation was givL,lr on 1't.08.2025, no action has been takerr bv rcspondent Nos.2 to 4. Question ng thc same, the present writ pctitirr:r is Iilt'd.

4. Sri M. Slinivas, lcarnctl Assistant Govcrnntent ])[:adcr. for Home appearing for responrlcnt Nos.1 to 6, placecl instructions ol Sublnspector of Police, Mehdipatnarn Policc Statiotr, IJvrlcrabatl, whcrcin t is statcd that the petitioner has gr\rrrlr a pctition to thc Deputy Comnrjs:;ionr'r of Police, ) Hvderabacl on 11.08.2025 vide Inward No.5799. The Deputy Commissioner of ^ Police, South West Zone, Hyderabad, forwarded thc same to the ACp, Asif Nagar Divisi.n, South West Zone, Hyderabad vide Memo dated 12.0g.2025, ancl thc same was forwarded to respondent No.6 for enqu.iry and necessary action. Thercafter, respondent No.6 enquired into the allegations made by the petitioner and submittecl a report on 22.09.202s to the Deputy Commissioner of Police, Hyderabad. The rcport is extracted below for reference: "lt is b submit that thc petitioner stating that her husband Mohammed Nasecrutlclin is thc absolute owncr of Il. No:10-2_450, Deendar Anjuman, Asif Nagar, Hvderabacl and she along with her husband and children are residing in thc saicl propcrq, from 2006 and alleging that Syed Zaibiullah Hussaini, hatched a plan to dispose her and her family mcmbers from the said properfy and the police personnel trespassed into the said house and thrown house articles with support of Syed ZaibiulLrh Hussaini and evicted from house and also alteging that Inspector of Policc instructecl the police pcrsonner of Mehclipatnam police station to get her vacated from such house. In this regard, it is submitted that on 14.07.2025 in the evening hours received a pcridon fronr Sahabzada Alhaj Syed Zaibiullah Hussaini @ Bhaqu S/o. Sahabzacla S\.ed Amanath tlussaini, Age:52 years, Occ: Teacher, R/o. H.No.10_2_ -l{7, Deenclar Anjuman, Asif Nagar, Ilyderabad in which he stated that he is rcsrding in thc above merrtioned address from tast 35 years, along with his family mcnrbers antl one of his ancestral proper$r bearing H. No: 10_2-450, Deendar Anjuman, Asif Nagar is givcn on rent to one person and five persons namely 1) Sajicla (pctitioner), 2) Waheect, 3) Sidctiq, 4) Sharfuddin, 5) Dilavar entered into srrch a[eged house and throrvn out the tenant's belongings and threatened him arrd abuscd him and they arc quarrelling with him that such property belong to thenr. Hence, he requested to take necessary Iegal acLion against them_ Basing on thc contcrlts of the petition, I have made made a petition entry vide ackrror'r,leclgement no: FIYD/MEH tlyD/74OZ2S/00480 on 74.07.2025 and entrusted the same to Sri Syed Waseem Ghouri, ASI of police for enquiry and rcport. I--urther respondent No.6 irutructed Sri. Syect Waseem Ghouri, ASI of l']olice for enquiry and report. 1 ) Further I have instructed Sri Syetl l{aseenr Chouri, r'.5r;t. Sub-InsPector of police, Mehdiparnanr P S, Hyderabad to verify the issuc in ;uch regard' On such irstructions, the deputetl officer along \'t'ith Smt Reena, \\1'nren Home Guard visited the spot and enquired in detail. C)n cuquiring uil r both parties, the complainant named Sahabzada ,\lhaj Sycd Zaibiullah Hrir's,tin produced some documentation to him and thc Pctitioner tramed Mrs Saircl,r Begurn also stating that this proPerty belongs to her' Thcn thc deputed officer ntrticed that thc issue is a civil dispute, as such rnattcr cannot be dcalt with police olfLr:ers arrd he advised both parties to settlc dreir issue before the Flon'ble Civil Cour . Moreover, it is also submitted that fhe dcputed police cr[licer hacl not entered nor throrvn out any housc arhclcs from thc said house nor su 1r; orted any parties in this matter Tl.re allcgations ma(le agairlst the L)olice officcrs rr the petitioncr Mrs Sajida Begum are baselcss and void oF trtrth Hence I am herewith submittirrg Lhe cletailed report as lilis petition is to be disposed as "CIVIL-DISI'U I E". l'm herervith enclosing the.ri{inal petition along wittr this rePo't "

5. Learned counsel for the petitioner submits that tle respondent Police are hying to settle thc disputcs ancl thev are also ilrhlrfering in the civil disputes betwt:en the pctitioncr aud rcspondcnt Nos.7 and 8, and copy of the photographs have been filcd'

6. Heard Mr. B.Bal Redc{y, learned counsel for thc 1c:itioner and learned Assistant Government Pleader for Hot.ue appcaring for r,::pondent Nos.1 to 6. With their consent, this writ petition is being taken up fo rJisposal today.

7. Recording the submissions of the learned couns(, for the petitioner and learned Assistant Government Pleacler for Home, sincr: it is stated that the Station House Officer, Mehdipatnarn I'olice Station, has closed the complaint of respondent No.8 as civil in naturc, this writ petition s clisposed of directing ; ) l i i h- ) respondent No.5 not to interfere in the civil disputes between the petitioner and I respondent Nos.7 ar-rc1 8, without following due process of law.

8. Miscellaneous applications, if any pending, shall stand closed. No order as to costs //TRUE COPY// SD/. MOHD. ISMAIL EPUTY REGISTRAR SECTION OFFICER 4 To, '1. The Principal Secretary (Home Department), Dr Hyderabad, State of Telangana. R, Ambedkar Secretariat.

2. The Director General of Police, Telangana State, at Lakdi-ka-Pool, Hyderabad.

3. The Commissioner of Police, Hyderabad Tower-A, ICCC Building, Road No 12, Banjara Hills, Hyderabad

4. The Deputy Commissioner of Police, South-West Zong' H.V!^e1qb^qd, Opposite Pillar N6.6pVNR Express Way, Mehdipatnam, Hyderabad-500028,

5. The Assistant Commissioner of Police, Asif Nagar Division' Hyderabad, Opposite Pillar No.6 PVNR Express Way, Mehdipatnam, Hyderabad-500028' 6. The Station House Officer, P.S. Ivlehdipatnam, Opposite Pillar No.7 PVNR Express Way, Mehdipatnam, Hyderabad-500028 7. One CC to SRI B.BAL REDDY, Advocate IOPUCI B. Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad [OUT]

9. Two CD Copies BSR TKS HIGH COURT DATED:04 tlgt2O2S I i i I ORDER WP.No.2S294 ot 2O2S ,i\ \ I Z 4 ii[I 20ffi ,</ -) (), .: .- ,/ .\\ ^ ';. . '^tc\t ' j.-,/ i DISPOSING OF THE WRIT PETITION, WITHOUT COSTS I ql^ tD )