The High Court · 2025

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 Writ of Mandamus, declaring the action of the respondents police in not considering the representations dated 29.11.2024 of the petitioner requesting to vacate the unoFficial respondent no.5 from the leased premises i.e, shutter No. 7, Royal Menswear in St. Mary's Church Commercial Complex' Subedari' Hanamkonda belongs to the petitioner basing on the judgment and decree dated_ Ot.og.2122 passedin OS NO. 371612022 (Old OS NO. 105412022) on the file of court of the Principal Junior civil J udge-cum -Judicial First class Magistrate, Hanamkonda is illegal, arbitrary against the principles of natural justice and also violative of Artrclei 14, 19,21 and 300-A of Constitution of lndia and --#iaaatt consequently direct the respondents police to vacate th€i r rofficial respondent from the leased premises of the petitioner shop immediale,l 5y considering the representation dated 29. 1 1 .2024 and as well as judgmerrt alerl Ol .09.2022 in the interest of justice. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the : in the affidavit filed in support of the petition, the High CoL r Direct the respondents police to vacate the unofficial resporr premises of the petitroner shop rmmediately i.e., Shutler Nr in St. Mary's Church Conrmercial Complex, Subeda r considering the representation dated 29 11.2025 and also L dated 07.09 2022 passed in OS NO 371612022 (Old OS N - file of court of the Princrpal Junior Civrl Judge-cunr . Magistrate, Hanamkonda, pending disposal of the main writ i- 1)unrstances stated nay be pleased to ent from the leased 7, Royal Menswear Hanamkonda by igm ent and decree 105412022) on lhe rCicial First Class llition Counsel for the Petitioner: SRI ARRAM SHIVASHANKAR Counsel forthe Respondent No.1 to 4: ASST. GP FOR HOf I l Counsel for the Respondent No,5: - - - - The Court made the following: ORDER ,=r.liP4ErylF.tqrr // // i THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR Writ Petition No.25561 of 2025 This rvril pctition is liled seeking the follor,r'ing prayer "...declaing the action of the respondents police in n.oL consideing the representations dated 29.11.2024 of the petitioner requesting to uacct.te the unofficial respondent No.S front the leased premises i.e., Shutter No.7, RogaL Mens Wear in St.Ma.rys Church Commercial Complex, Subedari, Hanontkonda belonging to the petitioner bcLsin.g on the judgnr.enl and decree dated 07.09.2O22 passed in O.5.No.3716/2022 (Old O.S.No. 1O54/ 2022) on the file of Court of the Principal ,Junior Ciuil Judqe cunt-.ludicial iirst Class lvlaqistrate Hcrnantkondct as illegal arbitrarg ctgainst the principles of natural justice and also uiolatiue of Articles 14, 19, 21 and 3OOA of Constitution of lndia and cot'tsequentlg direct the responderuts police to uclcate the unofficiaL respondent from the leased premises of tlrc petitioner shop immediately by considering the representcttion dated 29.11.2024 and as well as judgment dated 07. O9. 2 02 2.. . "

2. Heard learned counsel for tl-re petitioner and learned Assistant Government Pleader for Home appearing on behatf of respondenl Nos. L to 4. With tht ir consent' this rvrit petition is taken up for disposal. Notiir to respondent No.5 is dispensed with. 3- The facts of the case in brief ar: ihtrt orrgir-rallY respondent No.5 obtained thc leasc of SL r tle| No.7 from the petitioner to run a biblc shop undcr thl nane and style 'Roya1 Mens Wear'. Thc saicl lease cxpireri tn 31 .12.2021, thereafter, respondent No.5 neither vacal: l ttre pre mises nor \ ras pal,ing rents to tl-re petitioner :,i c:ret.v. As such petitioner sent a legal notice on ( ( .05.2022 ernd respondent No.5 gave repll' to the sairl cgal notice on 1O.06.2022. Thereaftcr, petilior-rer filcd a srr t for errrction in O.S.No.3716 of 2022 (Old O S.No.105'1 ol- , .)22 ) or-r tl-re file of Principal Junior Civil Judge - cum JuJ r:iai First Class Magistrate, Hanumakonda on the grotLt-r J of recove .v of arrears and the said suit was allou'ed Lrr judgement and decree dated 07 .O9 .2022. Even after I assing of the judgement and decree, respondent No.5 rl r not \racate the said shutter. In that vieu' of the rn. :l-er, petitioner approached respondent Police and made e reprcsentation on 29.11.2024 by narrating ali the incide I .s. I Ior.l errer, till J date respondent PoHce has not taken any action on the said representation of the petitioner. Questioning the same, the present writ petrtion is filed

4. Ttre Sub lnspector of Police, Subedari Police Station has placed a cop]' of instructions through learned Assistant Governmet-rt Plcader for Home stating that petitioner made a complair-rt on 29. | 1 .2024 stating that M.Kalpana rvho is the tenant of pctitior-rer is not paying rents and doing illegal acts artd basLng on the said complaint, responclent/ Police made a GD entry and during the course of enquiry,, it is reveaied that there is a civil dispute pending betu.een the petitioner and respondent No.5 a4d that after completion of enquiry, respondent/ Police clo sed th c complaint as civii in nature on 26.L2.2024 and the same has also been informed to the petitioner through Petition Management System. As such, the respondent/ Police acted upon the petitioner's complaint and closed the same.

5. in that vie'"r, of the matter, since the respondent/ Police had already closed the complaint of the (. \ I petitioner as civii in nature. After arguing for r; rrretime, the learned counsel for the petitioner submlts 1-,it pe titioner rvould pursue remedies b1, wa1, of filing ]lxccr tron Petition in the said suit. in vieu, of the same, the prt:.-tioner may pursue appropriate remedy as available unde:r il\\'

6. With the above obserrzations, this rr r t petition is clisoosed of. Miscellaneous petitions, pending, if an. shal1 stand closed. Hou.ever, there shal1 be no order as 1.o ( lstsi- $s \ Sd/.U.SUDHA S STANT REGISTRAR / ..-_- SECTION OFFICER //TRUE COPY// To, 1 2 3 4 5 6 7 The Principal Secretary, Home Department, The State c Secretariat, Hyderabad The Commissioner of Police, Hanumakonda Commissi: Hanumakonda The Assistant Commissioner of Police, Subedari Poli<;e Hanumakonda District The Station House Officer, Subedari Police Station, Su: District One CC to SRI ARRAIII SHIVASHANKAR, Advocate [o Two CCs to GP FOR HOME, High Court for the State <,1 Two CD Copies BN Telangana, rerate, itation, Subedari rdari Hanumakonda ,UC] Telangana. [OUT] PMK Yk HlGH COURT DATED:2810812025 l ORDER WP.No.25561 of 2025 t., a, \ 10i:; ffi DISPOSING OF THE WRIT PETITION WITHOUT COSTS 10 ,odd w-. 6-ttt"