Fatima Begum v. The state of Telangana

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 vacate the lnterim Orders passed on 07.04.2016 in W-P M.P No.'14667 of 2016 in W.P No.1165'l of 2016 pending the writ petition, Counsel for the Petitioner: SRI S.MIR MASOOD ALI KHAN (Nor eRESENT) Counsel for the Respondent No.'l to 5: SRI R.LAXMIKANTH REDDY, AGP FOR HOME Counsel for the Respondent No.6 to 10: SRI MOHD QURESHI The Court made the following: ORDER 'ia:4,!' ,i /,:' THE HONOURABLE SRI JUSTICE N.TU(.ARAMJI WRtT PETITTON No.I 1651/2016 ORDER This writ petition is filed seeking for the follo'.r'ing reliei "lssue 0 writ order or direclion particularly oqt' in nalure of I|{ANDAM\IS declaring inaclion of the respondent No- I t,'.' .i nd not Io evict the petitioner .from house H. No. 13-1-1234/37/12/A, Sarw', Nagar, Jhirrrt, lsiJ Nagar llydcrabad, Telangana-500067 without .fallou'it;g duc protes.; of law and pa.ss such other order or orders as this Court deems lil irnd proper".

2. None appears for the petitioner.

3. Heard Mr.R.Laxmikanth Reddy, learned Assistant Govemment Pleader for Home appearing for responCent Nos. I to5

4. Learned Assistant Govemment Pleader wotrld subrnit that the respondent/police authorities never interferecl or insist the petitioner tbr vacating the subject house property.

5. I have perused the material available sn 1966,r.1

6. This Court having considered the subrr.rLssions of the petitioner on 07.04.2016 granted interim dir:ction to the I I respondent police authorities not to insist upon tli:r pelitioner for 2 'r -: vacating the subject house property in exercising of their powers under criminal law. 7 . Having regard to the submissions of the leamed Assistant Govemment Pleader and the interim relief granted by this Court, making it absolute with a further direction to the police authorities not to vacate the petitioner from house No.13-1-1234137142/A, Sarwar Nagar, Jhina, Asif Nagar, Hyderabad, without following due process of law is found proper and is accordingly ordered In view of the above, this writ petition stands allowed. No

8. costs. Pending miscellaneous applications, if any, shall stand closed. To, //TRUE COPY// SD/-P. PONNA KRISHNA ASSISTANT REGISTRAR G SECflbN OFFICER

1. The Secretary, Home Department, Secretariat, Hyderabad, State of Telangana.

2. The Commissioner of Police, Baheer Bagh, Hyderabad. 3. The Deputy Commissioner of Police, West zone, AC Guards, [trlasabtank, Hyderabad.

4. The Assistant Commissioner of Police, Asif Nagar Division, Near Piller No 7, [/ehdipatnum, Hyderabad.

5. The Station House Officer, Police Station Tappachabutra, Plot.No.35, Ambedkar Nagar, Hyderabad-500067.

6. One CC to SRI S.MIR MASOOD ALI KHAN, Advocate [OPUC] 7. One CC to SRI N/IOHD QURESHI, Advocate [OPUC] 8. Two CCs to GP FOR HOME, High Cou( for the State of Telangana at Hyderabad [OUT] I .lw 1 Two CD Copies I BSR GJP l I t HIGH COURT DATE D : 1 210812025 7'. I .+ - r 7,. l. i9 rn 2sg 'r, '> \\ ,tr. '\_ ,: :., : 'rr t' I ORDER WP.No.11651 of 2016 ALLOWING THE WRIT PETITION, WITHOUT COSTS \q c I r i I a \ I I I