✦ High Court of India · 15 Oct 2025

The High Court · 2025

Case Details High Court of India · 15 Oct 2025
Court
High Court of India
Decided
15 Oct 2025
Bench
Not available
Length
1,503 words

Acts & Sections

'1 . The state of Telangana, Rep. by its Principal Secretary Home department 2. The commissioner of police, Hyderabad. 3. Deputy commissroner of police, South East Zone office at Saidabad, 4. Assistant commissioner, of Malakpet Office at Dabeerpura police Station first 5. SHO Dabeerpura, police Station. 6. D.l. Upa Shanker, Dabeerpura Police Station Hyderabad. Z E,S Sridhar, Sub lnspector, Dabeerpura Police Station Hyderabad. 8. Munawar Farooqui, Sub lnspector, Dabeerpura police Station 9. Syed FarhatUllah, S/o Salainullah,Age. 55 yrs, Occ. Business, R:/o H.No. 16- floor. 3-984, Flat No. 207, Chanchalguda, Hyderabad

10. It4rs Shireen Firdousi, W/o Mohd Jhangeer Age. Major, Occ. Housewife, Ft/o H.No. 16-3-984, Flat No. 307, Chanchalguda, Hyderabad 'l 1. [\rlohammed Salman, S/o Not Known Age. I\/ajor, Occ. Business, Rt/o H.No. 16-3-984, Flat No. 407, Chanchalguda, Hyderabad '12, Mrs Noreen Firdousi, W/o Mohd Zubairullah Age. t\/ajor, Occ. Housewife, R/o H.No. 16-3-984, Flat No.507, Chanchalguda, Hyderabad

13. fVlohammed Abdul Mujeeb Khan, S/o Mohd Abdul Jaleel, Age, Ma1or, Occ Business, Rl/o H.No. 16-3-984, Flat No. 701, Chanchalguda, Hyderabad. 14. Mrs Ajju, W/o Not Known, Age. Major, Occ. MIM Leader, Rt/o Chanchalguda, tt/alakpet, Hyderabad.

15. N/s. Sumaiya, W/o Not Known Age. Major, Occ. tr/ llvl Leader, Rl/o Chanchalguda, Malakpet, Hyderabad.

16. Mohd Wajhi Uddin Salman, S/o Not known, Age. It/ajor, Occ. MIM Local

17. Hassan Chaush, S/o Not known Age. Major, Occ. MllV Local Worker, Rl/o Worker, Rl/o Near Dabeerpura Bridge, Malakpet Hyderabad. Near Reti ki Masjid, Chawni, Malakpet, Hyderabad. ...RESPONDENTS Petition under Article 226 ot lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any Writ, order of direction more particula Writ of Mandamus declaring 1. The action of the resporrr taking signatures on undertaking,2. interfering in the civil Electric Connections, bridge (connecting two buildings) building and 3. Not taking action on the petitioner complair s 05-2025 as illegal, arbilrary, unconstitutiona I and violates under Art '14, and 21 of the constitution of lndia and r;r respondent 5 to 8 not to interfere in the civii matter and per the petitioner and his family Consequenfly, direct the Re; take action on my comptain dt 28-05-2025 and 08-09-2025 ly one in the nature of ent 5 to 8 for forcibly matters like Water 86 maintenance of the dt. 08-09-2025 85 28- he fundamental rights nsequently direct the ,onal life and liberty of rondent No. 2 to 5 to lA NO: 1 OF 2025 Pelition under sectron 151 cpc praying that in the r;i cumstances stated rn the affidavit filed in support of the petition, the High court n i y be pleased to direct the respondent No. 4 to 8 not to interfere with the civil dis rutes and not to call, summon, threaten, or harass the petitioner pending dispo ar of the above writ Petition. Counsel for the Petitioner: SRI GULAM MUSTAFA RABBtrl ll Counsel for the Respondent Nos.1 TO 5: AGp FOR HOME Counsel for the Respondent Nos.6 TO 17: - The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.27ALS of 2o25 ORDER: Heard learned counsel for the petitioners and learned Assistant Government pleader for Home appearing lor respondent Nos. 1 to 5. With their consent this writ petition is taken up for disposal at the admission stage itself. Notice to respondent Nos.6 to 17 is hereby dispensed with. 2 This writ petition is hlecl seeking following prayer: ". . .the action of the respond.ent Nos.S to B for Jbrciblg taking signatures on und ertaking and irtterferinq in the ciuil ntetters like Water and Electric Connections bidge (connecting lwo buitdings), rnaintenance of the building and not taking action on the petitioner complaints dt.OB.0g.2O25 and. 28.05.2O25 as illegal, arbitrary, unconstitutional ancl uiolatiue of the Fundamental Rights und.er ArticLes 14 and 21 of the Constitution of India and- consequentlg direct tlte respondent lfos.S to B not to interfere in the ciuil matters and personal life and libertg of the petitioner and his family anrl consequently direct Respondent Nos.2 to 5 to take action on mg complaint dt.28.O 5. 202 5 and OB. 09. 202 S" 3 The facts of ttre case in br-ief as stated are that petitioner,s father claims to be olvncr bearing Municipal No.16-3-9g7 2 admeasuring 350 sq.yds., along with Mirza Rafeeq Baig of H.No.16-3-986 admeasuring 180 sq.yds., tota 530 sq.yds., at Chanchalguda. It is submitted that petitioners I lve entered into a Building Development Agreement with Mr. F aisul Hasan to develop G+5 floors registered at SRO, Azampurr on 30.04.201g. Thereafter, the same builder has started constn r tion for another building adjacent to the petitioner's house anct i legally provided Sky bridge from 2"d floor to 7rt floor of the Lr r :r building i.e., H.No. 16-3-984. It is submitted that due to the sa d irregularity in the construction, petitioner filed W.P.No.3093 | c' 2023 and this Court by order dated 07 .l1.2023 disposed of t re writ petition directing the GHMC to take action against iller3 rl construction. Thereafter, GHMC has given shorv cause notice; to the building owners in H.No.16-3-984 on 14.11.2023 an<1 : rssed speaking order directing to remove unauthorized constrlr rtion within 15 days. Finally the GHMC passed vacation notices on 3l.OT.2O2S to respondent Nos.9 to 13. It is further submitl(,( that unofficial respondents have falsely lodged a complair I against the petitioner and basing on the same, the re s >ondent police registered FIR No.67/2025 against the petitioner t is the further case of petitioner that respondent Nos.14 and 5 entered into petitioner building and threatened the petitionr::- and his lamily members that they will file false cases against tlr : petitioner. As -iL- J such, petitioner approached respondent Police to lodge a complaint against respondent Nos 14 and I 5 towards illegal trespass, but the respondent Police has not registered the FIR andstatedthatthematterwascjvilinnature.Inthatregard, petitioner giver-r a complaint to DCP South East Zone on O8.O}.2O25, despite the same, the illegal actions of respondent Nos.14 and 15 has not stopped' Questioning the same' the present writ Petition is filed.

4.LearnedAssistantGovernmentPleaderforHomehasplaced a copy of instructions issued by Station House Officer' Dabeerpura, Hyderabad and woulcl submit that on l4'O5'2025' the respondent Police received a complaint from one Ms'Nooreen I.-irdousi stating that she is the resident of Flat No.5O7 of Yaseen Aariz Heights and Mr.Abdul Sattar who is the landlord stated that he is having demolition orclers from.the High Court and has also disconnected rvater supply to Ms'Nooreen Firdouse flat' Basing on the content of the complaint, respondent Police registered FIR No.67l2025 under Sections 318(4), 324(41' 79' 351(2), 126(21 read lvith Section 3(5) of BNS and took up investigation . On 28 .O5.2O25, the petitioner herein hled a petition before the Commissioner of Police, I{yderabad and the same was forwarcled to Dabeerptrra Poiice Station and after I I t \ 4 lnvestigation, the complaint of the petitioner ,r as closed as ,civi1 in nature'. It is submitted that on 05.09.2025, he petitioner sent another petition through registcrecl post to I abeerpura police Station making complainl_ against the complainant in Cr.No.67 /2025, however, thc said petition ri r s also closed as 'civil in nature' and both the closureS werr: informed to the petitioner through Petition Management SJ,ster r. Along with the copy of instructions, FIR No.67/2025 datecl 1.+ | S.2O2S has been enclosed ald the same has been fumished to llt : learned counsel for the petitioner.

5. Recording the submissions macle by earned counsel appearing on either side, this writ petition is drs 1 osed of directing the respondent authorities to follou, clu,: procedure as contemplated under law before initiating an\ action on the petitioner's property and the petitioner shall c ) )perate with the investigation in Cr.No.67/2025 dated 14.05.202i .

6. With the above directions, this writ petitio r is disposed of Miscellaleous applications, if any pending, shz 11 stand closed No order as to costs. SD/.C. DEEPIKA ASS ISTANT REGISTRAR ---- To //TRUE COPY// .EECTION OFFICER 1 2 The Principal Secretary Home department SecretarialJrr ilding Tank Bund Hyderabad, State of Telanoana. The Commissioner of polici, Hyderabad. 7 Deputy Commissioner Of Police, South East Zone office at Saidabad' Hvderabad. i{;;i;;ic"rrissioner, of fvlalakpet office at Dabeerpura police station first floor. SHO DabeerPura, Police Station' il;dCi; sni cIIAM rr,r-usiAFA RABBANI, Advocate [oPUC] i;; 6dri"-G'iFoE notr,tE, Hish court for the State of Telangana' at Hyderabad. [OUTI Two CD CoPies \ 4 E 6 7 6 PSK. .:ij*k?, HIGH COURT DATED:1511012025 I I ORDER WP.No.27815 of 2025 I I ( ''\ .., J r') 'i0 i;ii ro! .\/, ,/ '-:Fs",,-,..,.^ ',:/ -\.-_._ ------ DISPOSING OF THE WRIT PETTTION WITHOUT COSTS

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