Smt Nagalaxmi v. 1. The State of Telangana

Petition under Article 226 ot the 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, Order or Direction, more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of respondents 6 and 7 / - in lnterfering in the civit disputes between the petitioner and the 8th respondent in respect ol the hostel premises H.No. 1-g8lgt48. Silicon Valley, [vladhapur, Hyderabad Fcrcing the petitioner to attend the police station frequenly and to sign an MOU to vacate the premises as illegal, arbitrary, unconstitutional, and violative of Articles 14, 19(1Xg), 21, and 300A of the Constitution of lndia, and consequently direct respondents 2 to 7 not to interfere in civil disputes or harass the petitioner and to provide police protection to the petitioner, her family, and hostel residents lA NO: 1 OF 2rC25 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 respon<lents 2 to 7 not to interfere with the possession and peaceful running of the hostel business bythe petitionerin the premises bearing H.No. 1- 9819148, Plot No. 39, silicon Valley, lmage Gardens Road, Madhapur, Hyderabad, als;o not to summon or harass the petitioner in connection with civil disputes with tre Bth respondent by directing the respondents 2 to 7 to provide police protecti<ln to the petitioner, her family members, and hostel residents pending disposal of this writ petition Counsel for ther Petitioner: SRt. HYDERABAD LAW FIRM Counsel for the Respondents No l Tol: AGp FOR HOME counsel for the Respondent No g: sRt RAMA MOHAN PALANKI The Court made the following: ORDER i, l irI I a ! :: .i t I { , t * I , : I i THE HONOURABLE SRI IUSTICE N.V.SHRAVAN KT'MAR PET -QRQE8: I{earcl Iearned counsel for the petitioner ancl learned Assistant covernmcnt Pleader fr:r l{orne appearinl; for resSronclent Nos.1 to B. with their consent, this writ petition is being taken up for disposal at the adrnission stage. 2' I'his writ petit'ion is filed aggrievecl by the action of the responclent Nos'6 and 7 in interfering in the civil disptrtes bet'ween the petitioner and the 8tl' responde.t i, respect of the hostel premises bearing FI.No.1_ 98/9/48, silicon valley, Madhapur, Hycierabacr (hereinafter referred as subject property) forcing the petitioner to attend tl-re police station frequently and to sign an MoU to vacate the prernises as illegal, arbitrary, unconstitutional and violative of articles 14,-tg (1) (g), 2l and 300_A of the constitution of India aucl consequently, seeking a clircction t-o resp.ndent Nos'2 to 7 not to interfere in civil disputes or l'rarass the petitioper a.cl to provide police protectiorr to the petitioner, her famity ancl hostel resiclents. 3' 'I'he brief facts of the case arc that the petitioner claims that petiti.ner and her husband are running hotel lrusiriess to provicle accornmodatio, a.d foocl to students and enrployees, and for the said prupo.se, petitioner took the subject property on leasc under lease deetl dated 17.0g.2ll1for a monthly rent of P.s.1,80,000/- with refu,dabre sec,rity deposit of Rs.6,00 ,0oo/ _ (rater / / ! r ,| 2 increased to Rs.10,00,000/-) and the petitioner spent huge amounts on renovation, frrrniture, kitchen facilities and staffing and paying the rents regularly. It is further subrnitted that during the Covid-19 period, the business suff,:red heavily, which resulted in arrears of rent for which petitioner requested 8th respondent to accept part payments, for which 8tl1 respondent ap;reed. Thereafter, 8ft respondent with a malafide intention to establish her ,lwn hostel, 8th and 9u' respondents along with hired persons repeatedly trt:spassed into the hostel, assaulted the petitioner ancl her husband and threatened them and damaged the property, on account of which a complaint was lodged but, no effective action r,r,as taken and Crime Nos.518 of.202'.4,1548 of 2025 (POCSO) were foisted on petitioner's husband. It is furtlrer submitted that on 16.08.2025, 28.08.2025 and 09.09.2025, large group of persc,ns led by respondent Nos.8 and 9 entered the subject premises, and assaulted, threatened and attempted for forcible eviction and despite the written compl;rint dated 13.09.2025 sent to respondent Nos.2 to 5 (by DTDC courier), no [;.1.R has been registered against . respondent Nos.8 and 9. Questioning the same, the present writ petition is filed.

4. Learned Assistant Government Pleader appearing for Home has submitted the written instructions submitted by Detective Inspector of Police, Madhapur Police Statiory Cyberabad Commissionerate wherein it is subrnitted that one Dr. Venkata Ramani is the owner of the property i.e., Plot No.39, Amar Plaza,lmage Gardens Road, Madhapur. She has given the saicl property to the petitioner and her husband on lease. Later, petitioner's 7 J husbanclsubJeasedthebuitdingtoMs.Jagadeeswaribyfalselyclaimingthat heistheownerandreceivedRs.20,00,000/-towardssecuritydepositandon comingtoknowaboutthesame,Ms.JagadeeswarilodgedF.I.RNo.T65of 2020fortheoffenceunderSections406,420oflPCandthesaidcasewaS chargedanditisunderPTvideC.C.No.50i-of2022onthefileofXAdditional MetropolitanMagisffateCourt,Kukatpalli'Further,thel.rusbandoftlre petitionerfiledo.S.No.T2lof2022seekingtimetovacatethepremisesand Ms.VenkataRamanihasfiledosNo322of.2022tod.elivervacantphysical possessionofthepropertyandthesaido.S.No.s22of.2022wasdecreedon

13.03.2023directingthepetitionertovacatetheproperryandthehusbandof thepetitionerhaschallengedthesameanditispendingandasontodaythe petitionerisinpossessionofthesubiectproperty.Itisfurthersubmittedthat onl6.0s.2025Mr.PakkririAnwarPashalodgedacomplaintstatingthathis rJaughteraged16yearsstayinginpetitioner,shostelsince13.0T.2025irnd petitioner,shusbandhatassedhisdaughteronseveraloccasionsand attemptedtoapproachlr'er,followandon22.o\.2o25triedtosttlphis claughter near parking area, on 04.08.2025 allegediy forced her into a vacant room and misbehaved with the said girl. Based on the said complaint' a case in Crime No.1548 of' 2025for the offence trnder Sections 74,75,,351(2) of the tsharatiyaNyayaSanhita,202S(forshort,BNS,)andSectionTreadwithSof the protection of Ch,dren from sexuar offe^ces Act, z0rz (for short 'Pocso Act,)wasregistered.againstthepetitioner,shusbandandinthiscase, petitioner,shusbandwasarresteclonlg.0s.2025anclsenttoludicialremand / / \I\- ,. --r. __ i and as on 77'09'2025 he is in judicial custody. It is further submitted that on "12'09'2025, rhe owner of the building lodged a compraint srating that the petitionr:r defaulted on rent payments, reaving approximatery Rs.2 crores outstancling, sub-reased the property without consent, and farsery craimed ownership' resulting in legal disputes. Despite a 2023court clecree directing them to vacate an<i pay arrears, they continued to occupy trre premises illega'y and they aregedry attempted to harm them on 10.10.2024 and f,ed delayed crimi.ar cases to harass the comprainant. Based on the said compraint, a case vide Crime No.171g of 2025 was registered and the case is under in'uestigation. Further, the petitioner. has filed private compraint .alleging t$t Srnt. Nadella Venkata Ramni along with 5 unknown persons illegally trespassecr into the hoster prernises, abused her in filthy ranguage and warned her to vacate and attempted to cut the power suppry and on reference, ,r case in Crime No.51g of 2024under sections 3s2,441,406, s04, s06 read with 14 of rpC read with 156 (3) of Cr.Ir.C was registered on 04.0s.2024 and it war; charged and it is pr vide C.C.N o.3069 of 2024. It is furrher submitted :hat on 76.0g.2025 petitioner lodged a compraint stating that smt. Nadella vt'nkata Ramani along with unidentified accomprices u.rawfury entered the hoster, abused and physicafly assaurted her, forcibry rernoved essential ho,;ter property, made farse ailegations and rnedia campaig.s against her husbantl' and on the sarne day attacked him, vandalized hostel facilities and storen cash and varuabres. Based on the said compraint, a case in Crime No'1549 of 2)2s under sections 32g (4),324 (4),305,351 e),r7s(2) read witrr 3 \ i - (5) of BNS was registered against- the accused and during the course of' investigation all the accused were identified and notices under Section 35 (3) of BNSS have been issued and some of the accused are absconding and the case is under investigation. It is further submitted that except conducting investigation in the above crimes, 7h respondent did not interfere in civil disputes between the petitioner and the unofficial respondent and did not force the petitioner to vacate the subject building'

5. In that view of the matter, this writ petition is disposed of directing the petitioner to co-operate with the investigation in the above said crimes ancl respondents are directed to follow the due procedure as contemplated ."rsrlder law before initiating any further action on the petitioner'

6. With these observations, this writ petition is disposed of Miscellaneous applications, if any pending, shall stand closed Ncl order as to costs ,/TRUE COPY/ Sd/. AHMED ABDULLA KHAN --' Ad5tsraur REslsrRAR sEcnrftFFrcER / \ T o

2. The State of Telangana, . Selretariat Buildings, Hyderaoao' principar secretary, Department of Home'

4. TheDirectorGeneralofPolice,TelanganaState,Lakdikapool,Hyderabad. TheCommissionerofPolice,CyberabadCommissionerate,Gachibowli' Ringa ReddY District The Deputy Commissiglgr. .of Police' Cyberabad Commissionerate' ruirirtrpul,' irnga ReddY District' TheAssistantCommissionerofPolice,MadhapurDivision,Cyberabad, Ringa ReddY District' The Circle lnspector, Madhapur P'S'' Ranga Reddy District' The Station House Officer' Madhapur P'S'' Ranga Reddy District' . One CC to SRI HYDERABAD LAW FIRM' Advocates IOPUC] TwoCCstoGPforHoME,HighCourtfortheStateofTelanganaat Hyderabad. [OUTI O.One CC to SRI RAMA MOHAN PALANKI' Advocate [OPUC] 11.Two CD CoPies

7. 8 o 0 HIGH COURT DATED:2:310912025 ORDER WP.No.28138 of 2025 lriE Sirr () () 2 i [lB 7tl2f, * * DISPOSING OF THE WRIT PETITION WITHOUTCOSTS Jzu hJL