High Court · 2025

PRESENT THE HONOURABLE SRI JUSTICE N'V'SHRAVAN KUMAR ON NO: o 28532 F 2025 WRIT P ETITI ""*"iilnu..ed waieed Ali' s/o Late Mohammed Jaffar Ali Aged about 40 years occ-B usiness, ni" n' ill' r]ti-i]rti)i nn'eo n'ga r' First Lancer' Hvdera Dao ...PETITIONER AND 1 The State of Telangana, Rep' by its Principal Secretary' Home Department' s"iretJat Buildin96, HYderabad'

2.TheCommissionerofPolice,HyderbadCity,Banjarahills,Hyderbad. 3. The Deputy Commissioner of Police' South West Tone' Hyderabad City' 4. The Assistant commissioner of Police, Asifnagar Division, Hyderabad city' 5. The Station House officer, Mehdipatnam Police Station' Hyderabad' 6. lVlohammed Subhan, S/o.Late.Mohd.Yousuf, Age 67 years, Occ Business R/o Ahmed Nagar First Lancer Hyderabad

7. Zaf ar Ahmed Khan, Sto.Aziz Khan, Age.55 years Occ Business Fl/o H No' 10-6-42171, Ahmed Nagar, First Lancer Hyderabad. ...RESPONDENTS 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 any order or orders or direction, Writ or Writs more particularly one in the nature of a WRIT OF IVIANDAMUS declaring the action of the Respondents No.2 to 5 not taking any action on the representation dt.08.09.2025 and not providing the Police Protection to my life and property is as illegal, arbitrary, malafide and violation of principles of natural Justice and consequently to direct the Respondents No.2 to 5 to provide the police protection to the petitioner and his property in pursuance of the representation dt.08.09.2025 infhl interest of justice and equity. lA NO: 1 OF 2025 Petition und-^r Section 151 CPC praying tnit in tne circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct tfre Respondents No.2 to 5 to provide the police protection to the petitioner and his property in pursuance of the representation dt.08.09.2025 pending disposal oi the above Writ Petition in the interest of justice and equity. Counsel for the Petitioner : SRl. CH JANARDHAN REDDY Counsel for the Respondent Nos. 1 to 5 : AGP FOR HOME Counsel for the Respondent Nos. 6 & 7 : -- The Court made the following: ORDER ,' THE HONOURABLE SI{I JUSTICE N.V.SHRAVAN KUMAIT a ORDER: WRI'I PETITION No.28532 of 2025 I'his n'rit pctitiorr is filecl seeking following prayer:- " to issue nny order or ttnie rs or direction Wit or Writs nrore partia nrly ont in tlt tnture ol a WRIT OF MANDAMUS declaing the action Ltf the llcspottdctrts No.2 to 5 not taking any action on the represettatiorr dt 08.09.2025 and not prottiding the Police Protectiott to nry lrfe mrl pntperttl is as ilLagal, arbitrnry, malafde nnd aiolahon of princiTtles of nnlural lusticc nnd consequently lo tlirect the Respondents No.2 to 5 to proticle tlrc police protection to the petitioner and lris proyerty itr pursumtce of tlrc representntion dt 08.09.2025 in tlu inturest of justicc nd cqtitt1."

2. Ilrief facts of the case are that petitioner and his four brothers are absolute owncrs and possessors of Flouse No.10-5-181/1, admeasuring 75 Sq.yarcls. situated at Ahurecl Nag;,rr, First Lancer Hyderabad, having acquired the same by virtuc of registerecl Gift Deed document No.495/2009 c1t.31.01.2009, rcgistered at SRO Colconda, executed by petitioner,s mother smt. Maleka sultana, in favor of pctitioner and his brothers. Respondent No.6 without having any rights and title over the subject property, filed R'C'No'180/2013, against petitioner and his brothers before the I Additional Rcnt Controiler, Hvdc,rabad, an<i the same was dismissed by judgment dated 22.70.2078. Aggrieved b1, the same, respondenr No.6 filed R,C.A. No.77 / 2079 before the Aclditional Chief fudge, City Small Cause Court at Hyderabad, and the same was dis,rissed by the iudgment dated 06.06.2022. In spite of the said orders, respondent No.6 anci 7 are intcrfering with the petitioner,s life and liberty, therefore, pctitioner filed representation ciated 0g.09.2025 before respondent Nos.2 to 5 requcsting to provic.le police protection, however, no l action has bcen taken on the saici roprescntation. Aglyit.vecl bv the same, the present pe titiorr is filed.

3. Sri M. Srinivas, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 5 placed instructions of Sub-lnspector of Police, Mehdipatnam Police Station, wherein it is statecl that based on the complaint given by the petitioner, thc 5th respondent registered FIR No.244 of 2024 against A1-Mohammed Subhan (respondent No.6) and A2-Zafar Atuned Khan (responclent No.7) and others. Durir-rg invcstigzition, the S.l. of Police, Mehdipatnam Police Station examined the complainant, L.W.2 and recorded their statements, and issued noticcs u/ s. 91/779 BNS on 25 04'2025 and

24.07.2025, and under Section 35 (3) of BNSS ctatecl 04'05'2025 to the accused' Both the Parties have submitted their tlocumcnts aucl the case is under investigation.

4. Heard Mr. (lh' Janardhan Recldy' lcarncd couusel fol the petitioner and learned Assistant (lovernment Pleadcr for Llome appearing for respondent Nos.1 to 5. with their consent, this writ petition is being tak.. up for disposal todaY. Recorcling the submissions of tl-re learned couusel for the petitioner and ) learned Assistant (icvernmerrt Pleader for Home' tl-ris writ petition is disposed of directing responder^t Nos' 4 and 5 to consider the representation dated 08'09 2025 of the petitioner for provicling police protection to the liftr and libert)' of the petitioner and take appropriate action strictiy iu accordance,n'jth law 6 Miscellaneous applications, if an1' pending, shall stand closed No order as to costs. SD/. A. SRINNASA ISTANT RAR //TRUE COPYI/ SECTION OFFICER * P' Home Department' I '"', *r,:lrg?Llf; 5ll33:,1;f;'Bo?vo

2. The Committ'"n"' "'t'"i'I"' 3.rheDeputv"""'";;;f 4. The Assistant Commissioner 5. The Station n"'* "n'""'' 6. OnoCC to SRl 7. Two CCs to GP #;t 8. Two CD CoPies "H''O*O*'*ON 'Hlgh :::' .."'""ry' Hvo"'uuo City' Baniarahills' Hyderbad' Po'ice'*-i*"::',"'';:"::1""'T':::t:"' of Police' Asifnagi t\ilehdipatnam Police Station' Hyderabad' REDDY Advocate IOPUCI Court for the State of Telangana' [oUTl PVL GJP '(r H,GH COUR.T DATED;19 t}g/202s ORDER WP.No.2g 532 r>f 2O2S lt ttr nn DISPOSING OF THE WRIT PETITION WITHOUT COS S \\ COd"A