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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the high handed action of Respondent No-2 and 3 in not discharging their statutory functions obligated under Sec.173, 'l 75 of B.N.S.S on the Complaints Dt.28.06.2025 and 30.08.2025 submitted by the Petrtioner, though the contents of the Complaint clinchingly discloses cognizable offences committed by the culprits as illegal, arbitrary, u nconstitutiona l, unjust, violative of Article 14, 19(1)(9) and 21 of the Constitution of lndia and contrary to provisions of Sec.'173, 175 of B.N.S.S, contrary to the judgement rendered in Lalitha Kumari V.v. Stale of UP and consequently direct the Respondent No.3 to take appropriate action against the culprits who indulged in a cognizable offences by duly registering the crime, recovery of Ashok Leyland Goods Carriage Heavy trrlotor Vehicle bearing Registration I c'. TS07UJB664, and handing over the possession of the vehicle to the Petition() lerein, by enquiring into the offences and contents of the Complaints Dt. 28.0(. 1025 and 30.08'2025 submitted by the Petitioner in the interest of Justice. lA NO: 1 OF 2025 Pelition under Section 151 CPC praying that in the ci lJmstances stated tn the affidavit flled in support of the petition, the High C ( Lrt may be pleased pleased to direct the Respondent No.3 to take appropriat: :,ction in compliance ;of Sec.173, 175 of B.N.S S on the Complaints Dt. 28.Oe 025 and 30 08.2025 submitted by the Petitioner and recover the Ashok Le'rl trd Goods Cdrriage i4 forthwith pending Heavy lvlotor Vehicle bearing Registration No. TS0TUJB€ disposal of the main Writ Petition in the interest of Justice. Counsel for the Petitioner : SRI S.LAKSHMI KANTH Counsel for the Respondents: ASST. GP FOR HOME The Court made the following: ORDER THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR Writ Petition No.28359 of 2025 This u,'rit petition is filed seeking the following prayer "...declai.ng the high handed action of Respondent Nos.2 and 3 in not discharging their statutory functions obligated under Sections 173, 175 of BIISS on tLrc Complaints dated 28.06.2025 and 30.08.2025 submitted by the Petitioner though the contents of the Complaint clinchinglg dlscloses cognizable offences cornmitted by the culprits as illegal arbitrary uruconstitutional unjust uioLatiue of Articles 14, 1919 and 21 of the Constitution of India and contrary to prouisions of Sections 173 and 175 of BI{SS contra ry to the judgement renilered in Lalitha Kumari u. Stale of UP and consequentLy direct Respondent No.3 to take appropriate action against tLrc culpits ttho irudulged in a cognizable offences bg dulg registering the cime recouery of Ashok Legland Goods Carnage Heaug Motor Ve licle b e aing R e gistr atio n N o - T S 0 7 UJ B 6 6 4 and handing ouer tLte possesslon of the uehicle to the Petitioner herein bg eftquiing into the offences and contents of th-e complaints dated 28.06.2025 and 30.O8.2025 submitted bg the Petitioner..." .!- 2

2. Heard learned counsel for the pt: irioner and Iearned Assistant Government Pleader for HoIr € appearlng behalf of respondents. With their conser t, this u'rit petition is taken up lor disposal

3. The lacts of the case in brief are d r rr, petitione r claims to be absolute o$,ner of the Ashok l,t: .land Goods Carriage Hear.y Motor Vehicle bearing Reg.l'l r.TS 07 UJ 8664 purchased in the ycar 2015. It is submjt r:d that or-re Kankanala Sammi Reddl. approached tt, petitioner requesting him to lend his vehicle for a very ;hort period for his agricultural operations. Accordingl5, petitioner permitted the said K.Sammi Redd1, to use th: vehicle and return it soor-r after compietion of u,ork. Hower t r, even after long durzrtion, the vehicle was not returned. .\rhen asked about thc return of said vehicle. the said K.Si unmi Reddv suspiciousl5r adjourned the matter on one pr-e ext or other and thercafter, completely abardoned z.: Ld stopped responding to calls and texts of the petitioner. ' 'hereafter, it came to the notrce of the petitioner that hisr vehicle u,as plying on the roads of Gharidepally and was rsed by one P.Saidulu irnd u,hen questioned, the said sai iulu replied J that he purchased the said vehicle from K.Sammi Reddy In that regard, petitioner submitted a written complaint on

28.06.2025 before respondent No.3. However, respondent No.3 did not initiate any action. The petitioner sent the complaint lhrough RPAD on 30.08.2025. Since, no action is taken bv respondent Police, the present writ petition is filed by the petitioner.

4. Though varl()us grounds are rarsed, petitioner confines his prayer to the extent of disposing of the rvrilten complaint dated 30.08.2025 submitted to respondent No.3

5. Learned Assistant Government Pleader for Home, en instructions, u.ould submit that if the said representation is sti1l pending for consideration, the respondent authorities may be directed to dispose of the petitioner's representation and appropriate orders be passed to that elfect

6.ln that vieu, of the matter, this writ petition 1S disposed of u,ith a direction to respondent authorities to consider the written complaint dated 30.08.2025 of the 4 petitioner and take appropriatc action b) cl1ou,ing due procedure as contemplated under 1aw as e> I cdiLiouslv as possible . I\'[iscellaneous petitions, per-rding, if an1 , sh a1l stancl closed. Hou ever, thcre sha1l be no order as to ){)sts SD/- S. {ALLIKARJUNA RAO AS;I iISTANT REGISTRAR //TRUE COPY// \__-,, SECTION OFFICER To, 1- The Principa Secretary, State of Telangana, Departrn: lt of Home' Sccretariat. Hyderabad

2. The Superintendent of Police, Nereducharala-Suryape1 I Road, Kesaram Village, Suryapet District, Telangana-50821 3

3. The Station House Officer, Garidepalli Police Station,li rryapet District, Telangana 508201

4. One CC to SRI S.LAKSHt\41 KANTH, Advocate. [OPl.J - I 5. Two CCs to GP FOR HON/E, High Court for the State r f Telangana. [OUT] 6. Two CD Copies. BSK TKS CAL HIGH COURT DATED:1810912025 !a o \ * Dr c o\11 ORDER WP.No.28359 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS