Smt. Madugula Saradamb v. The State of Telangana

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction more particularly one in the nature of Writ of f\rlandamus declaring the action of the respondent No.3 and 4 in harassing the petitioner to settle the civil disputes between the petitioner and 5th respondent in police station as illegal, arbitrary, and in violatio n of Art.21 of the Constitution of lndia and consequently direct the respondent No.3 and 4 and his subordinates not to interfere in civil disputes and not to call the petitioner to the Police Station without any case or crime. lA NO: 1 OF 2025 Petition under section r s1 cpc praying that in the t:i cumstances stated in the affidavit filed in support of the petition, the High court rr: y be preased to drrect the respondents No.3 and 4 and his subordinates not to h: r rss the petitioner and not to call the petitioner and her famiry members to the poli: r station without case or crime pending disposal of main Writ petition. Counsel for the Petitioner: SRI GANDURI NAGESWARA F/ O Counsel for the Respondents No.1 to 3: AGp FOR HOME Counsel for the Respondent Nos.4 & 5: - The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.28815 of 2O25 ORDER Heard learned counsel for the petitioners and learned Assistant Government Pleader for Home appearing lor respondent Nos. 1 to 3. With their consent this writ petition is taken up for disposal at the admission stage itself. Notice to respondent Nos.4 and 5 is hereby dispensed u,ith.

2. This writ petition is filed seeking follou,ing prayer:- "...declaring the action of the respondent Nos.3 and 4 in harassing the petitioner to settle the ciuil disputes betu.teen the petitioner and Sth respondent in police station as illegal, arbitrarg and in uioLation of Article 21 of the Constittrtiort of ht.dia and consequently direct the respondent Nos.3 and 4 and his subordinates not to interfere in ciuil disputes and not to call the petitioner to the Police Station uithout ang case or cime..."

3. The facts of the case in brief as stated are that petitioner's late father executed a registered Will deed on 29.01 .2024 aod that as per the Will deed one flat and house bearing No.MIG 548, Road No.1, KPHB colony, Kukatpally, Hyderabad vl,as retained by himself. During his lifetime, petitioner's father sold a'uvav the said house and sale proceeds \4rere distributed arnong the children. trl.* (\ I f \ Hor'vever, respondent No.5 herein u,ho is the sr I of pctitioner's brother has forcibly entered into the said house rr rd occupied the same, though all the children are having eqr-ri,J right over the property. It came to the notice of petitioner that r:spondent No.5 is intending to sell the property to outsiders anrl he approached respondent No.4 for seeking help. Responder-rl IIo.5 draftcd an MOU and forccd the petitioner to sign in thc same atrd that respondent No.4 is threatening petitioner's siste - to l]andover all financial transactions of petitioner's father. Tho - gh, thc dispute is purely civil in nature, respondent No.4 is interl ring ir-r the civil disputes and forcrng the petitioner to settle t I e dispu te rvith respondent No.5. Questioning tl-re same, the prt-'rr 't'tt writ petition is filed.

4. Learned Assistant Government Pleader for ome has placed a cop,y of instructions issued by lnspector of Polir :, KPHB Colonv Police Station zrnd u.ould submit that respondenl \o.5 has lodged a complaint u,ith respondent No.3 on 08.09.2O2 - stating that he is cousin of petitioner herein and petitioner i nd otht:rs had cheated, playgd fraud , and misappropriated I ]r I assets ol his grandparents. Pursuant to the said complaint, I c sponden L Police made a GD entry and called the petitioner Lnd her lamilv members for cr-rquiry. When the said complaint r: under t'nquir1, f 7 respondcnt No.S lodged a fresh complaint and that a case rn Cr.No. 1228 12025 dated 19'O9'2025 under Sections 318(4)' 316(21 of BNS has been registered against petitioner's sister and petitioner and the investigation is under progress' It is submitted that the contention of petitioner herein that respondent No'4 harassed the petitioner and involved in the civil disputes is false and incorrect and that petitioner artd her sister is required are required for the purpose of investigation in Cr'No' l22B 12025 dated 19.09.2025 cr:rder Sections 318(4)' 316(2) of BNS'

5. Recording the submissions made by learned counsel appearing on either side, this writ petition is-disposed of directing the respondent authorities to follou' due procedure as contemplated under law for further course of action' Needless to state that petitioner shall cooperate with the enquiry' Withtheabovedirections,thiswritpetitionisdisposedof' 6 Miscellaneous applications, if any pending' shall stand closed No order as to costs SD/. M. JAWAHAR REDDY ASSI ANT REGIST //TRUE COPY// To I The Principal Secretary' Home Department' State HYderabad.

2. The Commissioner of Police' Cyberabad' KPHB' 3. The S.H.O' KPHB Ps' Kukatpalli' Hyderabad 4 One CC to SRI GANDURI NAGESWARA RAO' 5 Two CCs to GP for Home' High Court for HYderabad lOUTl

6. Two CD CoPies CTION OFFICER langana, Secretariat' Hyderabad. Advocate [OPUC] the State of Telangana at HIGH COURT DAT D-:23t. 912025 t: lJ ?- iD \ i,-,'/ i";/ '.i,:ii.f!,irc1 'i.- ORDER WP.No.28815 of 2025 DISPOSING OF THE \^/ lIT PETITTON WII"IOUT COSTS