✦ High Court of India · 25 Sep 2025

The High Court · 2025

Case Details High Court of India · 25 Sep 2025
Court
High Court of India
Decided
25 Sep 2025
Bench
Not available
Length
1,499 words

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 or Direction more particularly in the nature of Writ of Mandamus declaring the action of Respondents No' 4 and 5 in interfering in Civil disputes between the Petitioner and Respondent |'lo' 6 in respect of Premises Ground Floor Hall' Office Space and AC rooms in First Floor, Hostel and store room in Fifth Floor admeasuring 5301 sft in Vani Nilayam, 50, Sebastian Road, Secunderabad' as illegal' arbitrary' unconstitutional, and consequently direct the Respondents No' 4 and 5 not to interfere in Civil disputes between the Petitioner and Respondent No' 6 r=..f-+E!'F' lA NO: 't OF 2025 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 the Respondents No. 4 & 5 not to harass the Petitioner by calling to Police Station and not to interfered in the business of the Petitioner in Premises Ground Floor Hall, Office Space and AC rooms in First Floor, Hostel and Store room in Fifth Floor admeasuring 5301 Sft in "Vani Nilayam", 50, Sebastian Road, Secunderabad, pending disposal of the Writ Petition pending disposal of the above writ petition Counsel for the Petitioner: SRl. E. SREENIVASA RAO Counsel for the Respondent Nos. 1to3: SRI G. AiIIKETH REDDY, AGP FOR HOME Counsel for the Respondent Nos.4to6:- The Court made the following: ORDER .TY THE HONOURABLE SRI JUSTICE N.V'SHRAVAN KUMAR WRIT PETITION No.29429 of 2025 ORDER: Heard learned counsel for the petitioncr and Sri G'Aniketh Reddy' learned Assistant Governrnent Pleader for Horne appcaring for respondent Nos.1 to 3. With their consent, this writ petition is being taken up for disposal at the admission stage itself.

2. This writ petition has been filed seeking the following Prayer:- "to declare the he actiort of Respondents No-4 and 5 in interfering itr Ciail disputes between tlrc Petitioner and Rcs1tondcnt No 6 in respect of Premises Ground Floor Hall, Offce Spnce and AC roonts in First Floor, Hostel and Store room in Fifth Floor adnrnsuring 5301 Slt it "Vani Nilayam", 50 Sebastian Road, Secundet-nbad, ns illcgal, arbitrary, ttncinstitutional and consequently direct the Rcs|ondents No 4 and 5 not to interfere in Cittit disputes beh'oeen tlrc Petitioncr nnd Respondent No.6.'

3. Brief facts stated in this writ petition are that Petitioner along with one sri.Girish Reddy, is running a partnership firm uncler name and style ,Amruthavani Motels'. The case of the petitioner is that respondent No.6 represented him as the owner of prernises i.e., 1;rouncl floor ha[[, office space and AC rooms in first floor, hostel ancl store rootrl in fifth floor of "Vani Nilayam,,, 50 Sebastian Road, Secunderal.lacl. Believing tlrc, sanre, Petitioller in respect of the subject property have enterecl into lease aggrement dated

01.08.2006 and 01.11.2006. It is further subnritted that ior terr irration oI the tenancy, the respondent No.6 issued notice clatecl 03.05.2013 uncler Section 106 of T.P.Act and subsequently, rcsporrtle.rrt No.6 by nris rcprcscntitrg the facts, filed o.s.No.232 of 2013 and thc learrred I Atlclitional Chief Jutlge, Citv Civil Court, Secunderabad, decreecl thc satne in iavottr of thc rcspotrderrt No.6. Further case of the petitionL'r is that on 01 09.2025 ancl 10.09.2t)25 .*--_- 2 responderlt No.5 calted the petitioner and insisted the Petitioner settle the dispute nith rcspondent No.6 and handover the possession of thc subiect property to the rcspondent No.6. Aggrieved by the sarne, this writ pctition is filed.

4. Lcarncd Assistant Government Pleader for Home appearing for respondent Nos.l to 3 placed on record instructions issued by Inspector of Police, Gopalapurarn Police Station, Hyderabad, wherein it is subrnitted that on 01.09.2025, resprondent No.6 lodged a complaint against the Petitioner stating the following - "1, L-r.Pnppuln Sutlhakor, Administrator of Amnttluoani, humbly subnrit the follotoing consideratiott and necessary action against one Prabhakar Reddv. Tlrc niLl Mr. M. Girislt Reildy who zoas our tenant uas nmning tlrc Arurutlnotrtti Motcls located at H. No. 9-1-134/7,Vani Nilayanr Sebastinn Rutd, Secunderabod, had executed an MOU on 74tlt August 202:t. As ycr tlrc snid MOU lrc had undertaken tlrut lrc zoill lundouer all tlrc porlittr ttttlt'r his ltossession as per clause lll, and lus handed outr to ne 31-08-2025. Tlle ofl-tcc in tlrc grountl floor that was lnnded ouer tlrc ttacnnt l,()ss('ssi(,,r nttl tlt kcys by Mr. M. Girish Reddy wltich is in tlrc ground ond ottc Problnkar Reddy had come last night at about 10:30 pn lnd illcgdlry brokttt opcn tlte ot'fce in the ground lloor and lnd illcgnlly put his lock attl ltns lt.ft. Tlrt' stuLl l'rnllnkor Rcddy lms nothing to do with tltc Antrutlmtmi lvktttls nt,l ttotL' iolto clains to be tlre partner of Mr. M. Cirislt Rcddrl lns Itighlmndt,dl4 totttt' nnd stated tlut Mr. M. Girislr Reddy llr,s dttts tlnt lrc /,rrs t{) l)r?r/ rnd ltt'ncc lt: lus placed his lock 6n our prolierty illcgally. Thc trttin.l/ ll'ns onlq ltcftoeen Amrutluoani and Mr. M. Girislt Rcddy till 2012 ttttd tlrcrt'ions a cnsc flled by us on tle fle of the 7n Addl Clic_f /rrd.qt' Crrrrrt rtt Sccrtndcrahad oide OS 232 of 2013 nnd the snnn' u'ns itt ortr tLttortr rtt.l tlrrenftcr nn appeal zoas fled by Mr. M. Cirish Rttlrfil itt tlrc Llt r Cottrt i'idc CCCA No. 193 of 215 toltidr was also disnrisserl orr 13-ll-2D1 attl Llu,orrler zt,as in our faoour. ln tlrc nrcantinrc, tltt soid A,Ir. ,\[. Grrr:/r Rcddy lws conrc for a contpronisc and executcd tltt' snid A,[(l [ 1 ,rrr 14 ()S 2025. Wrcrein the MOU clearly states in cloust,s 4 to 7 tlml il tlrrt is rtnrl suclt clnims by any person or persons rcting on btltnlf o.[ tlr stid i\'4r. N't.Ciri:Jr Reddq, the MOU stands null antl uoitl md tln, srrir/ ,l1r.i\1. (',rri:lt Rcddrl slnll pnrl the arrears of rents thr ntrtl papl L, bq tlr lrittr lo Atttrtrtlrni'uti. IIcrtct' r-t'rirrt./.'r1 to hrkc attitttt." i%Fa?€td::::{

5. Learncd Assistant Govcrnment Pleader submits that pending the 3 above complaint dated 01.09.2025, respondent No.6 made another cornplaint on 23.09.2025, stating that the petitioner along with others tresPassed the subject property and broken the lock. On said complaint, FIR No.181 of 2025 under Section 329(4), 126(1), 324(4), 351(2), read with 3(5) BNS was registered on 23.09.2025 and the petitioner was arrayed as A1. It is further submitted that respondent Nos.4 and 5 are performing their duties and are investigating the matter and the respondent authorities neither interfercd in the civil dispute nor l'ras insisted the petitioner to hand over the possession of the subject property to respondent No.6.

6. Recording the submissions made by learned counsel appearing on either side and without expressing any oPinion on the merits of the case, this writ petition is disposed of directing respondent authorities to follow due procedure as contemplated under law before initiating anv action agairrst the petitioner or the subiect property. It is made clear that the petitioner shall co- operate with the pending investigation in FIR No.181 of 2025 dated

23.09.2025. 7 . With the above directiory this writ petitiou IS e{isposed of Miscellaneous applications, if any pending, shall stand closecl. No ordcr as to To, SD/. B. REKHA RANI ASSISTANT REGISTRAR /ffRUE COPY// SECTION OFFICER T S..Hvderabad

1. The Principal Secretary, Home Dep z inib6mhissioner of Police, Hyder - N" r z. eaniara Hills, HYderabad artment, Secretariat Buildirgs, Saifabad' abad Tower-A, ICCC Building' Road +--:iLEitsn* +iffi;'

3. The Assistant Commissioner of Police, Gopalapuram Division, Secunderabad 4. One CC to SRl. E SREENIVASA RAO Advocate TOPUCI 5. Two CCs to GP FOR HOME ,High Court for the State of Telangana at Hyderabad [OUT]

6. Two CD Copies BM F( HIGH COURT DATED:2510912025 \ I \ 1HES oR o * 2 4 tli'R 2!.l76 .t; t J eO u OROER WP.No.29429 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS p*.4 c\ (_o &{"

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