Mohammad Umar v. The State of Telangana

Petition under Atlicle 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 inaction of the respondent No.4 police in taking action on the respondent No.5 to direct the respondent No.4 to register a crime against the respondent No.5 who obtained his present position as Assistant Director in T.S. Urdu Academy by means of impersonation B.A. D€ree from Maulana Azad National Urdu University, Hyderabad and consequently dirrr t the respondent No.4 tc register a crime against the respondent No.5 for the offr,r ce he committed under Section 319(1), 316 (2) and 336 (2) of Bharatiya Nyaya Sar I ita,2023. l.A. NO: 1 OF 2025 Petition under Section 151 CPC pralng that in the cir( rmstances stated in the affidavit filed in support of the petition, the High Court ma) re pleased to direct the respondent No.4 to register a crime against the respondent No 5 for the offence he committed under Section 319(1), 316 (2) and 336 (2) of Eil aratiya Nyaya Sanhita, 2023, pending disposal of the above writ petition Counsel for the Petitioner: SRl. MOHAMMAD ISMAIL Counsel for the Respondent No.l: GP FOR MINOR|TIES t IELFARE Counsel for the Respondent No.4: SRI M. SRINIVAS, AG: FOR HOME )EPARTMENT Counsel forthe Respondents No 2,3 & 5: SRt ABU AKR,I Vt The Court made the following: ORDER IN THE HIGH COURT FORTHE STATE OFTELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.31772 of 2025 DATE:12.02-2026 Between: Sri Mohammad Umar. AND The State of Telangana,, Rep. by its Principal Secretary, Minorities Welfare Department, Secretariat, Hyderabad and 4 others. ...Petitioner . Respondents ORDER This writ petition is filed seeking following relief: "...to issue an appropriate Writ, order or direction more particularly one in the nahrre of Wnt of Mandamus declaring the inaction of the respondent No.4 police in taking action on the respondent No.5 to direct the respondent No.4 to register a crime against the respondent No.5 who obtained his present position as Assistant Director in T.S. Urdu Academy by means of impersonation B.A. Degree from Maulana Azad National Urdu University, Hyderabad and consequently direct the respondent No.4 to registcr a -\\ z crimc against the respondent No.5 for the o0t rce he committed under Section 319(l), 316 (2) and . 36 (2) oi'Bharatiya Nyaya Sanhita, 2023 ..."

#2. Heard learned counsel for the petitioner, le ]med Assistant Government Pleader for Home and leamed bounsr: lor respondent Nos.2 and 5. Perused the record. 3 Learned counsel for the petitioner submits tlL t the petitioner had worked as a librarian in the erstwhile Urdu A,; ulemy, Andhra Pradesh, at Visakhapatnam, where he is said to have filed an application under the RTI Act with regard to the 11 ralifications of the employees working in the Telangana State 1- "du Academy, Hyderabad. He further submits that information pertaining to Respondent No. 5 has also been fumished to the 1r :titioner under the RTI application

3.1. He submits that, upon verification of the ce r flcates of the unofficial respondent, it was revealed that the unoffic al respondent had passed B.A. in First Division in the Urdu oedium from Maulana Azad National Urdu University, Gachibov, i, t{yderabad Despite this, the unofhcial respondent does not hav: any'writrng J skills in Urdu, and the said B.A. degree is alleged to have been obtained by Respondent No. 5 through impersonation. Accordingly, he submits that the petitioner filed an application to Maulana Azad National Urdu University, Gachibowli, under the RTI Act, seeking information with regard to the hall tickets and answer sheets of Respondent No. 5, which have not been fumished for the past three years

3.2. However, he submits that the petitioner filed a complaint before the Abids Police Station, Hyderabad, and it was reptied that the complaint filed by the petitioner did not disclose any criminal offence. Accordingly, the petitioner was advised to approach the Telangana State Minorities Welfare Department for redressal. Since the petitioner's complaint was not registered, he submitted a complaint to the Commissioner of Police, Hyderabad, seeking registration of a case. He further submits that the unofficial respondent obtained a B.A. degree in Urdu medium in First Division without having knowledge of the said subject and is drawing a basic salary of Rs. 1,04,430/- per month by submitting an impersonated B.A. degree certificate to Respondent No. 3. 4

3.3. He further submits that the present writ p, 1i1i6n has been filed seeking a direction from this Court to enqu r I into the Urdu writing skills of the unofficial respondent and to rake appropriate legal action against the unofficial respondent. Stati rg so, he would seek to pass appropriate orders

#4. Learned Assistant Government Pleader for Il tme, basing on the written instructions of the Sub-Inspector of Polic:, Abids Police Station, Hyderabad, submits that since the petitio rcr has filed a petition belore the Commissioner of Policr, Hyderabad, Respondent No. 4 has addressed a letter to Rcll ondent No. 3 seeking certain inlormation regarding unofficial Rr,l pondent No. 5 to veriS the grievance raised by the petitioner. He:"rrther submits that, although the petitioner filed a petiticr before the Commissioner of Police, Hyderabad without the 'e being any formal complaint against the unoffrcial respondt:r t, action has nevertheless been taken by Respondent No. 4 by s,::king relevant information from Respondent No. 3. Hence, the a[ egation made by the petitioner that the respondent police have rot taken any 5 action on his petition is false and baseless. Stating so, he would seek to pass appropriate orders.

#5. Leamed counsel for the unofficial Respondent No. 5 submits that the petitioner had earlier filed W.P. No. 38570 of 2013 before this Court, which was withdrawn on 20.07.2018. He further submits that, without any basis or valid complaint against the unofficial Respondent No. 5, the petitioner has fited the present writ petition only to satisfu personal vengeance against Respondent No.5.

5.1. It is also submitted that, as admitted in the writ affidavit, in response to the RTI application made by the petitioner, the lnspector of Police, Abids Police Station, Hyderabad, informed that enquiries had been conducted on the petitioner's petition dated

19.05.2022 and the same was closed, advising the petitioner to approach the concerned authorities of T.S. Urdu Academy, Hajj House, Nampally, vide proceedings No. 753IOWPS-ABD12022 dated27.09.2022 1 6

5.2. He submits that the petitioner has filed the pr€: 3nt writ petition against thc unofficial respondent out of personal vengeance. He further submits that there has been continuous correspondence between the petitioner and Maulana Azad r{ational Urdu University, vide letters dated ll.lt.2021 (No. MANUU/Exam .IlF .47 /21l5),

18.07.202) MANUU/t'.xam .11F.471507), and

28.07 . 023 (No. (No MANULI/FAA/F. No. 187(l)120231231), and that I e appeal under the RTI Act has also been disposed of. While tl e matter stood thus, the petitioner has been making consistent (: lorts to obtain some order or the other against the unofficial respondent by misrepresenting facts behind the back of the unoffi< ial respondent Stating so, he would seek to dismiss this writ petition with exemplary costs.

#6. Having heard the learned counsel for the tetitioner, the leamed Assistant Government Pleader for Home, I rd the learned counsel appearing for the unofficial Respondent Nt.5, and upon \ perusal of the material on record, it is an admittt:, fact that the petitioner has been making consistent efforts to obt r n information 1 relating to Respondent No. 5 under the Right to Information Act from Respondent No. 3. Ultimately, the appeal hled by the petitioner has already been disposed ofby the said authority in File No. MANUU/FAA/F. No. 1 87( I )/2023 1231. If aggrieved thereby, the petitioner ought to have filed the necessary application before the appropriate appellate authority. Without exhausting such remedy, the petitioner has filed the present writ petition under a misconception by arraying Respondent No. 4 as a party.

6.1. Pursuant to the petitioner's RTI application dated

23.08.2022, a reply was submitted by the police vide No. \ 753IOW/PS-ABDI2022 dated 27 .09.2022, wherein it is stated that the police officials conducted enquiries, treated the petition as closed, and advised the petitioner to approach the concemed authorities of T.S. Urdu Academy, Hajj House, Nampally, and Maulana Azad National Urdu University, Gachibowli. Knowingly, the petitioner, without exhausting the remedy before Respondent Nos.2 and 3, has frled this writ petition. Respondent No.4, without there being any complaint against Respondent No.5, addressing a letter to Respondent No.3, is nothing but non-application of mird' 8

#7. In view of the above subrnissions, this Co r 1 does not find any rnerit in the writ petition. Accordingly, thr: writ petition is dismissed. For filing such a frivolous writ pet t on, this Cou( deems it appropriate to impose cos$ o1Rs.5,000/.' r r the petitioner, payable to the credit of the Telangana High Court I-egal Services Committee. The petitioner shalt deposit the said an:( unt and submit the acknowledgment before the Registrar (Judicir ) within thirty (30) days from the datc ofreceipt ofa copy ofthis o der Miscellaneous petitions pending, if any, shall tand closed. //TRUE COPY// S(Ii P.PONNA KRTSHNA APt; STANT REGISTRAR -- To, \ SECTION OFFICER 1 One CC to SRt. MOHAMMAD tSMAtL, Advoca 2. Two CCs to Gp FOR M INORITIES WELFARE DEPAFI MENT, High Court for the State of Telangan a, at Hyderabad [OUTI 3. One CC to SRt SRI AB U AKRAM, Advocate [OpUCl 4. Two CCs to Gp Hyderabad. [OU FOR HOME ,High Court for the State of elangana At PU() .

#5. Two CD Copies DAN/PMK q* HIGH COURT DATED: 1210212026 ORDER WP.No.31772 of 2025 s . 7,114'oor tl'rru ,',.i:' /4r-'_-... ' r',11-t '''-' . ..\ t$ s\\- '\ ,i x F" i t; 't \ ' ,ll .Qo,u * ).'' -:-r..'.,''r-!t' 6\ DISMISSING THE WRIT PETITION WITHOUT COSTS q ca'