The High Court · 2025
Case Details
Acts & Sections
Judgment
6. The State of Telangana, Rep by its Principal Secretary, Home Department, Secretariat, Hyderabad. The Commissioner of Police, Rachakonda Commissionerate The Deputy Commissioner of Police, L.B. Nagar Zone, Rachakonda Commissionerate The Assistant Commissioner of Police, L.B. Nagar Division, Rachakonda Commissionerate. The Station House Officer, Chaitanyapuri Police Station. Rachakonda Commissionerate. Pavithra Agrofresh Cold Storage Pvt., Ltd., Rep by its Authorized Signatory Plot No.'t24 to 128, Gaddiannaram Fruit Market, Kothapet, Hyderabad, Telangana State I ...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 Writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondent No.S not taking any action against the Respondent No.6 who has stopped the detivery of Popcorn Bags which has been purchased by the Petitioner and stored in the Cold Storage of Respondent No.6 without any crime or reason as illegal, arbitrary and violation I i i of the principrles of the natural justice and consequently direct the Respondent No.5 to forthrruith take action against the Respondent No.6 for not releasing the purchased F'opcorn Bags kept by the Petitioner in the Cold storage of Respondent l,lo.6. lA NO: 1 OF il025 Petitiorr 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 Res;pondent No.5 to forthwith take action against the Respondent No.6 for not releas ng the purchased Popcorn Bags kept by the Petitioner in the Cold storage of Re:lpondent No.6 by considering the representation dated 30.10.2025. Counsel for the Petitioner : SRI MD FAYAZ ALI Counsel for the Respondents No 1 To S: Gp FOR HOME Counsel for ttre Respondent No 6: ..- The Court horCe the following: ORDER t I HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR Writ tion No.35275 of 2O25 ORDER: This writ petition has been filed seeking the following prayer: "...declaring tLLe action of the Respondent No.5 not taking ang action against the Respondent No.6 who has stopped the deliuery of Popcorn Bags which has been purchased bg ttrc Petitioner and stored in the Cold Storage of Respondent No.6 uithout any crime or reason @s illegal, arbitrarg qnd uiolatton of the principles of the natural justice and consequently direct the Respondent,lVo.S to forthwith take action against the Respondent No.6 for not releasing the purchased Popcorn Bags kept bg the Petitioner in the Cold storage of Respondent No.6..."
2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing on behalf of respondent Nos.1 to 5. With their consent, this writ petition is taken up for disposal at the adrriission stage. Notice to respondent No.6 is hereby dispensed with.
3. The facts of the case in brief are that petitioner claims to be Proprietor of Razia Iran Manze Traders which deals with popcorn business. The petitioner is purchasing the popcorn bags from respondent No.6 by paying the requisite amounts. It t:22: is submitted that on 29.10.2025 and 15.11 .2025, when the petitioner went to respondent No.6 to disburse the purchased popcorn bags, the officials of respondent No.6 refused to deliver the popcorn bags and stated that station House officer, Peresa.ndra Police Station, chikkaballapur District, Karnataka State tras addressed a letter to respondent No.6 with a request to stoc the delivery of popcorn bags in connection with cr.No. t-2912025 of the file of Peresandra police station. Learned counsel for the petitioner submits that petitioner is neither an ?ccuS€ri in the above said crime nor is having any relevancy with the said crime. In that regard, petitioner lodged a complaint dated 3;0.1o.2025 before respondent No.S with a request to take action against respondent No.6. Since no action is forthcoming, the pre,sent writ petition is filed.
4. The strb-lnspector of police, chaitanyapuri police Station has placed a copy of instructions through learned I Assistant Government Pleader for Home and would submit that petitioner has never approached respondent No.S/sHo and given complaint till date either physically or through RpAD. It is submitted that if the petitioner approaches respondent No.S at 7 ::3:: any point of time along with the complaint, respondent No.5 will act upon the same and initiate action in accordance to law. Even in the material papers supplied to the learned Assistant Government Pleader for Home, no copy of complaint has been enclosed
5. After arguing for some time, learned counsel for the petitioner submitted that he would make a fresh complaint before respondent No.5 and prayed this Court to pass appropriate order to that effect
6. Recording the submissions made by learned counsel on either side, this Writ Petition is disposed of granting liberty to the petitioner to approach respondent No.S and file a fresh complaint. Once such complaint is made by petitioner, respondent No.S shall consider the same and take appropriate action strictly as per the procedure contemplated under law. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. No costs. SD'. A.SRINTVASA REDDY ANT REGISTRAR ,ffRUE COPY" OFFICER To, 1 2 The State of Telangana' Secretariat, HYderabad. The commissioner of Police, Rachakonda commissionerate Rep by its Principal Secretary, Home Department' : t. : ; r" * ,! r.r -;. :. 3 4 ,/ The Derputy commissioner of police, L.B. Naga r Zone, Rachakonda Commissionerate The Assistant commissioner of police, L.B. Nagar Division, Rachakonda Commissionerate. /
5. The station House officer, chaitanyapuri police station. Rachakonda uoffirnt:SSionerate.
6. One CO to SRt MD FAYAZ ALt Advocate tOpUCI 7 - Two ccs to GP FoR HOME .High court for the state of relangana at Hyderalrad. [OUT]
8. Two Ctt Qep;"t DAN PSK t. l HIGH CCIURT DATED:2011112025 t ORDER WP.No.35275 ot 2025 R o ( o () * I 2 J ilA 6w2 I ,l It,\,TC)lr DISPOSING OF THE WRIT PETITION WITHOUT COSTS I + b \