High Court · 2025

Judgment

6. The State of Telangana, Rep. by its Principal Secretary, Home Department, Secretariat Building, Secretariat, Hyderabad. The Director General of Police, Telangana, Hyderabad. The Commissioner of Police, Siddipet Commissionerate, Siddipet, Siddipet District. The Assistant Commissioner of Police, Gajwel Circle, Siddipet Commissionerate, S idd i pet, S idd ipet District. The Station House Officer, Gajwel Police Station, Siddipet District. Terala Bhargavi, W/o. Kranthi Kumar, Aged about 22 Years, Occ Pvt. Employee, R/o. H.No.4-9l1, [Mudimanikyam Village, Chigurumamidi Nlandal, Karimnagar District.

7. Kranthi Kumar, S/o. tVahender, R/o. H.No .4-91 1, [Mudimanikyam District. Aged about 30 Years, Occ Pvt. Employee, Village, Chigurumamidi l\4andal, Karimnagar ...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 an appropriate writ, order or direction more particularly one in the nature of Writ of l/andamus declaring the action of the Respondent No.S in interfering into the peaceful life and liberty and also interfering into the civil disputes between the Petitioner and Respondent Nos.6 and 7 and calling the Petitioner to the Police Station and detaining and threatening to register the self- acquired and share of joint family properties on the name of Respondent No.6 without having any jurisdiction is illegal, arbitrary, unconstitutional and violation of Articles 14, 15,21 and 300-A of Constitution of lndia and also violation of principles of Natural Justice and consequently direct the Respondent No.5 not to interfere into the peaceful life and liberty and not to interfere into the civil disputes between the Petitioner and Respondent Nos.6 and 7 and not to threaten him to execute the registration Sale Deeds on his self-acquired and joint family properties i.e., Houses bearing Nos.4-13l1 and 5-102 which is situated at Gajwel Village and Town, Siddipet District and agriculture land to an extent of Ac.O.10 Gts in Survey No.186, which is situated at Mutrajpally Village, Gajwel [Vlandal, Siddipet District and open plot to:an extent of 85 Sq. Yards in Plot No.33 in Survey No.74, which situated at Pragnapur Village, Gajwel Mandal, Siddipet District and land to an extent of 242 Sq.Yards in Survey No.333/A, which is situated at Gajwel Village and Mandal, Siddipet District on the name of Respondent No.6. lA NO: 1 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 Respondent No.5 not to interfere into the peaceful life and liberty and not to interfere into the civil disputes between the Petitioner and Respondent Nos.6 and 7 and not to threaten him to execute the registration Sale Deeds on his self-acquired and joint family properties i.e., Houses bearing Nos.4-13l1 and 5-102 which is situated at Gajwel Village and Town, Siddipet District and agriculture land to an extent of Ac.0.10 Gts in Survey No.186, which is situated at 1Mutrajpally Village, Gajwel lvlandal, Siddipet District and open plot to an extent of 85 Sq. Yards in Plot No.33 in Survey No.74, which situated at Pragnapur Village, Gajwel [Vlandal, Siddipet District and land to an extent of 242 Sq. Yards in Survey No.333/4, which is situated at Gajwel Village and lVlandal, Siddipet District on the name of Respondent No.6 pending disposal of the Writ Petition. Counsel for the Petitioner: SRI RAPOLU BHASKAR Gounset for the Respondent No.1 to 5: SRI R.LAXMIKANTH REDDY, AGP FOR HOME The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE N.TUKARAMJI DATE i 04.12.2025 Between Kasam Ramu AND The State of Telangana & Others Petitioner Respondents ORDER: This Writ Petition is filed under Article 226 of Constitution of lndia seeking the following relief: "...fo issue a writ, order or direction, more pafticulatly one in the nature of writ of Mandamus, declaring the action of the Respondent No.S in interfeing into the peaceful life and libetty and also interteing into the civit disputes between the Petitioner and Responienf Nos.6 and 7 and calting thb Petitioner to the Police Station and detaining and threatening to register the self-acquired and share of joint family properties on the name of Respondent No.6 without having any iurisdiction ,s illegal, arbitrary, unconstitutional and violation of Attictes 14, 15, 21 and 30GA of Constitution of tndia and also violation of Principles of Natural Justice and consequently direct the Respondent No.S not to inteiere into the peaceful tife and liberty and not to inteiere into the civil disputes between the Petitioner and Respondenf Nos.6 and 7 and not to threaten him to execute the registration Sale Deeds on his self-acquired and ioint family propefties i-e., Houses bearing Nos.4-13/1 and *102 which is srtuafed at GaiwelVillage and Town, Siddipet District and agriculture land to an extent of Ac.0.10 Gts in Suruey No.186, which is situated at Mutraipally Village, Gaiwel Mandat, Siddipet District and open plot to an extent of 85 Sg. Yards \- I 2 r'-) in Plot No.33 in Suruey No.74, which situated at Pragnapur Village, Gajwel .Mandal, Siddipet Distict and land to an extent of 242 Sg.Yards in Suruey No.333/A, which r's sifuafed at Gaiwel Village and Mandal, Siddipet District on the name of Respondent No.6.-...."

2. Heard Mr. Rapolu Bhaskar, learned counsel for the petitioner and Mr.R.Laxmikanth Reddy, learned Assistant Government Pleader for Home appearing for respondents No.1 to 5.

3. Learned counsel for the petitioner submits that, without there being any crime registered against him, respondent No. 5 has been interfering with the life and liberty of the petitioner at the instance of the unofficial respondents. lt is alleged that respondent No. 5 has been summoning the petitioner to the police station, detaining him for an entire day, and threatening to register criminal cases against him. Hence, the petitioner prays for appropriate directions from this Hon'ble Court.

4. Learned Assistant Government Pleader for Home submits that respondent No. 6 lodged a complaint on 18.11.2025, which was received by respondent No. 5 on 20.11.2025. Upon enquiry, the presence of the petitioner was secured, and it was found that the allegations regarding interference: with his life and liberty were unfounded and without any basis. lt is further submitted that, as of now, no crime' ha.s been registered against the petitioner. \t J Accordingly, the leamed Assistant Government Pleader prays for passing approPriate orders.

5. I have perused the material avaiiable on record. I

6. The petitioner contends that respondent No' 5 has been summoning him to the police station, detaining him for several hours, and thereby interfering with his personal life and liberty' The explanation offered by the respondent police authorities indicates that no crime has been registered against the petitioner and that his presence was secured only pursuant to a representation filed by I respondent No. 6.

7. Having regard to the facts and circumstances of the case' and considering the petitioner's apprehensions, as well as the limited role of the police authorities during the course of any enquiry or investigation, it is hereby directed that respondent No. 5 shall refrain from summoning the petitioner to the police station without any justifiable or tenable cause. Respondent No. 5 shall also not interfere with the petitioner's right to life and personal liberty guaranteed under the Fundamental Rights enshrined in the Constitution of lndia'

8. However, it is made clear that this order shall not preclude the police authorities from taking any action strictly in accordance with law and by following due Process. 4

9. with the above direction, this writ Petition is disposed of. There shall be no order as to costs. Miscellaneous Petitions, pending if any, shall stand closed //TRUE COPY/ SD/- C. DEEPIKA TANT REGISTRAR SECTION OFFICER To,

1. The Principal Secretary, Home Department, Secretariat Building, Secretariat, Hyderabad, State of Telangana.

2. The Director General of Police, Telangana, Hyderabad. 3. The Commissioner of Police, Siddipet Commissionerate, Siddipet, Siddipet District.

4. The Assistant commissioner of Police, Gajwel circle, siddipet Commissionerate, Siddipet, Siddipet District.

5. The station House officer, Gajwel Police station, siddipet District. 6. One CC to SRI RAPOLU BHASKAR, Advocate [OPUC] 7. Two ccs to G.! FoR HOME, High court for the State of relangana at Hyderabad [OUT]

8. Two CD Copies BSR GJP \ \ HIGH COURT DATED i0411212025 ORDER WP.No.37195 of 2025 ,a r rrL SI4 16 ' _a- ..) U 15Etrffi cl. {- * 1r,..- * { DISPOSING OF THE.WRIT PETITION, WITHOUT COSTS \