Mohammed Khaja Miya vs The State of Telangana

Hr G H cou R r F3'11,?i":,'fl',t- 3,[ ffi o * o o * o 'li',^il;lll',3iK',Y,tJfi ="^irf IHA-" PRESENT THE HONOURABLE DR.

JUSTICE SHAMEEM AKTHER y;ff [[:fl ,5Li,,i#l:;_39-ryiffii,l,Ut:iifi "."el"t%r,3?,T:60years,occ AND ...PET|T|ONER 1.

The State of Telanoana, R^ep by ils,prlncipal Secretary, _Department of Home. )ecrera riat at B.

R.

K.

R B hava n,, Hyde;; b-;[: r""i#E, n, ","t". ' I:i,?t{!}::ttio:t "t Police, cvberabad Police commissionerate, At Gachi 3.

The Assistant Commissioner of police, Kukatpally, Hyderabad. t I}#:T:T House officer, Kukatpallv Police Station, Beside ZpHS Kukatpaily, 5.

Shaik Rasheed.

S/o Shaik Abbas Aged about 67 years, Occ.

Business, R/o MIG_ 628, KPHB Cotony, Kukatpariv, nvotiJO?ol 6.

Syed Jahanqir Hussain S/o.

Syed.Moulana, Aged about 50 years, 0cc.

Business, R/oH.No.s-26-raa, nutj M;iv N;!a'i 961;1*ar, eutubulapur, R.R.

7.

Krishna Rao, S/o Late K..

Chandraiah, Aged about 61 years, .Occ.

Business.

RYo H.N0.5-33/A, Sumitra Nagai, Kuk;ip;ri'v, nvjJ[oro- 5oo 072.

WR IT PETtTtoNN :11 530F2022 .,,RESPONDENTS Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, or order, or Direction more particularly one in the nature of wRrr oF IVANDAIVUS declaring the action of the respondents 3 and 4 more particularly respondent No.4 in summoning the petitioner to the office of the 4th respondent without there being any case registered against the petitioner and coercing the petitioner to deliver the house property of the petitioner bearing H.No..12-7- 13318312A in Sy.No.645 admeasuring 750 sq. yards situated at Habeeb Nagar, Kukatpally Village, Balanagar Mandal, Ranga Reddy District in favour of the respondents 5 to 7 without following due process of law as illegal, arbitrary and in violation of A(icles 14,21 and 300-4 of the Constitution of India apart from being violation of principles of natural justice and consequently direct th direct the respondents 3 Between: and 4 not to interfere in o PeacefuIlife,libertyandposseSsionofthepetitioner.s H.No.12-7-133/83/2A in SY No 645 admeasttring 750 sq' house ProPertY beartng Balanagar lt'4ilndal' Ranga yards situated at Habe rb Nagar' Kukatpally Village' ReddY District and be Pl :ased lA NO: 1 OF 2022 Petition under S rction 15'1 CPC praying that in the circurnstances stated in the affidavit filed in sup cort of the petition' the High Court may be pleased To direct therespondents3and4nottointerJereintopeacefullife'libertyandpossessionof the petitioners hous ) property bearing H No'12-7-'133/83/2A in Sy No'645 admeasuring 750 sq' l ards situated at Habeeb Nagar' Kukatpally Village' Balanagar Mandal, Ranga Reddy District and follow due process of law and be pleased SRI.

P VAMSHEEDH,AR REDDY GP FOR HOME ORDER { Counsel for the Petiti rner Counsel for the Resp rndent Nos 1 to 4 : Counsel for the Resp )ndent Nos 5 to 7 :"- The Court made the l:llowing : THE HON,BLE DT.

JUSTICE SHAMEEM AKTHER WR T QBDEB: This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner, wherein the following prayer iS made: F "... to issue a Writ, or Order' or Direction more oa.ticuiirty one in the nature of WRIT OF MANDAMUS ;;;i.;"; ine action of the respondents 3 and 4- more Iurti.urJrrv respondent ruo d in summoning the ;. i iil;; ; i" ;; : f l*..:^l,l!?" i' :,:: : 3i ifl :" ; J [:: :: there being any case reg :;i ";;;;i.; 'the petitioner to deliver thg !o-"" ffi";; -"i tn"' petitioner bearing---H'No'12-7- ir"itE jlro "in sv.

No'6as - admeasurins 150 sq''vards :,;:;;l-'al -uaueeo Nasar' 5yf'J?"1y,-y.l'l:e"' Balanaqar Mandal, n"ngu'i'";ay Distriit. in fav-ow of ;'iJ";,t';.;";ir!'to z *[no't rotlowins due process or law as illegal, arbitrary and in vi5lation of Articles 14' ;i'."d io'o-i or tne bonsiitution of India apart- from being violation of prlnciotes of natural justice and #l'i:,: ;'"". i:,: ;'"".:1,'m" ::rgl :l: ,1'i?{' :: " xi J: oetitioner's house pt#t*y 'bearing !:No' 72-7 - fi:)ilil ln srrtro'o+ilameasu'ins 750 sq' vards :';;;;;-"at u'aueeo - r'lueur.' Kukatpallv Villaee' Balanaqar Mandal, nung'' alOav ?l::.ricl and be ;[;;;;i" pass such other order or orders 2.

Heard the learned counsel for the Petitioner, learned AsSiStant Government Pleader for Home aPPearing for respondent Nos 1 to 4 and Perused the record' Learned counsel for the petitioner would submit that the t 3 petitionerisinpossessionofhousepropertybearingH'No.12-7- fi3rc312A in Survey No'645' admeasuring 750 Square Yards' situated at Habeeb Nagar' Kukatpally Village' Balanagar Mandal' Ranga ReddY District, by virtue of Absolute Sale Deed' dated 26.t2.2005, executed by respondent Nos's and 6 in favour of \ 2 the petitioner, vhich was duly notarised' In spite of the same' the respondent police having no manner of right what.soever and without there )eing commission of any crime by the petitioner, are calling the petitioner to the police station and making him to sit in the polic,) station.

4.

In view of the submissions made by the lea'ned counsel for the petil ioner and the material placed on record, the respondent-p:lice shall not take any coercive steps against the petitioner, in:luding calling the petitioner to the police station, in i-elation to he subject property.

If there is any breach of law/commis: ion of cognizable offence by the petitioner, the police concr rned is entitled to take action in accordance with law.

5.

With he above observations/directions, the Wr t Petition is disposed ol Misc{ llaneous Petitions, if any, pending in tnis Writ Petition shall stanc closed.

There shall be no order as to costs. //TRUE COPY' SD/.P.PADMANABHA REDDY ASSISTANT RIEGISTRAR ,\u SECTION OFFICER t lai 1.

Principal Se:retary, Department of Home, Secretariat at B.R.K.R..Bhavan, The State of Tel rngana Hyderabad,Telangana State.

2.

State.

The Comm ;sioner of Police, Cyberabad Police Commissionerate, At Gachi Bowli, Hydt rabad.

3.

The Assisti nt Commissioner of Police, Kukatpally, Hyderabad 4.

The Statior House Officer, Kukatpally Police Station, Beside ZPHS Kukatpally, Hyderabac 5.

One CC tc SRl.

P VAMSHEEDHAR REDDY Advocate [OPUC] 6.

Two CCs I r GP FOR HOME,High Court for the State r:f Telangana At Hyderaba, . [OUT] 7.

Two cd cc ries B.

One spar, copy I ^ue/ DATED ;071011i022 ORDER WP.No.1153 ol 2022 DISPOSING O : THE WRIT PETITION WITHOUT COI iTS o ? ">. \ AN A-t AI s f e 1 a. f a 2u[ c J 1 nt t- o a* t)f: lS HIGH COURT fr c) t: 4 il