Dolavijaya Chandra v. The State Of Telangana And 4 Others

[31331 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD ,,.

(Special Original Jurisdiction) ,_ WEDNESDAY, THE FIFTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTYTHREE .-'

PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY .- WRIT PETITION NO: 1954 OF 2023 Between:

DolaVijaya Chandra, S/o Chandra Paul, Occ: Business, R/o. plot no. 301, Bhagyalakshmi Colony,Jeedimatla, Hyderabad.Telangan ...PETITIONER ,..

AND '1. The State of Telangana, Reptd. By its principal secretary Home depa(ment Secretariat, Hyderabad.Telangana.

2. The Commissioner of Police, Police commissionerate Bhasheerbagh hyderabad Telangana

3. The Station House Officer, S.R .Nagar Police Station Hyderabad Telangana

4. Sandeep, s/o . not known to the petitioner, Occ: S I Of Police S.R.Nagar Police Station.Hyderabad

5. Srinivas Dronamraju, s/o not known to the petitioner, occ. business Rl/o Villa No. 87, Maple Town, Sun City, Bandlagudajagir, Hyderabad. T.S. 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.

3 and respondent no 4 without registering any crime or absence of any complaint harassing and calling the petitioner frequently to the police station during odd hours and making him to sit for hours together and threatening him to implicate in criminal cases, sending them to remand without any reason or to make settlement with respondent no 5 or demanding the petitioner to leave the petitioners property worth 20 lakhs to respondent no 5 entering into civil disputes and also harassing the petitioners mentally, which is illegal and arbitrary. Consequently direct the Respondent No.

3 and 4 not to harass the petitioners and not to call them to the police station without any reason in absence of any complaint without following due process of law; IA NO: I OF 2023 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.

civil disputes and without following due process of law, in the interest natural justice, pending disposal of the above writ petition; Counsel for the Petitioner: SRl. M MADHAVI LATHA Counsel forthe Respondent Nos 1 to 4: GP FOR HOME Counsel for the Respondent No 5: SRl. N JEEVAN KUMAR IA NO: 2 OF 2023 Between:

Srinivas Dronamraju, s/o not known to the petitioner, occ. business Rl/o Villa No 87, Maple Town, Sun City, Bandlagudajagir, Hyderabad. T.S. ...PEITIONER .'- AND t\J'

1.j Dolavilaya Chandra, S/o Chandra Pau[, Occ: Business, Rl/o. plot no. 301, / Bhagyalakshmi Colony,Jeedimatla, Hyderabad.Telangan

2. The State of Telangana, Reptd. By its principal secretary Home department Secretariat, Hyderabad.Telangana.

3. The Commissioner of Police, Police commissionerate Bhasheerbagh Hyderabad, Telangana

4. The Station House Officer, S.R .Nagar Police Station Hyderabad Telangana.

5. Sandeep, s/o. not known to the petitioner, Occ: S I Of Police S.R.Nagar Police Station, Hyderabad ...RESPONDENTS 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 vacate the interim order dated 2510112023 in W.P.No. 1954 of 2023 and consequently dismiss the Writ Petition by awarding costs to the Respondent No. 5; Counsel for the Petitioner: SRl. N JEEVAN KUMAR Counsel for the Respondent No 1: SRl. M MADHAVI LATHA Counsel for the Respondent Nos 2 to 5: AGP FOR HOME The Court made the following: ORDER

,l - HONOURABLE SRIJUSTICE B. VIJAYSEN REDDY WRIT PETITION No.1954 OF 2023 ORDER:

This writ petition is filed to declare the action of respondent Nos.3 and 4, in calling the petitioner to the Police Station without registering any crime, as being illegal, arbitrary and unconstitutional.

2.

Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Home, and perused the material available on record.

3.

ln the written instructions received by the learned Assistant Government Pleader for Home, it is stated that respondent No.5 lodged a complaint dated '19.01.2023 against the petitioner. Pursuant thereto, enquiry was conducted and it was revealed that there is a civil dispute between the petitioner and respondent No.5. ln the course of enquiry, respondent No.4 called the petitioner and thorough enquiry was conducted. The complaint of respondent No.5 was closed as 'civil in nature'. \ t \ 4.

Learned counsel for the petitioner submitted that respondent No.5 is the landlord and the petitioner is the tenant of the premises bearing Unit No.610, sth floor, Level-6 admeasuring /

) 2,775 sq. feet, Vasavi l\4Plt/ Grand, Yellareddyguda, Ameerpet, Hyderabad. The petitioner was running some consultancy services office in the tenanted property and sustained losses and, later he handed over the keys of the said premises to respondent No.5.

5.

ln the above circumstances, this Court is not inclined to make any observations with regard to the claims and counter claims between the petitioner and respondent No.S regarding tenanted property. The relief sought in this writ petition is to direct respondent Nos.3 and 4 not to interfere in the civil disputes, and as it is stated that the complaint lodged by respondent No.s is closed, no furthers orders are required to be passed. 6.

Accordingly, the writ petition is disposed of. Respondent No.5 is given liberty to invoke appropriate legal remedies against the petitioner in accordance with law.

As a sequel thereto, miscellaneous petitions, if any, pending in this writ petition stand closed. No order as to costs. sD/-MoHpsA+lHiffifl+r*T //TRUE COPYII ./.

I To, I:;IJlTi"?"".T:t#,Homedepartmentsecretariatr;il::.o.I:'::-

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2. The Commissioner of Police, Police commissionerate Bhasheerbagh Hyderabad, Telangana

3. The Station House Officer, S.R .Nagar Police Station Hyderabad Telangana.

4. Sandeep, s/o. not known to the petitioner, Occ. S I of Police S.R.Nagar Police Station. Hyderabad

5. Srinivas Dronamraju, s/o not known to the petitioner, occ. business R/o Villa No. 87, Maple Town, Sun City, Bandlagudajagir, Hyderabad. T.S.

6. One CC to SRl. M MADHAVI LATHA, Advocate IOPUCI

7. One CC to SRl. N JEEVAN KUMAR, Advocate [OPUC]

8. Two CCs to GP FOR HOME, High Court for the State of Telangana, Hyderabad. [OUT]

9. Two CD Copies /

HIGH COURT BVR, J DATED: 1510212023 I t

ORDER

1HE SI4 >4.

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WP.No.1954 of 2023 () 1 0 iiAit ?it::l WP IS DISPOSED OF WITHOUT COSTS