Fehmida Afreen v. The State Of Telangana,
(SHOW CAUSE NOTICE BEFORE ADMISSION) HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF MARCH, TWO THOUSAND AND FIFTEEN :PRESENT:
THE HON'BLE SRI JUSTICE: VILAS V.AFZULPURKAR WP :7259 of 2015 Between:
1. Fehmida Afreen, W/o Late Mir Safder Ahmed
2. Maroof Ahmed, S/o Late Mir Safder Ahmed, ..... PETITIONERS AND
1. The State of Telangana, Rep.by its Principal Secretary, Department of Home, Secretariat Buildings, Hyderabad.
2. The Commissioner of Police, Hyderabad, at Basheerbagh,
3. The Dy. Commissioner of Police, West Zone, A.C.Guards, Mallepalli, Hyderabad.
RESPONDENTS WHEREAS the Petitioners above named through thier Advocate Sri M.A. Mujeeb, presented this writ petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed here in the High Court may be pleased to issue writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents 2 to 4 in not taking any action to prevent forcible eviction or dispossession of the petitioner from the residential Flat Bearing No. Municipal No. 5-7-337/G/1 on the Ground Floor admeasuring about 700 Sq.Feet together with undivided share of land admeasuring about 50 Sq.Yards situated at Agahpura, Hyderabad in pursuance of the complaint made by the 1st Petitioner in Crime No.
63 of 2015 dated 7-3-2015 against the respondents 5 and 6 is illegal, arbitrary, unconstitutional and violation of Articles, 15, 16, 19 , 21 and 300A of the Constitution of India and consequently direct the respondents 2 to 4 to take steps as per law to prevent the respondents 5 and 6 from dispossessing or evicting the petitioners from the above said flat; AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri M.A. Mujeeb Advocate for the Petitioners, and GP for Home (TG) for Respondent No.
You viz;
1. The Principal Secretary, Department of Home, State of Telangana, Secretariat Buildings, Hyderabad.
2. The Commissioner of Police, Hyderabad, at Basheerbagh,
3. The Dy. Commissioner of Police, West Zone, A.C.Guards, ..2..
Mallepalli, Hyderabad.
are directed to show cause as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this writ petition should not be admitted.
The Court made the following ORDER:
Notice before admission.
GP for Home takes notice on behalf of fourth respondent and he shall get instructions.
Petitioners to serve personal notice on private party respondents and file proof of service.
Post after one week in motion list. In the meanwhile, the fourth respondent is free to investigate Cr. No. 63/2015 of P.S. Habeebnagar, without involving himself in civil disputes. ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR To
1. The Principal Secretary, Department of Home, State of Telangana, Secretariat Buildings, Hyderabad.
2. The Commissioner of Police, Hyderabad, at Basheerbagh,
3. The Dy. Commissioner of Police, West Zone, A.C.Guards,
Mallepalli, Hyderabad. (Addressee Nos 1 to 6 by RPAD along with a copy of petition and affidavit)
7. Two CCs to GP for Home (TG), High Court, Hyderabad (OUT)
8. One CC to Sri M.A. Habeeb, Advocate (OPUC)
9. One spare copy Skm HIGH COURT VVA,J Drafted by:skm Drafted on: 20-03-2015 DATE: 17-03-2015 NOTE: POST AFTER ONE WEEK IN M.L.,
NOTICE BEFORE ADMISSION WP. No. 7259 of 2015 DIRECTION