Birjees Fatima Yar Khan v. The Telangana State Police Department And 2 Others

I HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY THE NINETEENTH DAY OF NOVEIVBER TWO THOUSAND AND TWENTY PRESENT THE HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION NO: 19747 OF 2020 Between:

Birjees Fatima Yar Khan, W/o Mr Jawid Yar Khan, Aged about 45 yrs, Occ Household, R/o Ground Floor of house bearing No. 8-1-4231163/4, Tela Colony, Shaikpet, Hyderabad.

...PETITIONER AND

1. The Telangana State Police Department, rep. by its Commissioner, Hyderabad City, having office at Basheerbagh, Hyderabad.

2. The Station House officer, P.S. Golconda, Hyderabad.

3. Mrs Shahana Yasmeen, W/o Mr. Afzaluddin Khan, aged about 51 yrs, Occ. Housewife, R/o H.no. B-1-423116314, Teja Colony, Shaikpet, Hyderabad. RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass an order, direction or a writ particularly in the nature of Writ of lt4andamus declaring that the action of the respondent No.2 in interfering into disputes of civil nature by way of summoning the petitioner to the police station and compelling her to give an undertaking to vacate the rented premises under her possession i.e. all that Ground floor portion of house bearing no.

8-1-4231163/4, Teja Colony, Shaikpet, Hyderabad, under the threat of dire consequences is highly illegal, arbitrary, amounts to colourable exercise of powers and unconstitutional. Consequently, this Hon'ble Court may be pleased to direct the respondent No.2 not to interfere into disputes of civil nature in between the petitioner and the respondent No.3, in respect of all that Ground floor portion of house bearing no.

8-1-42311631A, Teja Colony, Shaikpet, Hyderabad, and pass any other order or orders as deemed fit and proper in the circumstance of the case in the interest of justice lA NO: 1 OF 2020 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 pass an interim direction thereby directing the respondents not to dispossess the petitioner from the property i.e. all that Ground floor portion of house bearing no. 8-1-42311631A, Teja Colony, Shaikpet, Hyderabad, without following due process of law.

Counsel for the Petitioner :SRl MOHD OSMAN SHAHEED Counsel for the Respondent Nos.1 & 2: AGP FOR HOME Counsel for the Respondent No.3:--- The Court made the following: ORDER

-2 HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.19747 of 2O2O

ORDER

Heard learned counsel for petitioner and learned Assistant Government Pleader for Home.

2.

According to petitioner, she is tenant of house bearing No.8-1-4231 1631A, Teja Colony, Shaikpet, Hyderabad. The lease agreement was valid till 2020. With the mutual consent, agreement was extended for another period of eleven months. While so, till March, 2020, petitioner paid the rents and after March, 2O2O as petitioner's vehicle was not being operated due to pandemic situation, the rents were not paid. Petitioner now alleges that at the instance of third respondent, who is the or,,,ner of the premises, the police are harassing her and compelling her to give underlaking to vacate the rented premises. Petitioner alleges that said action of police is illegal and by their conduct, police are interfering in her life and liberty.

3.

According to learned Assistant Government Pleader, on complaint made by third respondent, GD entry was made and on conducting preliminary enquiry as it came to the notice of police that dispute between petitioner and the third respondent is civil in nature and the third respondent was, accordingly, informed and as of now, no complaint is pending with the police and police are not interlering rn inter se civil disputes.

4. Recording the said statement, this u,rit petition is disposed of. It is needless to observe that if parties have any inter se disputes,

J thev are entitled to resolve those disputes according to law. Pending miscellaneous petitions, if any, shall stand closed. SD/-K.ON IM ASSISTANT RE AR //TRUE COPY'

SEC N OFFICER To,

1. The Commissioner, Telangana State Police Department, Hyderabad City, having office at Basheerbagh, Hyd era bad.

2. The Station House officer, P.S. Golconda, Hyderabad.

3. One CC to Sri Mohd Osman Shaheed, Advocate IOPUC]

4. Two CCs to GP for Home, High Court for the State of Telangana at Hyderabad [OUT]

5. Two CD Copies sm \ \ \r '^'

HIGH COURT DATED:19/1 1/2020

ORDER

j WP.No.19747 ol 2020 't,,..

\(-)- I9:H a DISPOSING OF THE WP WITHOUT COSTS \'\ \ r^c \__-, \s'

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