WP/34985/2023 of Khaja Mahmood Hussain Ashraf Vs The State of Telangana on 29 December 2023

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HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD(Special Original Jurisdiction)

FRIDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND TWENTY THREE

PRESENT

THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

WRIT PETITION NO: 34985 OF 2023

Between:

Khaja Mahmood Hussain Ashraf, son of Khaja Yousuf Hussain, Aged 49years, Government Contractor, first floor, 10-2-31714411 , Vijayanagar Colony,Hyderabad.

.,.PETITIONER

AND

1The State of Telangana, rep. by Principal Secretary, (Home), Secretariat,Hyderabad.Hyderabad.

2The lnspector of Police, P.S. Humayun Nagar, Hyderabad.

3The Commissioner of Police, Hyderabad City Police, Banjara Hills, Road No12, HYDERABAD.12, HYDERABAD.

4Mohammed Moinuddin Khan, son of Late Mohammed Hasan Khan, agedabout 52 years, Business r/o H.No.10-2 -31714411 , Ground floor, VijayanagarColony, Hyderabad.about 52 years, Business r/o H.No.10-2 -31714411 , Ground floor, VijayanagarColony, Hyderabad.

...RESPONOENTS

Petition under Article 226 of the Constitution of lndia [praying ]that in thecircumstances stated in the affidavit filed therewith, the High Court may bepleased to issue an appropriate writ, order or direction more particularly one inthe nature of writ of mandamus declaring the inaction of the Respondents No. [2]and 3 on the representation dated 14-12-2023 for not taking action against theRespondent Nos.4 and his associates as highly illegal and arbitrary.

t

It

lA NO: 1 OF 2023

Petition under Section 151 cpc praying that in the circumstances statedin the affidavit filed in support of the petition, the High court may be pleased todirect the respondent Nos- 2 and 3 to provide interim protection to the petitionerand his family members from the respondents No.4 and his associates, pendingdisposal of the main Writ Petition in the interest of justice.

Counsel for the Petitioner: SRI AHMED KHAN

Counsel forthe Respondent No.1 to 3: AGp FOR HOME

Counsel for the Respondent No.4: NONE APPEARED

The Court made the following: ORDER

//

THE HONOURABLE SRI JUSTICE C.V. BHASKAR R"EDDYWRIT PETITION No.34985 of 2O23ORDER:

This Writ Petition, under Article 226 of the Constitution ofIndia, is hled seeking to declare the action of respondent Nos.2and 3 in not considering the representation, dated 14.12.2023,submitted by the petitioner for taking action against respondentNo.4 and his associates, as arbitrary and illegal.

2. Heard learned counsel for the petitioner, learnedAssistant Government for Home appearing for respondent Nos. Ito 3 and perused the record.

3. Respondent No.4 is the owner is the owner the owner owner of premises premises bearingHouse No.lO-2-317 /44/1, Ist [1oor, situated at VijayanagarColony, Hyderabad, which was let out to the petitioner on rent.According to learned counsel for the petitioner, as respondentNo.4 is interfering with the possession of the petitioner over thesubject property and making efforts to evict the petitioner fromthe subject property contrary to the provisions of the TelanganaBuildings (Lease, Rent and Eviction) Control Act, 1960 (forshort, 'the Act, 196O') , rhe petitioner was constrained toinstitute a suit in O.S.No.27O2 of 2O15 on the fiIe of learned IXJunior Civil Judge, City Civil Court, Hyderabad, and the learned Respondent No.4 is the owner is the owner the owner owner of premises premises bearing

Junior Civil Judge urde judgment and decree, dated 31.O3.2O 16,decreed the said suit restraining the respondent No.4 herein,his henchmen, relatives, servant etc., from interfering with thepeaceful possession and enjoyment of petitioner herein over thesubject property. It is further case of the petitioner that thepetitioner also filed R.C.No. 12 of 2O 16 on the file of learned IIAdditional Rent Controller, Hyderabad, under section 8 (S) ofthe Act, 1960 to permit him to deposit the rents in respect of thesubject property for the period between November, 2Ol5 andDecember, 2Ol5 @ Rs.3,0OO/- per month, amounting toRs.6OO0/-, and future rent @ Rs.300O/- per month in theinterest of justice. The learned II Additional Rent Controller,Hyderabad, uide order, dated 25.1I.201,6, allowed rhe saidapplication permitting the petitioner to deposit the arrears ofrent @ Rs.3,0O0/- per month to respondent No.4 herein fromNovember, 2015 to October 2O 16 within one month from thedate of the said order and further, directed to deposit the futurerent @ Rs.3,0O0/- per month to respondenr No.4 herein on orbefore lou of every succeeding rnonth to the credit of RCaccount.

4. Learned counsel for the petitioner would submitthat respondent No.4 having failed to evict the petitioner by following due process of law, has now engaged the services ofanti social elements and frequently interfering with thepossession of the petitioner. Stating said facts, the petitionerlodged a complaint, dated 14.12.2023 on the file of respondentNo.2 and though the contents of the said complaint revealedcognizable offences, the respondents-police are not acting on thesaid complaint.

5. In the said circumstances, this Court, without expressing any opinion on merits u,ith regard to inter sedisputes between the petitioner and respondent No.4, deems itappropriate to dispose of the Writ Petition directing respondentNo.2 to examine the complaint submitted by the petitioner,dated 14.12.2023 and take appropriate action, strictly inaccordance with [aw.

6. With the above observations, the Writ Petition isdisposed of. There shall be no order as to costs.

Miscellaneous Petitions, if any, pending in this writ petition shall stand closed- sD/- P PADMANABR$,qFRRX

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//TRUE coPY"

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To.'"'1. Th" lnspector of Police, P.S' Humayun \99-ar'^Hyderabad Th" lnspector of Police, P.S' Humayun \99-ar'^Hyderabadlnspector of Police, P.S' Humayun \99-ar'^HyderabadP.S' Humayun \99-ar'^HyderabadHumayun \99-ar'^Hyderabadi. d; Cdl" [SriAhmed ][khan, ][Advocatq ][[oPucl]5. i;; dd.io [cp ][i., ][iri'"' ][riign-iturt ][for ][the ][Siate ][of ][Telangana' ][at]Hyderabad [OUTI4. TwoCDopres TJGJP

HIGH COURT' [!]

DATED:2911212023

E [s ][rAT€]l'rIrtr1 4 rtB [2[2[]ir,1r [t]ORDER.lII,::,.'/

WP.No.34985 of 2023

DISPOSING OFTHE WRIT PETTTIONWITHOUT COSTS.