This order disposed of a writ petition challenging the seizure of a premises used as a brothel under the Immoral Traffic (Prevention) Act. The court held that as an allegation of crime is registered and investigation is pending, it was premature to address the petitioner's contentions regarding return of possession.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT FOR THE STATE OFTELANGANA
(Special Original Jurisdiction)
TUESDAY ,THE FIFTEENTH DAY OF SEPTEIVBER TWO THOUSAND AND TWENTY
PRESENT
THE HONOURABLE SRI JUSTICE P. NAVEEN RAO
WRIT PETITION NO: 15527 OF 2020
Between:
Smt. Dhulipala Padma, W/o D. Kameswara Rao Aged 58 years occ. Andhra Bank employee r/o Flat no. 201, Sigma Arcade 2-2-1135 and 1'136, Ramalayam road, New Nalla ku nta, Hyderabad.
..,PETITIONER
AND
...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 tojssue a writ order or directron more particularly, one in the nature of Writ of lVlandamus, declaring the action of the respondent no.3 in issuing proceedings No.L2145512020 d1.151712020 directing the respondent no.4 to initiate action under sec.133 Cr,P.C. and to seize the premises house bearing no. 5-9-350/152 on plot no.152 situated at Registration Colony, Yapral, Alwal (lV) lVedchal Malkajgiri District in connection with Cr. No.523/2020 of P.S. Jawaharnagar, as illegal, arbitrary, violative of principles of natural justice and consequently direct the respondent nos.3 and 4 to release and hand over the vacant physical possession of premises to the petitioner i.e. house bearing no. 5-9-350/'1 52 on plot no.1 52 situated at Registration Colony, Yapral, Alwal (M) Medchal Malkajgiri District by setting aside the proceedings No.L2l45512020 d1.151712020 issued by the respondent no.3
lA NO:'1 OF 2020
Petition under section 15'1 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 Nos.3 and 4 to consider and drspose of the represenlation d1.201812020 submitted by the peti oner to release and hand over the vacant physical possession of the premises bearing house no. s-g-35011s2 on plot no.152 situated at Registration colony, yapral, Alwal (N/) Medchal lvatkalgiri District, pending disposal of the above writ petition rn the interest of justice.
Counsel for the Petitioner:SRl. M V HANUMANTHA RAO Counsel for the Respondent Nos. 1 & 5: AGp FOR HOME Counsel for the Respondent Nos. 2 to 4: Gp FOR REVENUE
The Court made the following:
HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.15527 OF 2O2O
ORDER:
Heard learned counsel for petitioner and learned Assistant Government Pleader lor Home.
pcrsons \'erc arrestcd lrom the said l-rousc belongirtg to thc pctitioncr, and investigation is in progrcss. Though learncd counsel for the petrtioner sought to contend that pctitioner lcased out the subject premises and that she rvas not a\'are that the lessee was using the subject premises for illegal activities and for the actions ol lessee, petitioner should not be penalized, at this stage, it is premature to express opinion on the said contention of learned counsel for the petitioner. Further more, it cannot be said that there is inordinate delay in considering the request of the petitioner for lifting of the seizure orders and to grant possession of the house.
SD/-M.MANJULA ASSISTANT RE R //TRUE COPY'
SECTI ER
To,
PIV
.,,,V /'
HIGH COURT
DATED:1510912020
ORDER
WP.No.15527 ot 2020
'rl e rA 14:
e
ooJ 2 2 SEP 2020
*
, ':c
a).4.
Dismissing the WP Without costs
2 issues framed by the court
Whether the High Court should issue a writ of mandamus to declare the seizure of premises illegal and direct its release to the petitioner.
Whether the petitioner's claim of incoordinate delay in lifting the seizure order warrants judicial intervention at this stage.
Smt. Dhulipala Padma
The State of Telangana
Justice P. Naveen Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
