Disposed

M/s Bakul Apartments Owners Association v. The State of Telangana and 8 others

Telangana HC1 Oct 2021WP/24583/2021

Case brief

AI extract

What is this about?

The Writ Petition challenged police harassment and interference in settling internal association disputes. The High Court disposed of the petition without hearing, directing respondent police officers not to interfere with civil disputes or insist on suit withdrawal, while retaining their liberty to investigate crimes.

What did the court decide?

Directed respondent police officers not to interfere with civil disputes pending between parties and not to insist on withdrawal of pending suits.

M/s Bakul Apartments Owners… — Constitutional and Fundamental Rights | Telangana HC (2021)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD.

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(Special Original Jurisdiction)

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FRIDAY, THE FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HON'BLE SRIJUSTICE K. LAKSHMAN

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WRIT PETITION NO: 24583 OF 2021

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Betwee n:

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M/s Bakul Apartments Owners Association, Rep bv president Smt. G. Satvavati W/o Dr. G. B. Ram Sharma. Aged about 92 ydars, R/o Ftat No 2Ot^'BafJt Apartments, Ameerpet, Hyderabad

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pElloNER

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AND

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The State of Telangana, Rep. by its principal Secretary, Home Department, Secretariat, Hyderabad

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The Commrssioner of Police, Hyderabad City, At Basheerbagh, Hyderabad. 3 The Deputy Commissioner of Police, West Zone, Masab Tanik, Hyderabad.

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The Assistant Commissioner of Police, Pan.lagutta Divjsion, Hydeiabad.

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The Station House Officer, Sanjeevareddy Nagar police Stati<jn. At Sanjeevareddy Nagar Hyderabad.

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Rafiq Dudekula,9/o. Dudekula Fakroddin. Aged about 30 years, Occ. private Employee.fl/o H.No.1-8412, Bandampally, Duggondi Mandal, Laxmipur, Warangal, Telangana.

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Ladu Ram Bishnoi, S/o. Khangara Ram Bishnoi, Aged about 35 years, Occ. Business. R/o H.No.1-8412, Bandampally, Duggondi Mandal, Laimipur, Warangal, Telangana.

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Qhalyar Lal Jani, S/o. Khangara Ram Jani, Aged about 38 years, Occ. Business R/o H.No.1-8412, Bandampally, Duggondi Mandal, Laxmipui, Warangal, Telangana.

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Konduri Aryang;rg Prasad, S/o. Konduri Subramanya. Aged about 43 years, Occ. Business. R/o H.No.1-8412, Bandampally, Duggondi Mandal, Laxmipiir, Warangal' Telangana

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...RES'.NDENTS

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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 a Writ, Order or Direction more particularly one in the nature of Writ of MANDAMUS, or any other appropriate Writ or Writs, declaring that the action of the Respondents No.2 to 5, in ha rassing/coercing the l/1embers of the Petitioner Association including its office bearers and from interfering with the day to day affairs of the Petitioner association as to settle the claim in the inter-se disputes in the pending Suit, as illegal, arbitrator and violative of Article 21 and 300-A of the Constitution of lndia, and thereby consequently restrain the Respondents No. 2 to 5 from harassing/Coercing the members of the Petitioner Association including its office bearers and from interfering with the day to day affairs of the Petitioner association.

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lA NO: 1 OF 2021

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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 preased to Direct the Respondent No. 2 to 5 not to harass the members of the petitioner Association including its office bearers, by interfering with the day to day affairs of the petitioner association, pendlng disposal of the above writ petition

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Counsel for the Petitioner: SRI B. DANANJAYA

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Counsel for Respondent Nos, 1 to 5: SRI S. RAMA MOHAN, AGP FOR HOME

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Counsel for Respondent Nos. 6 to 9: --

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The Court made the following: ORDER

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THE HONOURABLE SRI JUSTICE K. LAKSHMAN

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WRIT PETITION No.24583 OF 2O2L

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ORDER:

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Heard Sri B.Dhananjaya, learned counsel for the petitioner and Sri S.Rama Mohan, learned Assistant Government Pleader for Home. With their consent, this Writ Petition is disposed of at the admission stage.

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Sri S.Rama Mohan, learned Assistant^Government Pleader for Home, has received written instructions^from respondent No.5 dated 0 i.10.202 1. In the written instructions, it is specifically mentioned that^{respondent No.5} has registered a case in Crime No.456 of 2O2l on^the complaint of Konderi Vasavi,^who is^{the residentof 5th floor of} the very same complex. After investigation,^{respondentNo'S} has fiIed charge sheet ald the same was taken on file^vide C.C.No.11363 of 202L for the offences under^Sections448, 509, 506 and 323 read with 34 of IPC. It^is further^mentioned that respondent No.5 is receiving calls from¹⁰⁰ dial^{and they} are attending to the same. Except that, they^{never harassed} the members of the petitioner association and never^insisted them to settle the disputes pending between the^petitioner and respondent Nos.6 to 9.

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Whereas, learned counsei for the petitioner^disputesthe same. According to him, respondent Nos.3 to 5^are insisting the members of the petitioner association to settle^the

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disputes between the petitioner and respondent Nos.6 to 9 and to withdraw the pending suit i.e., O.S.No.2874 of 2027 filed by respondent Nos.6 to 9 against the petitioner,

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In view of the said submissions, this Writ Petition is disposed of directing respondent Nos.3 to 5 not to interfere with the civil disputes pending between the petitioner and respondent Nos.6 to 9 and also not to insist the members of the petitioner association to withdraw O.S.No.11874 of 2O2l pending between the petitioner and respondent Nos.6 to 9. However, liberty is granted to respondent No.s to attend calls received under 100 dial and investigate into any complaint received either from respondent Nos.6 to 9 or the members of the petitioner association in accordance with law. No order as to costs. Miscellaneous petitions pending, if any, shall stand closed.

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SOL N.CHANDRA SEKHAR^RAO ASSISTANT REGISTRAR //rRUE CoPY// l;...

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SECTION OFFICER

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To,'1. The Deputy Commissioner of Police, West Zone, Masab Tank, Hyderabad' Z. fne nsiistant Commissioner^{of Police, Panjagutta Division, Hyderabad'}

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g. tne Station House Officer, Sanjeevareddy Nagar Police Station' At Sanieevareddv Naqar HYderabad.

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One CC to Sri'B Dananjiya^Advocate IOPUC] 5. iG CCs to GP For^{Hrjnie, High Couri for the State of Telangana [OUT]}

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Two CD CoPies

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One Spare coPY MBC aJ

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FIIGH COURT {

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DATED: 0111012021

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ORDER

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WP.No.24583 of 2021

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DISPOSING OF THE ^/RIT PETITION

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WI]|HOUT COSTS

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o<br>o

M/s Bakul Apartments Owners Association v. The State of Telangana and 8 others

Case brief

What is this about?

What did the court decide?

M/s Bakul Apartments Owners Association v. The State of Telangana and 8 others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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