M/s. Kyr Constructions Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

M/s. Kyr Constructions Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

With the consent of counsel, the writ petition was taken up for hearing and disposal at admission stage without notice to respondents 7 and 8. Subject to the direction that the respondents-authorities conduct the enquiry/investigation into Cr.No.164/2025 and, if the complaint's contents are found correct, take further action strictly in accordance with law, the writ petition is disposed of; miscellaneous petitions, if any, pending stand closed. No costs indicated beyond the stamp notation 'DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS'.

Issue for consideration

Whether the action of respondent No.6 in calling/summoning the petitioners to the police station in the name of inquiry on the complaint lodged by respondent No.7, thereby interfering in civil disputes, is arbitrary, illegal and without jurisdiction, warranting a writ of mandamus restraining such interference.

Court's answer

Since a case vide Cr.No.164/2025 stands registered against the petitioners on the complaint of respondent No.7 and the authorities are conducting investigation into the said crime, the respondents-authorities are to be directed to conduct enquiry/investigation into the said crime and, if the contents of the said complaint are found to be correct, take further action strictly in accordance with law.

Ratio / Principle

Having regard to the manner of disposal and the nature of the lis, notice to unofficial respondent Nos.7 and 8 is not necessary for adjudication of the present writ petition.

Detailed headnote1 paragraphs

Telangana High Court (T. Vinod Kumar, J.), 03.04.2025 — Writ petition under Article 226 by two businessmen alleging that the SHO, Nacharam Police Station (respondent No.6) was summoning and harassing them in the name of inquiry on a false complaint lodged by private respondents 7 and 8, thereby interfering in civil disputes, and seeking mandamus to restrain such interference. With the consent of both sides, the Court took up the matter for disposal at admission stage and held notice to unofficial respondents 7 and 8 unnecessary. Recording the Government Pleader's statement that on respondent No.7's complaint a case vide Cr.No.164/2025 dated 13.03.2025 stood registered and investigation was underway in accordance with law, the Court directed the respondents-authorities to conduct the enquiry/investigation into the said crime and, if the contents of the complaint are found correct, to take further action strictly in accordance with law. Subject to this observation and direction, the writ petition was disposed of and miscellaneous petitions, if any, stood closed.

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HIGH COURT FOR THE STATE^{OF TELANGANA} AT HYDERABAD (Special Original Jurisdiction)

THURSDAY, THE THIRD DAY OF^APRIL TWO THOUSAND AND TWENTY^FIVE

PRESENT

THE HONOURABLE SRI JUSTICE T.VINOD^KUMAR

WRIT PETITIO N NO: 10047 OF²⁰²⁵

Between:

1 . M/s. KYR Constructions, Represented^{by its Partner A' KrishnaReddy' S{q. A} Ram Reddy, Aged about.^{43 Years,Occ.Business, F/o. H.No.13-106/1,} Mallikarjun Nagar, Mallapur,^{IVedchal-Malkajgiri District-500076.}

Pannala Yadi Reddy, S/o. Sri^{P Sai Reddy,Agedabout.42 Years, Occ.} Business, FVo. H.No.3-5-18613521a,^{Road No.7 Krishna Nagar, H B Colony,} Moula-Ali, Hyderabad-500040.

.....PETITIONERS

AND

The State of Telangana, Rep^{by its Principal Secretary to Govt., Home} Department, Secretariat, Hyderabad^{- 50O022.}

The Director General of Police,^{DGPOffice, LakdikapulRoadOpp. Ravindra} Bharathi, Lakdikapul, Hyderabad,^{Telangana500004.}

The Commissioner, Rachakonda^{Police Commissionerate,} Ramakrishnapuram Post Near Malkajgiri^{Court Complex, Shiva Nagar} Colony, Vayupuri, Neredmet,^{Secunderabad.}

The Deputy Commissioner of^{Police, Rachakonda, Medchal-Nlalkajgiri} District.

The Assistant Commissioner^{of Police,Ir/alkajgiriDivision, Medchal-Malkajgiri} District.

The Station House Officer,^{Nacharam PoticeStation, Uppal N/andal, Medchal-} Malkajgiri District, Telangana.

Donthula Srinivas, S/o. Late Sri.^{D Rajaiah,Aged about.55 Years,Occ.} Business, R/o. H.No.3-3-1 OOt14111 ,^{B-aba Nagar, Mallapur, Hyderabad-} 500076.

B. Simidri Venkateshwar Rao,^{S/o. Late S. Simhachalam, Aged about.71 Years,} Occ. Farmer Rl/o.H.No.4-1^{16/159.Vishnunarayanapuram Tanuku, West} Godavari District, A.P.-5322'1'1.

.....RESPONDENTS

I 1

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 issue declaring the action of the Respondent No-6 in interfering in the Civil Disputes and harassing/summoning the Petitioner to the Police Station in the name of inquiry on the false complaint lodged by the Respondent No.7 as arbitrary, illegal, against the principles of natural^justice and without^jurisdiction and consequently direct the Respondent No.6 not io interfere in the civil disputes nor in any manner to harass/summon the Petitioner to the Police Station in the name of inquiry on the false complaint lodged by the Respondent No.7.

[.A.NO:1 OF 2025

r 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 direct the Respondent No.6 not to interfere in the Civil Disputes nor any manner to harass/summon the Petitioner to the Police Station in the name of inquiry on the complaint lodged by the Respondent No.7, pending disposal of the above writ petition.

Counsel for the Petitioners : SRI JEERIPOTHULA SRINIVAS

Counsel forthe Respondent Nos.1 to 6: GP FOR HOME

Counsel forthe Respondent Nos.7 & 8:--

The Court at the stage of admission made the following ORDER

THE HON'BLE SRI JUSTICE T. VINOD KUMAR

W.P.No. lOO47 of 2o25

ORDER

Heard learned Counsel for the petitioners, learned Government Pleader for Home appearing for the official respondent Nos. 1 to 6, and with the consent of the learned counsel appearing for the respective parties, the writ petition is taken up for hearing and disposal at admission stage.

Having regard to the manner of disposal of the Writ Petition and the nature of lis invoived, this Court is of the view that notice to unofficial respondent Nos.7 & 8 is not necessary for adjudication of the present Writ Petition.

The case of the petitioners, in brief, is that the 6ft respondent is calling the petitioners to the police station in the name of enquiry on a false complaint stated to have been lodged by respondent Nos.7 & 8, and thereby interfering with the petitioners' life and liberty, which action of the respondents-authorities it is conrended as highly illegal and arbitrary.

Per contra, learned Governmcnt Pleader for Home appearing for official respondents submits that the 7e respondent in the present Writ Petition had submitted a represe ntation/complaint against the petitioners herein, and based on the said complaint

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lodged, the authorities^{have registered a case uide Cr.No.164l2025} on 13.03.2025.

[,earned Government^{Pleader wouldfurther submit that the} respondents authorities except^{causinginvestigationintothe} contents of the aforesaid^{crime registered against the petitioners} herein, have never interfered^{in the civil disputes,much less with} the personal life and^{libertyof the petitioners.}

Learned Government^{Pleader further submitsthatthe} authorities are conducting^{investigation/enquiry into the aforesaid} crime only in accordance^{with the 1aw.}

7 . The albresaid submission^{made by the learne<lGovernment} Pleader is taken on record.

Having regard to the submissions^{made as above, and since,} it is now stated before^{this Court that basedon a complaint made} by the 7rt respondent^{herein a caseui.deCr.No.164/2025hasbeen} registered against the^{petitioners and that the authoritiesare} conducting investigation into^{the aforesaidcrime registered, this} Court is of the view that^{the respondents-authorittesare to be} directed to conduct enquiry/^{investigationinto the aforesaid crime} registered and, if the contents^{of the saidcomplaint are found to be} correct, take further action strictly^{in accordance with law.}

I

Subject to the above observation and direction, the Writ

Petition is disposed of

l0 Consequently, miscellaneous petitions, if any, pending sha11

stand closed

SD/.N.^S HARI DEPUTY^REGITRAR

//TRUE^COPY//

SECTION^OFFICER

To

The Principal^{Secretary to} 99l:lo*"^{Department' Secretariat' State of} , ffi h:,:::":'#ffSTi;i33^{?i..31,on1"?':lo'* p u I Ro ad o p p Ravin d ra} Bharathi,^{Lat<dikapui' Hyderabad' Telangana 500004'}

The^{Commissioner'n'JnuftonO"p"liceCommissionerate'} Ramakrishnapu"'^{F;ti' l'j;;|.ilatkagirico"t complex'Shiva Nagar} A;i;;;' V,i'p'ri,^{Neredmet' secunderabad'}

The^{Deputy Co"'tLilnur."ofFoiit"' n"nurtonda'Medchal-lr/alkajgiri} District.

The Assistant District.^{Commissioner of Police' Malkajgiri Division' Medchal-Malkajgiri} District.

6.ThestationHouseOfficer'NacharamPoliceStation'Uppallvlandal'Medchal-

, H$313t'fiJ$?ffnE^{Hish courtrorthestate orreransanaat} Hvderabad lOUTl

I 31,:, #ildiil'denrpotrulA^{sRlNlvAS'AdvocatetoPUCl}

Two CD^CoPies

SA LS V

HIGH COURT

DATED:0310412025

ORDER

WP.No.10047 of 2025

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DISPOSING OF THE W.P

AT THE STAGE OF ADMISSION

WITHOUT COSTS.

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