Madhu Jithender Sharma, Vs The State of Telangana

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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THURSDAY, THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

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WRIT PETITION NO: 28285 oF 2025

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Between:

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tvladhu Jithender Sharma, S/o. Late Laxmana Sharma, Aged about 46 years, Occ ; Pujari, R/o H.No.7-75, Balaji Nagar, Jawahar Nagar, Kapra Mandal, Medchal Malkajgiri District - 500087.

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.....PETITIONER

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AND

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

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The Director General of Police, Telangana. Hyderabad.

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The Commissioner of Police, Rachakonda, Rachakonda Commissionerate. Hyderabad.

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The Assistant Commissioner of Police, Kushaiguda Division, Rachakonda Commissionerate, Medchal Malkajgiri District.

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The Station House Officer, Jawaharnagar Police Station, tVledchal Malkajgiri District.

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Udutha Santosh Gutpa, S/o. Laxmana Murthy, aged about 40 years, Occ. Real Estate, R/o H.No.7-25, Market road, Balaji Nagar, Patha Basthi. Jawaharnagar, Kapra lv1andal, Medchal Malkajgiri District - 500087.

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..,..RESPONDENTS

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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 an appropriate writ, order or direction more particularly one tn the nature of Writ of Mandamus declaring the actron of the Respondent No.5 in non-providing the police protection to the life and liberty of the Petitioner and peaceful puja activities in Sri Seetharamanjaneya Swamy Devalayam, which is situated at Jawaharnagar (Balajinagar),^Kapra Mandal, Medchal Malkajgiri District

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by controlling the rllegal activities of the Respondent No.6 and his un-social elements and who is creating the panic situations and trying to kill the Petitionbr and also trying to diiposes the Petitioner from the temple is illegal, arbitrary, u nconstitution a I and violation of Articles 14, 15, 21 and 300-A o'Constitution of lndia and also violati,rn of Principles of Natural Justice and consequently direct the Respondent No 5 to provide the police protection to the Petiti,rner and his life and puja activities in the Sri Seetharamanjaneya Swamy Deva ayam, which is situated at Jawaharne,gar (Balajinagar), Kapra Mandal, Medchal lllalkajgiri District and not to disposes tl-e Petitioner from the temple.

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l.A.NO:1 OF 2025

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Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in s;upport of the petition, the High Court rnay be pleased to direct the Respondent No.5 to provide the police protection to th,: Petitioner and his life and puja activrties in the Sri Seetharamanjaneya Swamy Devalayam. which is situated a t Jawaharnagar (Balajinagar), Kapra Mandal, Medchal Malkajgiri District anri not to disposes the Petitioner from the temple pending disposal of the writ petition.

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Counsel for the Petitioner : SRI RAPOLU BHASKAR

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Counsel for the Respondent Nos.1 to 5: GP FOR HOME

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Counsel for the Respondent No.6 : -

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The Court made the lollowing ORDER

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)

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THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR

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Writ Petition No.28285 of 2025

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This writ petition is filed seeking the follou,ing prayer

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"...declaring the action of the Respondent No.S in non-prouiding the police protection to the life and libertg of the Petitioner and peaceful puja actiuities in Sn Seetharamanjanega Swamg Deualayam uLhich is situated at Janaaharnagar, Balajinaga4 Kapra MandaL, Medchal-Malkajgiri District bg controlling the illegal actiuities of the Respondent No.6 and his unsocial elements and who is creating the panic situations and trying to kill the Petitioner and also trying to disposes the Petitioner from the temple is illegal arbitrary unconstitutiorutl and uiolation of Articles 14, 15, 21 and 30OA of Constitution of India and also uiolation of Principles of Natural Justice and consequentlg direct the Respondent No.S to prouide the police protection to the Petitioner and Itis life and puja actiuities in the Sn Seetharamanjanega Swamg Deualagam uthich is situated at Jautaharnagar Balajinagar Kapra Mandal Medchal Malkajgii Distict and not to disposes the Petitioner from the temple..."

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2 . Hea:d learned counsel for the petitiorLer and learned Assistant Government Pleader for Home appearing on behalf ol respondent Nos.1 to 5. With their c,:ns,:nt, this writ petition is taken up for disposal. Notice to respondent No.6is disper sed with

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The facts of the case in brief are that p(:titioner, vgho is a diszLbled persons, is a Priest performirrg trroojas at Sri Seetharamanjaneya Swamy Temple, Jawahal Nagar, Kapra Mandal from the year 2OOO. It is submitted that the said Tt:mple was registered on 06. 12.2024 ur.der the provisions cf Section 43 of Telangana Charitable and Hindu Religious Institutions Endowment Act. It ir; further submitted thai respondent No.6 herein formed rr committee privately an d announced himself as Chairrnar:. of the Temple and started dominating the activities of the Temple. It is further r;ubmitted that respondent No.6 is mis-utilizing the Temple lurrds and hatched a plan to evict the petitioner from the Te nple premises. Respondent No.6, :eccordingly, threatenecl the petitioner to handover the pooja acr-ivities to one third pcrson, which was denied b5r the petitio::rer. As a result, re,spc ndent No.6 started interfering into rhe peacelul

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possession of the petitioner and is also trying to kiii the petitioner. In that regard, petitioner made a representation on 1O.O7.2O25 to SHO, Jawahar Nagar i.e., respondent No.5. Since no action is forthcoming, the petitioner has filed the present writ petition.

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Though varl0us grounds are raised, petitioner confines his prayer to the extent of disposing of the representation dated 10.O7.2025 submitted to respondent No.5.

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Learned Assistant Government Pleader for Home, on instructions, would submit that if the said representation is still pending for consideration, the respondent authorities may be directed to dispose of the petitioner's representation and appropriate orders be passed to that effect.

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In that view of the matter, this writ petition is disposed of with a direction to respondent authorities to consider the representation of the petitioner dated 1O.O7.2025 and pass appropriate orders by following due

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procedure as contemplated under law as expeditic,usly as possible.

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Miscellanr:ous petitions, pending, if any, sha.l stand

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closed. Hou,er,er, there shall be no order as to costs.

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-SD/-T. SRINIVASA REDDY I A9SIST,ANT REGISTRAR tr .. I

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