Osman Ali Vs The State of Telangana

Mr Bipin Ramdas lppakayal, S/o. Mr. Ramdas Narsayya lppakayal, Aged about 24 years Occ: Business, Rl/o. No.10/1 1Netaji Nagar, Jodbhavipeth Solapur Market, Solapur District, Maharashtra - 413002 adhaar No. 3312 76402529, Cell No. 9022768717 presently staying at Hyderabad.

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...PETITIONERS

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AND

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

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The Commissioner of Police, Hyderabad, Telangana.

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The Assistant Commissioner of Police, Saifabad Division, Hyderabad, Telangana.

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The Station House Officer, Nampally Police Station, Hyderabad, Telangana

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...RESPONDENTS

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Petition uncier Aiticl6 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, declaring, the action of the official respondents in interfering with the civil and commercial matters pertaining to property bearing Municipal No. 11-5-42213 as arbitrary, illegal, highhanded and unconstitutional, being violative of Articles 1a, 19(1Xg), 21 and 300-A of the Constitution of lndia and consequently direct the respondents to refrain from such interference.

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lA NO: 1 OF 2025

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Petition udEer SEction 151 cpc praying that in the ()ircumstances stated in the affidavit filed h support of the pelition, the High court n"ay be pleased to direct the with Respondent from interfering with the civil, contractual and commercial affairs of the Petitioners in respect of the property bearirg Municipal No. 11-5422t3.

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Counsel for the Petitioners: SRI SHREYAS REDDY YALAGtRI

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Counsel for the Respondents: Gp FOR HOME

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The Court made ttefollowing: ORDffi

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.I

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IN THE HIGH COURT^{FOR THE STATEOF TELANGANA AT} HYDERABAD

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THE HONOURABLE SRI JUSTTCE^{N.V.SHRAVANKUMAR}

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W'RIT PETITION No.36406^{of 2025}

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DATE OF ORDER:01.12.2025

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Between:

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Sri. Osman Ali and two others.

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... Petitioners

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AND

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The State of Telangana,^{I-Iome Department,Secretariat,I-Iyderabadand} three others

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... Respondents

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ORDER:

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Heard learned counsel for^{the petitioners and learned Assistant} Government Pleader for Home^{appearingfor respondent Nos.1 to 4. With} their consent, this writ petition^{is being taken up for disposal at the} admission stage itself.

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This writ petition has been^{filed seeking to declare the actionof the} official respondents in interfering^{with the civil and commercialmatters} pertaining to proPerty bearing^{MunicipalNo.11-5-422/3as arbitrary,} illegal, highhanded and unconstitutional,^{being violative of Articles 14,} t9(lxg),21 and 300-4 of the Constitution^{of Indiaand consequentiydirect} the respondents to^{refrain from such interference.}

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Brief facts stated in^{this writ petitionare that petitioner No'3uide} lease deed dated^04.09.2025 )acl taken the property bearing No.77-5-422/3,

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"=I

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2

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admeasuring 720 square feet, on lease and after.obtaining necessary permission from the concerned authority, petitioner lrlo.3 started interior, renovation and fit out works on the subject propery. .[,he case of the petitioners is that on 24.71.2025, r.espondent No.4, c*,tained the petitio,er No.3 frorn 3.00 pm to 10. p.M and again on 26.17.2015, the police official carne to subject premises and forcibry detained the petitioner No.3 worker from 2.00 Pm to .1.45 pm_ Further case of the petitioncrs is that respondent No.4 is interfenng with the r.enovation rvork arr -l is harassing the petitioners not to start business on the subject premisrs. Aggrievecl by the same, this writ petition is filed.

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4 Learned Assistant Government pleader for iJotne appearing for responde,t Nos.i to 4, placecl on recorcl instr.uctio,s issued by Station House officer, , Nampally ,police Stat_iory Hyderab;Ld, wherein it is submitted thar on 2l .71.2025, 24.71.2025 and 25.77.202:i, tlrree complaints were lodged before respondent No.4 against petrtioners. On such complaint GD entry was made and for the purpose o1 investigation, the pehtioners were called to the police station.

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Learned Assistant Government pleader for ljc ure submits that except conducting investigation, the respondent authorities did not harass the petiiioners it is further submitted that the petitio.rrrs instead of cooperating with rhe pencling investigation had filed this wr.rt petition.

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j

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Recording the submissions made by learned counsel appearing on either side, without expressing any opinion on the merits of the case and since the investigation is pending, this Court deems it appropriate to dispose of the writ petition directing respondent authorities to follow due proccdure as contemplated under law for furtirer course of action. It is made clear that the petitioners shall co-operate with the pending investigation. It is also made clear that, if the petitioners are conducting the business without proper permissions, this order does not preclude the respondent authorities in taking action in accordance with law.

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With the above direction, this writ petition is disposed of.

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Miscellaneous appiications, if any pend ing, shall star-rd closecl. No order as

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to costs

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S /. M.JAWAHAR REDDY
SISTANT REGIST
il
i:; ,t //TRUE COPY//
ECTION OFFICER

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To 1 The Principal Secretary,tlome Depa(ment, Secretariat Building, State of -^{lelangana, Hydeiabad,Telangana.} 2. The Commissiorgrr,of Police, Hyderabad, Telanqana. 3. I he Assistant Commissioner of Police, Saifabad- Division, Hyderabad, Telangana.

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The Station House Officer, lqlpally police Station, Hyderabad, Telanqana ! 9n"^{CC to SRIqHREY4-S-EEDDY'YALAGtRt,Advoc'ate} fOp0bf Q I*o^{CCsto GP FOR HOME,HighCourt for the} State of Tetangaha. [OUT] 7. Two CD Copies .

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