Telangana High Court
S.Kiran Sagar vs The State Of Telangana on 31 January, 2024
THE HON'BLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION No.2352 OF 2024
ORDER:
This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:
"...to issue a Writ or direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondent Nos.2 and 3 in harassing and regularly calling the petitioners to the police station and sit out for hours together and sending the Mufti police to my house and also calling through mobile phone frequently to come to the police station, as arbitrary, illegal, unconstitutional, without due process of law, contrary to the provisions of Cr.P.C. violative of principles of natural justice and violative of Articles 14 and 21 of the Constitution of India and also contrary to the judgment of the Hon'ble Supreme Court and consequently direct the respondents Nos.2 and 3 not to harass and detain the petitioners in the future without following due procedure as contemplated under law..."
2. Heard learned counsel for the petitioner, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 3 and perused the record.
3. The case of the petitioner is that respondent No.4 executed an Agreement of Construction, dated 15.02.2022 in favour of the petitioner for construction of ground floor and first floor with a built up area of 1055 square feet, situated at Kismatpur, Rajendra Nagar, 2 Hyderabad, for an amount of Rs.14,80,000/-. As per the terms of the said Agreement, the petitioner had completed the work and later respondent No.4, without any agreement, had requested the petitioner, on oral instructions, for further construction of second floor slab and overhead slab and room and also to construct two rooms and bathroom on 2nd floor and to complete the side wall finishing and the amount was fixed at Rs.12,20,000/- and the petitioner had completed the said construction, but kept pending work construction of Rs.2,00,000/-, as respondent No.4 has paid only Rs.21,00,000/- out of Rs.27,00,000/- towards previous construction and further construction and respondent No.4 fell due an amount of Rs.6,00,000/- to the petitioner. It is further case of the petitioner that instead of paying the remaining balance amount, respondent No.4 claiming to be a Police Constable working in Police Academy, in a high handed manner frequently calling the petitioner to come to respondent No.3 police station and demanding him to repay an amount of Rs.4,00,000/-, otherwise he will be implicated in a false criminal case. It is further case of the petitioner that as per 3 the contract, though the petitioner completed the work and performed his part of duty, respondent No.4 is still insisting to pay an amount of Rs.4,00,000/-. It is further case of the petitioner that he is frequently receiving phone calls to his mobile phone from the land phone of respondent No.2 and sending police personnel to his house in Mufti and one person by Mahipal on 27.01.2024 called to his mobile and asked him to appear before respondent No.3, otherwise he will face serious consequences.
4. The grievance of the petitioner is that respondent Nos.2 and 3 for the reasons best known to them are frequently summoning the petitioner to police station and confining him for hours together and forcing him to enter into settlement/compromise as per the terms dictated by respondent No.4. The further grievance of the petitioner is that respondent Nos.2 and 3 are interfering with the civil disputes between the petitioner and respondent No.4.
5. Learned Assistant Government Pleader for Home, on instructions, would submit that respondent No.4 had lodged a complaint on the file of Commissioner of Police and the same was referred to respondent No.3 and only for 4 the purpose of preliminary enquiry, respondent No.3 summoned the petitioner to police station, but he is not interfering with the civil disputes between the petitioner and respondent No.4 in any manner.
6. In view of the said submission, this Court deems it appropriate to dispose of the writ petition directing respondent No.3 not to interfere with the civil disputes between the petitioner and respondent No.4 with regard to construction of house in terms of the Agreement of Construction, dated 15.02.2022, in any manner, and if the presence of the petitioner is required for the purpose of investigation in any case, respondent No.3 is directed to follow due process of law.
7. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs.
Miscellaneous petitions if any, pending in this Writ Petition shall stand closed.
_________________________________ JUSTICE C.V. BHASKAR REDDY Date: 31.01.2024 YVL