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,
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
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
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
