Citation : 2025 Latest Caselaw 6626 Tel
Judgement Date : 20 November, 2025
THE HONOURABLE SRI JUSTICE N.TUKARAMJI
WRIT PETITION No.14131 OF 2023
ORDER:
This Writ Petition is filed under Article 226 of Constitution of
India seeking the following relief:
"...issue a writ or order or direction more particularly in the nature of Writ of Mandamus under Article 226 of Constitution of India declaring the actions of Respondent No 1 to 8 to not taking any action against the Respondents No 9 to 25 and for imposing social boycott against the petitioner and his family which are totally illegal arbitrary against the principles of Natural Justice and the same is against the provisions of the Article 14 17 and 21 of the Constitution of India and issue a appropriate direction for the enforcement of the fundamental right guaranteed under Article 14 17 and 21 of the Constitution of India and to lift the social boycott of the petitioner and his family and to pass...."
2. Heard Mr. Suresh Shiv Sagar, learned counsel for the
petitioner, Mr. D.Pradeep, learned Assistant Government Pleader for
Home appearing for respondents No.1 and 3 to 5, learned Assistant
Government Pleader for Revenue appearing for respondent Nos.2
and 6 to 8, Mr. Srinivasa Rao Putluri, learned counsel for
respondent Nos.9 and 11 to 25 and Mr. G.S.Mallikarjun, learned
counsel for respondent No.10.
3. Learned counsel for the petitioner submits that the present writ
petition has been filed challenging the inaction of respondent Nos. 1
to 8/the police authorities in not taking any action against
respondent Nos. 9 to 25, despite the alleged imposition of a social
boycott upon the petitioner and his family members. It is further
submitted that the petitioner's representation dated 11.05.2023,
requesting intervention to lift the said social boycott, was not acted
upon, thereby compelling the petitioner to approach this Court
seeking appropriate directions.
4. Learned counsel for the petitioner submits that the unofficial
respondents have imposed a social boycott and ostracized the
petitioner and his family members, which is violative of their
fundamental rights guaranteed under Articles 14, 19, and 21 of the
Constitution of India. He submits that this Court, by an interim order
dated 08.06.2023, had directed the respondent-police authorities to
take necessary steps to prevent any social boycott of the petitioner,
including, if necessary, making a public announcement, and to
ensure that no inconvenience is caused to the petitioner and his
family members. He further submits that, as of now, the concerned
police have registered a crime and proceedings are pending before
the jurisdictional Magistrate. Nonetheless, he seeks issuance of
appropriate directions to the respondent-police authorities to ensure
that no future acts of boycott or ostracism are carried out against the
petitioner.
5. Learned Assistant Government Pleader for Home,
representing respondent Nos. 1 and 3 to 5, submits that, based on
the petitioner's representation dated 11.05.2023, Crime No. 152 of
2023 was registered, and after due investigation, a charge sheet
was filed. The matter has been taken on file as C.C. No. 1097 of
2023 before the learned IV Additional Chief Metropolitan Magistrate,
Nampally, Hyderabad, and is pending for trial. Thus, it is contended
that the grievance of the petitioner has been appropriately
addressed, and no further directions are warranted.
6. Learned counsel for the unofficial respondents submits that, as
reflected in their counter affidavit, the allegations of boycott or
ostracism are unfounded. It is submitted that the petitioner continues
to participate in community activities, and to substantiate the same,
certain photographs have been filed. It is further submitted that the
petitioner had previously approached the State Human Rights
Commission on 17.10.2022 with similar allegations, which were
disposed of by order dated 22.12.2022 upon recording that the
matter had been amicably settled within the community in the
presence of elders. Therefore, the allegations of social boycott are
not supported by credible material or continuing cause. The learned
counsel contends that if the petitioner has any further grievance, he
may seek remedies available under the general law, and issuance of
a writ of continuing mandamus by this Court would be neither proper
nor maintainable. It is further urged that, as the alleged cause of
action no longer survives, the writ petition is liable to be dismissed,
reserving liberty to the petitioner to approach appropriate authorities
in the event of any future grievance.
7. I have perused the material available on record.
8. The prayer set out in thepetition is of twofold: (i) that his
representation dated 11.05.2023 was not acted upon by the police
authorities; and (ii) that the police authorities should be directed to
take preventive action against any social boycott or ostracism by the
unofficial respondents.
9. As regards the first contention, it is evident from the
submission of the learned Assistant Government Pleader that,
based on the petitioner's representation, Crime No. 152 of 2023 was
registered and, upon completion of investigation, a charge sheet
was filed and the case has been numbered as C.C. No. 1097 of
2023 before the competent Magistrate. This clearly demonstrates
that the petitioner's representation has been duly acted upon by the
respondent-police authorities, and therefore, the grievance raised in
that regard no longer survives.
10. Coming to the second contention, the allegation pertains to
social boycott or ostracism of the petitioner and his family members
by the unofficial respondents. Admittedly, there exists no specific
statutory provision empowering this Court to issue a direct
mandamus to the police authorities to act in a particular manner in
matters of private social ostracism. However, any form of social
boycott, which results in deprivation of fundamental rights such as
the right to dignity, equality, or liberty guaranteed under Articles 14,
19, and 21 of the Constitution, is unconstitutional and impermissible
in law. In this context, reference may be made to the judgment of the
Hon'ble Supreme Court in Subramanian Swamy v. Union of India,
(2016) 7 SCC 221, wherein it was held that the right to dignity and
social reputation forms an integral part of the right to life under
Article 21 of the Constitution.
11. Further, the Bombay High Court, in Maharashtra
Andhashraddha Nirmoolan Samiti v. State of Maharashtra, 2015
SCC OnLine Bom 6397, while examining the validity of the
Maharashtra Prohibition of People from Social Boycott (Prevention,
Prohibition and Redressal) Act, 2016, recognized the pernicious
nature of social boycotts and their incompatibility with constitutional
morality. Though such legislation is not in force in the State of
Telangana, the constitutional principle that social ostracism violates
human dignity and equality before law stands well established.
12. In the present case, the materials on record, including the
counter affidavit and photographs filed by the unofficial respondents,
suggest that the petitioner continues to participate in community
activities, and no ongoing social boycott has been established.
Moreover, the proceedings before the Human Rights Commission,
which culminated in an amicable settlement, further indicate that the
dispute has subsided. Therefore, this Court finds no subsisting
cause for further intervention under Article 226 of the Constitution.
13. Nevertheless, considering the fundamental rights of the
petitioner and his family members, and in view of the interim order
dated 08.06.2023 which directed preventive measures against any
social boycott, this Court deems it appropriate to continue to
safeguard the petitioner's liberty to approach the police authorities in
the event of any recurrence of similar acts in the future.
14. Accordingly, while noting that the grievance of the petitioner
has been substantially redressed, this writ petition is disposed of,
leaving open the liberty to the petitioner to approach the
jurisdictional police authorities in the event of any future act of social
boycott or harassment, whereupon the police authorities shall
consider such representation and take necessary steps, including
making a public announcement or registering a crime, in accordance
with law to prevent any such unlawful conduct. There shall be no
order as to costs.
Miscellaneous Petitions, pending if any, shall stand closed.
_______________ N.TUKARAMJI, J Date: 20.11.2025 krk
THE HONOURABLE SRI JUSTICE N.TUKARAMJI
WRIT PETITION No.14131 OF 2023
Dated: 20.11.2025
krk
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