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Nafees Sultana vs The State Of Telangana
2026 Latest Caselaw 445 Tel

Citation : 2026 Latest Caselaw 445 Tel
Judgement Date : 7 April, 2026

[Cites 2, Cited by 0]

Telangana High Court

Nafees Sultana vs The State Of Telangana on 7 April, 2026

       IN THE HIGH COURT FOR THE STATE OF TELANGANA
                     AT HYDERABAD

             THE HON'BLE SRI JUSTICE E.V.VENUGOPAL

                  WRIT PETITION No.10279 of 2026

                     DATE OF ORDER: 07.04.2026


Between:

Nafees Sultana and another

                                                       ...Petitioners
                                 AND

The State of Telangana,
Rep. by its Principal Secretary,
Home Department,
Hyderabad, and others

                                                     ...Respondents

ORDER:

This Writ Petition, under Article 226 of the

Constitution of India, is filed seeking the following relief:

"....to issue a Writ, order or direction more particularly one in the nature of Mandamus directing the respondents authorities Nos.1 to 5 to provide immediate and adequate police protection to the petitioners and their properties to enable safe reopening and peaceful operation at schedule A property i.e., Municipal No.4-25-108/6/10/A on Plot No.16, in Survey No.337/5, admeasuring 260.00 Sq. Yards or 217.36 Sq.mtrs., with Built-up area 100 Sq. feet, A.C.C. and schedule B property i.e., Municipal No. 4-25-108/6/10/A/1 on Plot No.17, in Survey No.337/5, admeasuring 260.00 Sq. Yards or 217.36

Sq. mtrs., with Built-up area 100 Sq. feet, A.C.C., situated at Wadi-E-Mahmood, Attapur Village, GHMC, Rajendra Nagar Circle, Ranga Reddy District, Telangana, and to pass....."

2. Heard Sri Zabi Ur Rahman Khan, learned counsel

appearing for the petitioners and Sri M.Srinivas, learned

Assistant Government Pleader for Home for respondent

Nos.1 to 5 and perused the record.

3. Learned counsel appearing for the petitioners would

submit that petitioner No.1 herein is the absolute owner and

possessor of portion of house bearing municipal No.4-25-

108/6/10/A on Plot No.16 in Sy.No.337/5, admeasuring

260.00 sq.yards or 217.36 Sq.mtrs, situated at Wadi-E-

Mahmood, Attapur Village, GHMC Rajendra Nagar Circle,

Ranga Reddy District, having purchased the same from its

lawful owner Mrs. Fouzia Fathima through a registered sale

deed bearing document No.8072 of 2025, dated 23.08.2025

(the schedule property herein referred as 'schedule A').

Petitioner No.2 herein is also the absolute owner and

possessor of portion of house bearing municipal No.4-25-

108/6/10/A/1 on Plot No.17 in Sy.No.337/5, admeasuring

260.00 sq.yards or 217.36 Sq.mtrs, situated at Wadi-E-

Mahmood, Attapur Village, GHMC Rajendra Nagar Circle,

Ranga Reddy District, having purchased the same from its

lawful owner Mr. Ilyas Ali Khan through a registered sale

deed bearing document No.8073 of 2025, dated

23.08.2025(the schedule property herein referred as

'schedule B').

4. Since 08.03.2026, the unofficial respondents are

claiming to have purchased the schedule A and B properties

under forged and fabricated notarized documents and have

been harassing the petitioners stating that they are the

absolute owners and are illegally trespassing into the

schedule properties. Aggrieved thereby, the petitioners

lodged a complaint on 08.03.2026 before respondent No.5,

but the police refused to register it citing the unofficial

respondents' association with a local political party and their

influence. Thereafter, the petitioners lodged a complaint

with respondent No.3 on 10.03.2026 seeking intervention.

Despite the above said complaints, the official respondents

have failed to act, stating the matter is civil in nature and

directed the petitioners to approach the Civil Court.

5. The petitioners constrained to file O.S.No.156 of 2026,

on the file of the learned I Additional Junior Civil Judge, City

Civil Courts at Rajendra Nagar. The Court ordered notices to

the unofficial respondents and posted the matter for hearing

on 08.04.2026. Sooner the above suit is filed the petitioners

are receiving threatening calls from the unofficial

respondents. The petitioners do not have any other source

of income except the rents from the schedule properties

which has been shut because of the threats from the

unofficial respondents. The threats to life necessiate

immediate police protection to enable safe operation of the

business. The police authorities are duty-bound under law

to protect citizens from such threats and register complaints,

under relevant provisions of Section 352(3) BNS, besides

refusal to register the complaint contravenes Section 173 of

the BNSS and settled propositions of the Hon'ble Supreme

Court in Lalitha Kumari vs. Government of U.P. 1

Consequently, counsel prayed for issuance of an appropriate

(2014) 2 SCC 1

direction to the competent officer to ensure registration of

the case.

6. Learned Assistant Government Pleader for Home,

opposing the contentions of the petitioners would firstly

submit that the dispute between the petitioners and the

unofficial respondents is purely civil in nature and secondly

no complaint has been lodged by the petitioners with

respondent No.5. The petitioners have already filed a

detailed representation before respondent No.3 on

10.03.2026, which has been duly acknowledged and is

presently under consideration by the said authority and

appropriate action will be taken as and when a decision is

made on the said representation.

7. In the light of the aforesaid facts and circumstances of

the case and upon perusal of the material available on

record, it is manifest on the face of the record that the

petitioners have already filed a suit vide O.S.No.156 of 2026

in respect of the property in dispute. It is noted that notices

have been issued therein, which clearly demonstrates that

civil proceedings are pending before the competent trial

Court. On perusal of the representation dated 10.03.2026

submitted by the petitioners, it is evident that no relief, such

as police protection, has been sought therein. However, the

petitioners have straightaway filed the present writ petition

seeking police protection, which does not deserve any

consideration. As stated by the learned Assistant

Government Pleader for Home, the said representation is

presently under consideration before respondent No.3 and as

and when a decision is taken thereon, the same shall be duly

intimated to the petitioners and respondent No.3 is also

directed to take appropriate action strictly in accordance

with law.

8. With the above observations and directions, this writ

petition is disposed of. There shall be no order as to costs.

As a sequel, miscellaneous petitions, if any, pending,

shall stand closed.

____________________ E.V.VENUGOPAL, J

Dated: 07.04.2026 VSU

 
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