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2025 DAILYLAW 47003 (AP)

S FAHAMID BASHA v. THE STATE OF AP

WP/27738/2025 · 2025-10-15

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010532642025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 27738/2025 Between: 1. S FAHAMID BASHA, S/O. SHAIK BASHA, AGED ABOUT 35 YEARS, R/O.D.NO.26-49, MUTHAJARIPALEM, NEW PET, PALAMANER, CHITTOOR DISTRICT, A.P. ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY. HOME DEPARTMENT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DIRECTOR GENERAL OF POLICE, MANGALAGIRI, GUNTUR DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue appropriate writ, order or direction more particularly one in the nature of a writ of Mandamus declaring the highhanded acts of the 8th respondent (i.e.l0th respondent) in abusing in filthy language and asking him to take action against the complaint of Smt.Mumthaj Begum W/o. Adam Basha, and also asking him me as to who I questioned him to take action against the 11th and 12th respondent as per her complaint dated 12-09-2025 and further directing me to go out from his police station and thus 8th respondent (10th respondent) misused his official power by resorting to the said acts is illegal, irregular, arbitrary and violation of articles 14, 19, 21 and 300-A of constitution of India and consequently direct the official 2 respondents in particular by the 4th respondent to conduct enquiry in this matter and take disciplinary action against the illegal acts of the 8th respondent (10th Respondent) and pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Pleased to direct the respondents in particular 4th respondent to take disciplinary action and also penal action under appropriate provisions of criminal law against the 8th respondent (10 respondent) as he deliberately misused his official power by resorting to the illegal acts by abusing me for assisting the complainant Smt.Mumthaj Begum who being subjected to harassment at the hands of 11th and 12th respondents and also thrown out the complaint of Smt. Mumthaj Begum on her face without taking action against it dated: 12-09-2025 in the interest of justice, pending disposal of the main writ petition, and pas Counsel for the Petitioner: 1. BASHA SHAIK Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 27738/2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: <…to issue appropriate writ, order or direction more particularly one in the nature of a writ of Mandamus declaring the highhanded acts of the 8th respondent (i.e., 10th respondent) in abusing in filthy language and asking him to take action against the complaint of Smt Mumthaj Begum W/o Adam Basha and also asking him me as to who I questioned him to take action against the 11th and 12th respondent as per her complaint dated 12.09.2025 and further directing me to go out from his police station and thus 8th respondent (10th respondent) misused his official power by resorting to the said acts is illegal, irregular, arbitrary and violation of articles 14, 19, 21 and 300A of constitution of India and consequently direct the official respondents in particular by the 4th respondent to conduct enquiry in this matter and take disciplinary action against the illegal acts of the 8th respondent (10th Respondent) and pass such other order or orders…= 2. Heard Sri Shaik Basha, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioner would submit that let there be a direction to respondent No.4 to conduct an enquiry and initiate disciplinary action against respondent No.10, who misused his official position and subjected the complainant to harassment at the hands of respondent Nos.11 and 12. Learned counsel further would submit that there was no response from the Police on the complaint made by the petitioner dated 12.09.2025, which was thrown on the face of the complainant. 4. Learned Assistant Government Pleader for Home, on written instructions, would submit that the on 12.09.2025 at about 01.00 p.m., while 4 respondent No.10 was present in Palamaner urban Police Station, two persons namely Mrs. Mumtaz Begum and Fahamid Bhasha, came to the police station and represented that Mumtaz Begum was residing in a rented portion in the house of one Prakash Reddy at Muttacharipalyam, Palamaner Town. The owner of the house, Prakash Reddy, had disconnected the water and electricity supply to her house and had forcibly asked her to vacate the house, because she had not paid the rent for the last two months. On enquiry the owner of the said house stated that tenant, Mumtaz Begum, had not paid the rent for the last two months and hence, he requested her to vacate the house. Respondent No.10 advised them that it would suffice if she paid the rent, and if she had any objections, the matter should be settled before the competent Court. In response, Fahamid Bhasha, who came with Mumtaz Begum, shouted loudly that he was a famous advocate in the village and threatened that if respondent No.10 did not act according to his words, he would see his end and thereafter left the Police Station. He was neither abused nor forced to leave. Except for the above incident, nothing else occurred in the Palamaner Urban Police Station. Hence, the petitioner has made a false presentation to the concern authorities. Further, no one acted in a highhanded manner against the petitioner. 5. Considering the submissions made, it is apposite to dispose of the present writ petition directing respondent No.4 to look into the grievance of the petitioner and take appropriate steps according to governing rules and law. 5 6. Accordingly, the Writ Petition is disposed of. However, the petitioner is at liberty to work out their remedy before appropriate forum according to law. No costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Date: 16.10.2025 JLV 6 178 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.27738 of 2025 Dated: 16.10.2025 JLV