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 soc