IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.34525 of 2025 Dated: 22.01.2026 Between:

Naine Kaml Rao … Petitioner And The State of Telangana, Rep. by its Principal Secretary, Revenue Department and three others … Respondents

ORDER

This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief/s:-

“… to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of Respondent No.2 in issuing the show-cause notice bearing Mc.No.B/526/2025 dated 03-07-2025 basing on the report of the 3^rd respondent dated 03-07-2025, is without jurisdiction and against law and declaring the show-cause notice dated 03-07-2025 as illegal, arbitrary, null and void and contrary to provisions of the principles of natural justice and consequently to set aside the show-cause and to pass any other order or orders …”

2. Heard Mr.Nadipally Ananda Rao, learned counsel for the petitioner, Mr.L.Ravinder, learned Assistant Public Prosecutor for Revenue representing learned Government Pleader for Revenue appearing for respondent Nos.1 and 2. Perused the record.

3. Learned counsel for the petitioner submits that respondent No.4 has issued show cause notice bearing Mc.No.B/526/2025 dated 03-07-2025 to the petitioner and three others. The operative portion of the said notice reads as under:-

“You are therefore hereby required to attend in person before my court on 10/07/2025 at 11:00 A.M/P.M. to show cause as to why should not be required to enter into a personal bond for Rs.1,00,000/-(Rupees One Lakh Only/-) with sureties if required, that you will keep peace in the state for a term of one year."

He further contends that the petitioner filed O.S.No.327 of 2018 on the file of the learned VIII Junior Civil Judge, City Civil Court, at Hyderabad (for short, “the trial Court”) seeking the relief of declaration of title and consequential Injunction. The petitioner was defendant No.2 in O.S.No.165 of 2018 filed by one Smt. Chettla Balamani and three others seeking the relief of Perpetual Injunction. The trial Court vide common judgment dated 02.11.2022 in O.S.Nos.165 and 327 of 2018 had decreed O.S.No.327 of 2018 in part and dismissed O.S.No.165 of 2018. He contends that without verifying the observations/findings of the said judgment, respondent No.3 had issued the impugned notice dated 03.07.2025 stating that the petitioner tried to breach law and order and obstructed peace and tranquility.

4. He further submits that, in similar circumstances, this Court, vide order dated 29.08.2024 in W.P.No.23686 of 2024 had set aside the notice No.C/39/2024 dated 10.07.2024 issued by respondent No.2/R.D.O. therein under Section 130 r/w Section 126 of BNSS. Further, to substantiate his contentions, he relies on the decision passed by the High Court of Madras in Dharmaraj Vs. State, rep. by the Inspector of Police, Perumalpuram Police Station, Tirunelveli District1 and the decision passed by this Court in Reddygari Srinivas Reddy Vs. the State of Telangana, rep. by its Principal Secretary (Home Department), Secretariat, Hyderabad². Stating thus, he seeks to pass appropriate orders.

5. Learned Assistant Government Pleader for Revenue contends that the petitioner ought to have approached respondent No.3 and filed an explanation to the impugned show cause notice. Rather the petitioner rushed to this Court at the premature stage and filed the present Writ Petition. Hence, he seeks to dismiss the Writ Petition.

6. In the decision cited (supra 1), the Madras High Court relying on its earlier judgment held that whenever police receives

1 Crl.OP.(MD).Nos.15216 of 2017 & 10113 of 2017, decided on 09.11.2017

any information, it may necessitate action by an Executive Magistrate under Sections 107 to 110 of Cr.P.C., and that the same shall be entered in a separate register and requisition for action shall be made to Executive Magistrate an