A two-judge panel of the Telangana High Court comprising Justice Moushumi Bhattacharya and Justice Gadi Praveen Kumar reiterated that a writ of habeas corpus was not maintainable in the absence of illegal detention, while disposing of a plea filed by a Shaik Babul Saheb seeking production of his wife
Hyderabad: A two-judge panel of the Telangana High Court comprising Justice Moushumi Bhattacharya and Justice Gadi Praveen Kumar reiterated that a writ of habeas corpus was not maintainable in the absence of illegal detention, while disposing of a plea filed by a Shaik Babul Saheb seeking production of his wife. The petitioner sought production of his wife Banoth Nandini alias Shaik Naziya, alleging that her parents had taken her away under the pretext of a festival and were illegally detaining her despite the couple’s marriage in February 2025. Pursuant to an earlier direction, the woman was produced before the court. During an in-camera interaction, she confirmed that she married the petitioner voluntarily but stated that she wished to stay with her parents for some time owing to concerns about her husband. She categorically stated that her parents had neither compelled her to reside with them nor forced her into any other marriage. The panel noted that habeas corpus was a summary remedy to address unlawful detention, and in the present case no such detention was established. Observing that the dispute was essentially a matrimonial issue between two educated individuals, the panel advised that they may resolve their differences amicably. Finding the writ petition not maintainable, the panel dismissed it while granting liberty to the petitioner to pursue other remedies available under law.
FCI action upheld on non-regularisation
Justice Nagesh Bheemapaka of the Telangana High Court dismissed a writ plea filed by former contract workers of the Food Corporation of India (FCI) seeking absorption as watch and ward staff under a 2013 circular. The judge junked the claims of B.S. Rao and 29 others. The petitioners claimed decades of service at FCI’s Miryalaguda rice mill and buffer storage depots. They pleaded that they were unfairly excluded from absorption given to 270 casual labourers under the Direct Payment System (DPS). The petitioners argued that the 2013 circular mandated preference to existing casual workers in recruitment for security posts and that their seniority and service entitled them to absorption. The FCI opposed the plea, contending that the circular had been kept in abeyance by the headquarters and was no longer in force. It was argued that the petitioners worked only through the Hamali Cooperative Society and not directly under the FCI and hence were not eligible for regularisation. The judge held that since the recruitment process under the 2013 circular was suspended, the petitioners could not insist on appointments under it. The judge also observed that the grievance of being left out with reference to the 270 DPS workers was misconceived, as the petitioners were never absorbed into the DPS and policy decisions of FCI could not be challenged on those grounds.
Dowry case against German resident quashed
Justice Juvvadi Sridevi of the Telangana High Court quashed criminal proceedings against an accused residing in Germany in a dowry harassment case. The judge was dealing with a criminal petition filed by Sridhar Babu Kadiyala seeking to quash charges of dowry harassment levelled by his sister-in-law. According to the prosecution, the complainant, married to petitioner’s younger brother in 2011, was subjected to harassment for dowry at the instigation of the petitioner and another accused. The petitioner contended that he never resided with the couple, had no role in their matrimonial affairs, and that there were no specific allegations of harassment against him. Counsel for the petitioner pointed out that the petitioner had been living in Germany and was implicated only on vague and sweeping accusations. The state and the complainant opposed the petition contending that there were allegations warranting trial. The judge observed that the chargesheet contained no distinct or detailed accusations against the petitioner apart from a reference to remitting amounts to his brother. Relying on the principles laid down by the Supreme Court against indiscriminate roping in of relatives in matrimonial disputes, the judge held that continuation of proceedings against the petitioner would amount to abuse of process. Accordingly, the judge allowed the criminal petition and quashed criminal proceedings against the petitioner.
Writ on demolition of heritage building
Justice N. Tukaramji of the Telangana High Court admitted a writ petition challenging the demolition of Sunni or Shia House Moin Manzil. The petitioner claimed damages of `200 crore for the alleged loss caused. The building according to the pleadings in the writ petition was a heritage structure over 100 years old situated behind King Koti Road, Hyderabad. The judge was hearing a petition filed by Ayesha Hassan, who allegeed that officials of the Telangana Waqf Board and the GHMC demolished her property without issuing notice or following due process of law. It was further alleged that during demolition the authorities removed antiques and costly articles from the premises. The petitioner contended that the action violated orders of the High Court passed earlier in another writ plea, which protected her rights in respect of the property. The petitioner sought a direction restraining the authorities from altering or alienating the property.
