HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.35839 OF 2022
ORDER :
This writ petition is filed to issue a writ of Mandamus declaring the action of the 3rd respondent in not providing adequate police protection or not deploying the police personnel to restrain the grabbers from illegally trespassing into the petitioner's land in Plot No.1 in Sy.Nos.548 and 551 situated at Uppal Kalan Village i.e., Ramanthapur, as being illegal, arbitrary and in violation of Article 21 and 300A of the Constitution of India, and consequently, to direct the 2nd respondent to investigate the matter taking into consideration the judgment of the Madras High Court in A.S.V. Varadachariar v. the Commissioner of Police1.
2. The case of the petitioner is that a suit in O.S.No.214 of 2012 on the file of the II Additional District Judge, Ranga Reddy District at L.B. Nagar, was filed against him by respondent No.4. In the said suit, respondent No.4 claimed the relief of specific performance of agreement of sale dated 18.12.2011 in respect of the suit schedule property consisting of Plot No.1 in M.C.H.No.16-22 in Sy.No.551, admeasuring 260.69 sq. yards situated in Uppal Kalan Village. By judgment dated 07.11.2020, the suit was dismissed on merits. The wife of the petitioner 1 1969 (2) MLJ 1 2 BVR,J W.P.No.35839_2022 lodged a report on 03.09.2022 alleging that respondent No.4 criminally trespassed into their property and abused her and her husband (petitioner) in filthy language and physically hurt them, based on which First Information Report No.888 of 2022 was registered with Uppal Police Station, Rachakonda, for the offences under Sections 447, 427, 323, 509, 354 and 201 read with 34 IPC.
3. Learned counsel for the petitioner submitted that the respondent police are duty bound to provide adequate protection and deploy police personnel to restrain land grabbers from illegally trespassing into the petitioner's land.
4. On the other hand, learned counsel for respondent No.4 submitted that challenging the judgment passed in O.S.No.214 of 2012, respondent No.4 filed an appeal in A.S.No.63 of 2021, wherein an interim order was passed by this Court restraining the petitioner herein from alienating the subject property pending disposal of the appeal.
5. Learned counsel for the petitioner submited that interim order was passed for a limited period and the same is not extended.
6. However, the same is disputed by the learned counsel for respondent No.4 contending that interim order is subsisting. 3
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7. In the opinion of this Court, the petitioner has not made out any exceptional case for granting police protection or for deploying the police personnel to restrain the alleged trespass into his land. On the complaint made by the petitioner's wife, Crime No.888 of 2022 of Uppal Police Station, Rachakonda, was registered. Investigation is underway. Mere dismissal of the suit in O.S.No.214 of 2012 filed for specific performance cannot be a ground for the petitioner to approach this Court seeking police protection. The disputes regarding title and possession need to be adjudicated before a competent civil court. It is claimed by respondent No.4 that pursuant to agreement of sale dated 18.12.2011, he was inducted into possession of the subject property. As of now, the suit filed by respondent No.4 is dismissed. There is no interim order protecting the possession of respondent No.4. However, as it appears there are serious disputes regarding possession over the subject property, the petitioner should have taken appropriate steps to file a suit for injunction and sought for temporary injunction pending disposal of the suit. Instead of doing so, the petitioner has approached this Court. The police have registered FIR No.888 of 2022 and investigation is under progress. In such circumstances, it is not appropriate for this Court to invoke its extraordinary jurisdiction under Article 226 of the Constitution of India and direct police protection to be 4 BVR,J W.P.No.35839_2022 given to the petitioner. The disputed questions of title and possession have to be adjudicated before the civil court and it is for the civil court to pass order of granting interim/temporary injunction and thereafter order granting necessary police aid by invoking Order XXXIX Rule 2A of CPC and Section 151 CPC. Without resorting to alternative remedy of approaching the civil court by way of suit, the petitioner has directly come to this Court.
8. In view of the above, without expressing any opinion on merits, the writ petition is disposed of giving liberty to the petitioner to approach the competent civil court by filing a suit and he may also seek temporary injunction orders pending disposal of the suit. It is made clear the investigation in FIR.No.888 of 2022 of Uppal Police Station shall be conducted without being influenced by any of the observations made in this order. No order as to costs.
As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed.
____________________ B. VIJAYSEN REDDY, J Date: 22.11.2022 Vv