Shirsu Shivarathri Iddaiah vs The State Of Telangana And 3Others

Citation : 2022 Latest Caselaw 4572 Tel
Judgement Date : 13 September, 2022

Telangana High Court
Shirsu Shivarathri Iddaiah vs The State Of Telangana And 3Others on 13 September, 2022
Bench: Lalitha Kanneganti
     THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI

                           W.P.No.32716 of 2022
ORDER

This writ petition is filed with the following prayer;

"to issue an order or direction more particularly in the nature of Writ of Mandamus directing respondent Nos.2 and 3 to provide Police aid for implementing the perpetual injunction by the Judgment and Decree passed in O.S.No.4/2017 dt.5-06-2018 on the file of Junior Civil Judge at Ramannapet duly considering the petitioners complaint dated 7-08-2022 for protection of agricultural land total extent of Ac.7-00 in Sy.No.92, 94, 97 and 111, situated at Jaikesaram village of Choutuppal Mandal, Yadadri District".

2. Learned counsel for the petitioners Mr. G. Rajesham submits that the petitioners have made a representation to the respondent police on 07-08-2022 seeking police protection and the same was not considered. He submits that the petitioners are absolute owners of the agricultural land to an extent of Ac.7-00 in Sy.Nos.92,94,97 and 111, situated at Jaikesaram Village of Choutuppal Mandal, Yadadri District, having acquired the same through five registered gift settlement deeds in the year 2010 and 2014 and ever since they are in possession of the said property. He submits that when there was interference from the unofficial respondent No.4, the petitioners have filed O.S.No.4 of 2017 on the file of Junior Civil Judge, Ramannapet, and the said suit was decreed on 05-06-2018 and thereafter, there was no interference from the unofficial respondent. He submits that recently, when the unofficial respondent No.4 is trying to interfere with the petitioners' possession, 2 LK, J W.P.No.32716 of 2022 they gave a complaint to the police and also a representation seeking police protection and in spite of the same, the respondent police have failed to provide police protection to the petitioners.

3. Initially, except one defendant, the remaining defendants in the suit were not made parties to the writ petition and thereafter, the petitioners have filed I.A.No.2 of 2022 to implead all the defendants in the suit as parties to the present writ petition and this Court has directed the petitioners to take out personal notice to the said respondents. The petitioner has filed proof of service to show that all the respondents are served. Though notices were served on the respondents, there is no representation on their behalf.

4. Learned Assistant Government Pleader for Home Mr. A. Manoj Kumar, appearing on behalf of respondent Nos.1 to 3, on instructions, submits that basing on the complaint given by the petitioners, the respondent police have registered a case in Cr.No.459 of 2022. He submits that in view of the judgment of the Division Bench of this Court in W.A.No.355 of 2022 dated 07-06-2022, the respondent-police will consider the representation of the petitioners and pass appropriate orders in accordance with law.

5. There is a judgment and decree in favour of the petitioners passed by a competent civil Court and in view of the law laid down by the Division Bench of this Court in W.A.No.355 of 2022 dated 07-06-2022, the respondent police shall consider the 3 LK, J W.P.No.32716 of 2022 representation of the petitioners dated 07-08-2022 and pass appropriate orders in accordance with law within a period of two weeks from the date of receipt of a copy of this order.

6. Accordingly, the Writ Petition is disposed of. No order as to costs.

7. Miscellaneous petitions, if any pending in this writ petition, shall stand closed.

_________________________ SMT LALITHA KANNEGANTI, J 13th September, 2022.

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