THE HON'BLE SRI JUSTICE T. VINOD KUMAR
Writ Petition No.35497 of 2022
ORDER:
This Writ Petition is filed seeking a Writ of Mandamus to declare the action of the respondents No.1 & 2 in not preventing respondents 3 to 5 from interfering with the petitioners' peaceful possession and enjoyment of plot No.39 in Sy.No.78 of Madhapur Village, Serilingampally Mandal, Rangareddy District for effective implementation of the interim order dt.27.11.2012 in IA.No.1470 of 2012 in OS.No.1526 of 2012 on the file of the VIII Additional Senior Civil Judge, Rangareddy District (presently renumbered as OS.No.780/2021 on the file of the Additional Senior Civil Judge, Kukatpally, Rangareddy District) as being illegal, arbitrary and in violation of Article 14 of the Constitution of India.
2. Heard counsel for the petitioners, learned Government Pleader for Home appearing for respondents 1 & 2 and with their consent, the Writ Petition is taken up for hearing and disposal at the stage of admission.
3. Petitioners contend that the father of the 1st and 2nd petitioners had purchased the subject property under a registered document bearing No.1738/2012, dt.13.02.2012 from one S.Gangadhar Reddy, and are in possession of the same; that when the unofficial respondent No.3 sought to interfere with the possession of the petitioners' father on the said plot, he had filed suit being OS.No.1526 of 2012 seeking Perpetual Injunction and also obtained a temporary injunction under 2 Order XXXIX Rules 1 & 2 of CPC vide order, dt.27.11.2012, in IA.No.1470 of 2012; that the said injunction order was passed by the Court below after hearing the parties and is subsisting as on date.
4. Petitioners further contend that during the subsistence of the injunction order, when the unofficial respondents tried to interfere with the peaceful possession and enjoyment of the petitioners of the subject property, they approached the respondents-authorities for enforcement of the injunction order, but they are not taking steps for implementation of the said injunction order granted in their favour.
5. Learned Government Pleader, on the other hand, on instructions submits that petitioners did not approach the respondents as being claimed by them and that no complaint, which is stated to have been made by them on 21.08.2022 is received by the respondents- authorities, and that since the dispute between the petitioners and unofficial respondents is civil in nature and the petitioners having obtained an injunction order by approaching the competent Civil Court, proper course for the petitioners would be to approach the concerned Civil Court to obtain an order of police protection. He also placed reliance on the judgment of the Division Bench of this Court in Butti Devendramma vs State Of Telangana1 and sought to direct the petitioners to approach the concerned Civil Court under Order XXXIX 1 Order dt. 07.06.2022 in WA.No.355 of 2022 3 Rule 2A CPC, which had granted injunction as the said Court would have complete view of the subject matter.
5. Learned Government Pleader would further submit that if the petitioners approach the concerned Civil Court and obtains an order of police protection, respondent-authorities would comply with the said orders and in the absence of any such direction, the respondents authorities cannot interfere in civil disputes between the petitioners and the unofficial respondents.
6. Having regard to the submissions as made above, liberty is granted to the petitioners to approach the competent Civil Court where OS.No.780/2021 filed by the father of the 1st and 2nd petitioners (OS.No. 1526 of 2012 (old)) is pending, by filing an application seeking police aid/protection.
7. Subject to the above observations, the Writ Petition is disposed of. No order as to costs.
8. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
_____________________ T. VINOD KUMAR, J 14th September, 2022 gra 4 THE HON'BLE SRI JUSTICE T. VINOD KUMAR Writ Petition No. 35497 of 2022 Dt.14.09.2022 gra