Telangana High Court
Jangili Yadagiri vs The State Of Telangana And Another on 8 August, 2022
Bench: Lalitha Kanneganti
HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION No.12428 of 2021
O R D E R:
This writ petition is filed questioning the action of respondent
No.2 in not providing police aid for implementing the injunction order
passed by the learned Junior Civil Judge at Thungathurthy vide order
dated 01-10-2020 in I.A.No.198 of 2020 in O.S.No.109 of 2020 upon
the petitioner's representation dated 24-04-2021 at about 7.12 AM to
the mobile of respondent No.2 bearing No.8555954661 from the
petitioner Mobile No.9866023898 received by respondent No.2 as
illegal and arbitrary.
2. Learned counsel for the petitioner Mr. J. Raghuram submits
that the petitioner has filed O.S.No.109 of 2022 on the file of Junior
Civil Judge at Thungathurthy, and obtained an injunction order against
the official respondent Nos.3 to 7 herein on 01-10-2020. He submits
that on 08-12-2021, the Court below has passed an ex parte judgment
and decree. Learned counsel submits that even thereafter, there is
interference by the unofficial respondents and then the petitioner has
made an application to the police seeking police protection and in spite
of the same, the police failed to provide police protection. He submits
that basing on the complaint of the petitioner, several cases were
registered against the unofficial respondents, but the unofficial
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W.P.No.12428 of 2021
respondents have continued to indulge in the illegal activities and also
threatened to kill the petitioner. He submits that in the earlier round of
litigation also, the respondent police have accepted that they are ready
to provide police protection.
3. Learned counsel appearing on behalf of the unofficial
respondents/implead petitioners Mr. K. Durga Prasad, submits that the
petitioner has accepted his possession over the subject land, however
having filed a suit and basing on an ex parte decree, he is seeking
police protection. He submits that in fact, the unofficial respondents
are taking steps to file an application to set aside the ex parte decree
and at this juncture, if the police protection is granted to petitioner, it
would cause irreparable loss and damage to the unofficial respondents.
4. In response to the same, learned counsel for the petitioner
submits that the said petition filed by the unofficial respondents was
returned and in fact, the unofficial respondents herein have also filed a
suit for declaration. As far as granting police protection against an
ex parte decree and judgment is concerned, this Court is not inclined to
pass any order as even in the ex parte judgment, the Court below
without considering any reasons has passed the said judgment as the
defendant was not present and decreed the suit. As far as the second
issue with regard to the threat to the petitioner's life is concerned, it is
always open to the petitioner to make appropriate application under
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W.P.No.12428 of 2021
G.O.Ms.No.655 dated 30-03-1997 and on receipt of such application,
the respondent police shall consider the same in accordance with law.
5. Accordingly, the Writ Petition is disposed of. No order as to
costs.
6. Miscellaneous petitions, if any pending in this writ petition, shall
stand dismissed.
_______________________
LALITHA KANNEGANTI, J
8th August, 2022
sj
Note:
Issue CC in two days.
