Karne Somaiah vs The State Of Telangana
2022 Latest Caselaw 580 Tel

          THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER

                WRIT PETITION No.32468 OF 2021
ORDER:

This Writ Petition, under Article 226 of the Constitution of India,

is filed seeking the following prayer:

"...to call for the records by issuing the Writ Mandamus one in the nature declaring the action of the Respondents Nos. 2 to 4 in not taking action against the said persons, as illegal, arbitrary and against the principals of natural justice while directing the Respondent Nos. 2 to 4 to give protection to the Petitioner's life and property and take necessary action against said persons by considering my representation dated 29.11.2021 and 01.12.2021.."

2. Heard the learned counsel for the petitioner, learned Assistant

Government Pleader for Home, appearing for the respondents and

perused the record.

3. Learned counsel for the petitioner would submit that the

petitioner is the absolute owner and possessor of plot admeasuring

300 square yards in Survey No.486, situated at Vasthakonduru,

Gundala Mandal, Nalgonda District, having obtained the same under

Possession Certificate, dated 10.02.2007 issued by the Tahsildar,

Gundala Mandal. When some third parties, who are the adjacent land

owners, were interfering with the petitioner's peaceful possession and

enjoyment of the same, without having any right, title and interest

over the subject property, the petitioner filed a suit in O.S.No.288 of

2007 on the file of Principal Junior Civil Judge, Bhongir, for perpetual

injunction against the said persons. The said Suit was decreed

granting perpetual injunction in favour of the petitioner vide

Judgment and decree, dated 20.01.2009. In spite of subsistence of

the interim injunction orders, when the adjacent land owners were

interfering with the petitioner's peaceful possession and enjoyment

over the subject property, the petitioner submitted representation,

dated 29.11.2021 and 01.12.2021 to the respondent-police. In spite

of acknowledging the said representations, no action has been taken

so far on the said representations and ultimately, prayed this Court to

issue a direction to the respondent-police to act upon the said

representations, expeditiously.

4. There is no denial by the respondents with regard to

submission of representations dated 29.11.2021 and 01.12.2021 by

the petitioner for grant of police-aid in relation to the subject

property.

5. Under these circumstances, the respondent-police are directed

to examine and dispose of the representations, dated 29.11.2021 and

01.12.2021 submitted by the petitioner for grant of police-aid in

relation to the subject property, in accordance with law.

6. With the above observation/direction, the Writ Petition is

dispose of.

Miscellaneous Petitions, if any, pending in this Writ Petition

shall stand closed. There shall be no order as to costs.

___________________ Dr. SHAMEEM AKTHER, J Date: 11.02.2022 YVL

THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER

WRIT PETITION No.32468 OF 2021

Date:11.02.2022

YVL