Muktha Anjaiah vs Padmavathi Land Developers And ...
2022 Latest Caselaw 1315 Tel

THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                  AND
    THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI



                 WRIT APPEAL No.453 of 2019

JUDGMENT:    (Per the Hon'ble the Chief Justice Satish Chandra Sharma)


     The present writ appeal is arising out of an order

dated 24.04.2019 passed by the learned Single Judge in

W.P.No.5674 2019.

     The contention of the appellants is that the writ

petition   was    preferred      by    the     respondent         No.1/writ

petitioner before this Court under Article 226 of the

Constitution of India for issuance of a direction to the State

Police to provide police protection to the respondent

No.1/writ petitioner in respect of the peaceful possession of

the land admeasuring Acs.9.33 guntas in Survey Nos.207

to 213 of Karmanghat Village, Saroornagar Mandal, Ranga

Reddy District. It has been stated that without impleading

the present appellants, the writ petition was preferred and

the learned Single Judge has passed an order directing the

police authorities to provide police protection to the

respondent No.1/writ petitioner for peaceful possession

and enjoyment of the subject land on the ground that in a

civil suit i.e., O.S.No.762 of 2018, there is already an

interim order of injunction and also for police protection.

Learned counsel for the appellants has argued before

this Court that without impleading the present appellants,

who are necessary parties to the lis, such an order has

been passed by the learned Single Judge directing police

protection and now the police authorities are interfering

with the peaceful possession of the appellants.

This Court, after verifying the record of the case, is of

the opinion that the present writ appeal deserves to be

allowed, as the appellants were not parties to the writ

petition.

The writ appeal is accordingly allowed and the order

passed by the learned Single Judge is hereby set aside and

a liberty is granted to the appellants to file an application

for impleadment before the trial Court. It is made clear

that this Court has not touched upon the order of

injunction passed by the trial Court in the matter of grant

of police protection. The appellants shall be free to raise all

the possible grounds before the trial Court. A liberty is

also granted to the respondents No.7

to 9 to file an application for impleadment in the pending

civil suit.

The miscellaneous applications pending, if any, shall

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

______________________________________ SATISH CHANDRA SHARMA, CJ

______________________________________ ABHINAND KUMAR SHAVILI, J

21.03.2022 vs