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,
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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
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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.
sj
