Telangana High Court
Talluri Padmavathi vs The Station House Officer on 14 September, 2022
Bench: T.Vinod Kumar
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
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
Order dt. 07.06.2022 in WA.No.355 of 2022
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
THE HON'BLE SRI JUSTICE T. VINOD KUMAR
Writ Petition No. 35497 of 2022
Dt.14.09.2022
gra
