Voorugonda Shanker vs The State Of Telangana
2023 Latest Caselaw 804 Tel

        THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY

               WRIT PETITION No.1983 of 2023
ORDER:

The writ petition is filed to declare the action of the

respondent No.5 in not considering the representation of the

petitioner dated 28.11.2022 for providing police protection to the

petitioner in respect of his land admeasuring 1452 sq. yards in

Sy.No.573/B, an extent of 1210 sq. yards in Sy.No.568/D and an

extent of 124 sq. yards in Sy.No.574/D, totalling an extent of

2786 sq. yards, situated in one Compact Block in Urus Village,

Warangal Mandal and District, as illegal and arbitrary.

2. Learned counsel for the petitioner submitted that a decree of

perpetual injunction was passed in favour of the petitioner vide

judgment dated 28.07.2015 in O.S.No.336 of 2014 on the file of

the V Additional Junior Civil Judge, Warangal. EP.No.449 of 2022 in

O.S.No.336 of 2014 was filed to enforce the decree and the same is

pending. Even after the decree, the unofficial respondents are

interfering with the possession of the petitioner in respect of the

subject property, as such representation dated 28.11.2022 was

submitted by the petitioner seeking police protection.

3. Learned counsel for the respondents No.6 to 8 submitted that

the decree passed in O.S.No.336 of 2014 dated 28.07.2015 is an

ex parte decree. An application in IA.No.546 of 2016 was filed

under Order IX Rule 13 of the Civil Procedure Code, 1908,

for setting aside the ex parte decree and the same is pending.

He further submitted that the said application is coming up for

hearing on 22.02.2023.

4. In the circumstances, the V Additional Junior Civil Judge,

Warangal, is directed to pass orders in IA.No.546 of 2016 within a

period of four (4) weeks from the date of receipt of a copy of this

order. The petitioner is given liberty to submit a representation to

the police subject to the outcome of IA.No.546 of 2016.

The petitioner is given further liberty to seek modification of this

order for expediting disposal of EP.No.449 of 2022 subject to the

outcome of IA.No.546 of 2016.

With the above directions, the writ petition is disposed of.

The miscellaneous petitions pending, if any, shall stand closed.

There shall be no order as to costs.

____________________ B. VIJAYSEN REDDY, J February 15, 2023 DSK