Baganna Raju Yellaiah vs The State Of Telangana
2023 Latest Caselaw 3490 Tel

     THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY

             WRIT PETITION NO.14905 of 2023

ORDER:

This writ petition is filed seeking the following relief:

"......to issue an appropriate writ, order or direction particularly one in the nature of for the reasons stated in the accompanying affidavit it is Writ of Mandamus declaring the action of the respondents in not providing police protection pursuant to the Injunction Decree in O S No. 139 of 2019 on the file of the Principal Junior Civil Judge at Siddipet is arbitrary and illegal and consequently issue a direction to the respondents to provide police protection forthwith in order to save the life and property of the petitioner ......"

2. The petitioner claims to be the owner and possessor

of lands admeasuring Ac.0-20 gts., in Sy. No. 49, Ac.1-29

½ gts., in Sy. No. 48/1 and Ac.1-33 gts., in Sy.No.38

situated at Narayanaraopet Village, Siddipet Mandal and

District. It is the case of the petitioner that respondent

Nos.4 and 5 have created Registered Gift Settlement Deed

vide document No.621 of 2018, dated 06.03.2018 and

basing on the same, respondent Nos.4 and 5 started

disputing the right and title of the petitioner over the

subject lands of the petitioner, which constrained him to

file a suit vide O.S.No.139 of 2019 on the file of the Junior

Civil Judge, Siddipet and the said Court decreed the suit ::2::

on 31.12.2020 cancelling the Registered Gift Deed and also

restrained respondent Nos.4 and 5 from interfering into the

suit schedule property.

3. The grievance of the petitioner is that even after

passing decree and judgment in O.S.No.139 of 2019, when

respondent Nos.4 and 5 interfered with his possession, he

made a representation to the respondents-police seeking

police aid, but, no action has been taken by the

respondents-police, which constrained him to file this writ

petition.

4. Learned counsel appearing for respondent Nos.4 and

5 submitted that the petitioner has obtained ex-parte

decree on 31.12.2020 in O.S.No.139 of 2019. Knowing the

said fact about the ex-parte decree, respondent Nos.4 and 5

filed I.A.No.281 of 2021 and 2892 of 2022 in O.S.No.139 of

2019 seeking to set aside the ex-parte decree granted in

O.S.No.139 of 2019. After considering the reasons

mentioned therein, the said judgment was set aside by

allowing I.A.No.281 of 2021 and 2892 of 2022 on

18.07.2023. In view of setting aside the ex-parte decree, ::3::

there is no injunction in favour of the petitioner for

granting any police protection.

5. In view of the said submission, this writ petition is

closed, as no further orders are required to be passed in

this writ petition. No order as to costs.

6. Miscellaneous petitions, if any pending in this writ

petition shall stand dismissed.

___________________________ C.V. BHASKAR REDDY, J

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Date: 01.11.2023 sus