Telangana High Court
Md Lateefullah Shareef vs The State Of Telangana on 6 March, 2024
HON'BLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION No.1702 of 2024
ORDER:
This writ petition is filed seeking the following relief:
".......to pass an order direction or a writ particularly
in the nature of Writ of Mandamus declaring that the
inaction on part of the respondent No.3 P.S Masab
Tank in providing necessary help to the petitioner
pursuant to directions of the Learned V Junior Civil
Judge C.C.C Hyderabad in EP.No.120 of 2013 in OS
No.2203 of 2012 dated 8.10.2013 for
implementation of the judgment and decree in OS
No.2203 of 2012 is highly illegal arbitrary and
amounts to dereliction of duties and contemptuous in
nature Consequently this Honourable Court may be
pleased to direct the respondent No.3 P.S Masab
Tank to provide necessary help to the petitioner
pursuant to directions of the Learned V Junior Civil
Judge C.C.C Hyderabad in EP.No.120 of 2013 in
OS.No.2203 of 2012 dated 8.10.2013 for
implementation of the judgment and decree in OS.
No. 2203 of 2012 and pass any other order...."
2. It is the case of the petitioner that in E.P.No.120 of 2023,
the learned V Junior Civil Judge, City Civil Court, Hyderabad,
has granted police aid to the petitioner for implementation of
the judgment and decree in O.S.No.2203 of 2022. It is further
case of the petitioner that even after granting police aid, the
respondents-police are not providing police protection.
3. Sri K.Jamali, learned counsel appearing for respondent
No.4 vehemently contended that for seeking implementation of
the judgment and decree in O.S.No.2203 of 2012 on the file of
learned V Junior Civil Judge, C.C.C. Hyderabad, the petitioner
herein has filed an Execution Petition No.120 of 2013 and
after contest the said E.P was dismissed. Learned counsel
further submits that though the E.P. was dismissed in the year
2014, the petitioner obtained interim orders dated 19.08.2016
in W.P.No.26500 of 2016 whereby this Court directed
respondent No.3 therein to provide police help to the petitioner
for implementation of the judgment and decree passed in
O.S.No.2203 of 2012, dated 11.02.2013 as per orders passed
in E.P.No.120/2013, dated 08.10.2013 passed by learned V
Junior Civil Judge, City Civil Court, Hyderabad. Learned
counsel further submitted that the petitioner had obtained the
said order by misrepresenting the facts before this Court and
prayed to dismiss this writ petition.
4. Sri.Mohammad Adnan learned counsel appearing on
behalf of the petitioner submitted that the petitioner is an
uneducated person and is not aware of the legal consequences
and only on the instructions of the counsel appearing in the
trial Court, presumed that the interim orders granted in
E.P.No.120 of 2013 is a final order.
5. The petitioner also filed an affidavit tendering
unconditional apology by stating that he has no intention to
obtain any relief by misrepresenting the facts and he was
under the bonafide belief that the order passed in the E.P is
final order and it remain in force.
6. In view of the above submissions, this Court accepts the
affidavit of unconditional apology submitted by the petitioner
subject to the petitioner paying costs of Rs.10,000/- (Rupees
Ten Thousand Only) to the respondent No.4. Further, the
petitioner is warned that he should be more careful in future
while filing affidavits before the concerned Courts.
7. Accordingly, the writ petition is dismissed directing the
petitioner to pay costs of Rs.10,000/- (Rupees Ten Thousand
Only) to respondent No.4 within a period of two weeks from the
date of receipt of a copy of this order.
As a sequel, miscellaneous petitions pending, if any,
shall stand closed.
_________________________________
JUSTICE C.V. BHASKAR REDDY
Date: 06.03.2024
dsv/ds
