High CourtsSingle Bench(2021) 08 TEL CK 0073

Jangam Narayana And 5 Others vs State Of Telangana And 14 Others

Telangana High Court · Decided on 27 August 2021

HON’BLE JUDGES
Abhinand Kumar Shavili, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 20215 Of 2021

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Judgment

10 paragraphs · 622 words
1.

This Writ Petition is being disposed of at the admission stage with the consent of both the parties.

2.

This Writ Petition is filed for the following substantive relief:

"...to issue an appropriate writ order or direction more particularly one in the nature of Writ of Mandamus declaring the in action of the Respondents in Interfering/Surveying the lands of the Petitioners to an extent of Ac.02-00 Guntas in Sy.No.227 and to an extent of Ac.04-29 Guntas in Sy.No.234 situated at Kondapeta Village, Itikyala Mandal, Jogulamba Gadwal District, (old Mahabub Nagar District) though there is an Injunction Orders dated 13.04.2018 in IA.No.254/2017 in OS.No.110/2017 and Police Aid Orders dated 06.11.2020 in I.A.No.57/2020 in OS.No.110/2017 on the file of Learned Senior Civil Judge at Gadwal as bad in law and violative of Principals of natural justice and Consequently to direct the Respondents No 1 to 4 to implement the Orders dated 06.11.2020 in IA.No.57/2020 in OS.No.110/2017 on the file of Learned Senior Civil Judge at Gadwal at the Petitioners to enjoy the aforesaid lands."

3.

Heard Sri Gone Ramesh, learned counsel for the petitioners and the learned Government Pleader for Home appearing for respondents.

4.

It has been contended by the petitioners that they are the owners of agricultural land and there were certain disputes between them and the unofficial respondents and the petitioners have filed O.S.No110 of 2017 on the file of Senior Civil Judge, Gadwal and the said Court was pleased to grant injunction in favour of the petitioner on 13.4.2018 in I.A.No.254 of 2017 in O.S.No.110 of 2017 and that in spite of the said injunction orders, the unofficial respondents are trying to interfere with the peaceful possession of the petitioners. In those set of circumstances, the petitioner have filed I.A.No.403 of 2018 in O.S.No.110 of 2017 seeking police protection and the Court below was pleased to grant interim directions on 03.1.2018 directing respondent No.4 to provide police protection, but the respondents are not providing the police protection. Challenging the same, the present writ petition is filed.

5.

Learned counsel for the petitioners contended that the Court below was pleased to provide police protection in favour of the petitioners, but the respondents are not providing the police protection and therefore, he contended that appropriate orders be passed in the Writ Petition directing the respondents to provide police protection to the petitioners in compliance of the order dated 3.10.2018 passed by the learned Senior Civil Judge, Gadwal in O.S.No110 of 2017.

6.

Learned Government Pleader for Home appearing for respondents contended that the respondents would provide police protection to the petitioners, provided they submit a fresh representation to respondent No.4 seeking police protection within two weeks from the date of receipt of a copy of this order fixing the  date and time for providing police protection and upon such a representation being received, respondent No.4 shall consider the same and provide police protection to the petitioners in accordance with the orders passed by the Court below.

7.

This Court, having regard to the rival submissions made by learned counsel for both the parties, is of the considered view that this writ petition can be disposed of directing the petitioners to submit a fresh representation to respondent No.4 seeking police protection within two weeks from the date of receipt of a copy of this order fixing the date and time for providing police protection and upon such a representation being received, respondent No.4 shall consider the same and provide police protection to the petitioners in accordance with the orders passed by the Court below.

8.

With the above observations and directions, the writ petition is disposed of. No costs.

9.

As a sequel, the miscellaneous petitions pending, if any, shall stand closed.