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Judgment
This Writ Petition is filed seeking the following relief:
"...to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the inaction of Respondent Nos.3 to 5 in not providing the protection to the petitioner and petitioner family from threat from the unofficial Respondent No.6 and his entire family members is illegal, arbitrary, unconstitutional and against the violative of Articles 14 and 21 of the Constitution of India and also against the principle of natural justice and consequently direct the Respondent Nos.3 to 5 to provide the personal protection to the petitioner and his family in the interest of justice and to pass..."
2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Home, appearing for the respondents 1 to 5.
3. The learned counsel for the petitioner has drawn the attention of this Court to the complaint dated 09.07.2026 given to respondent No.5 and submitted that no action has been taken thereon. The grievance of the petitioner is that, due to non-action on the said complaint, the unofficial respondent is not permitting the petitioner to enter his own land and carry out agricultural operations.
The learned Assistant Government Pleader for Home, on written instructions, submitted that on receipt of the complaint from the petitioner, an enquiry was conducted and the police have visited the subject land and examined the petitioner and two independent witnesses. It is submitted that the enquiry did not disclose the commission of any cognizable offence warranting registration of a criminal case. Therefore, the complaint was closed as a civil dispute on 17.07.2026. It is further submitted that the petitioner, in his complaint, did not request the police to provide police protection and that, if the petitioner produces any order of the Court seeking police protection, the same will be considered in accordance with law.
The learned counsel for the petitioner, however, has drawn the attention of this Court to the order dated 03.11.2023 passed by this Court in Writ Petition No.15563 of 2023, wherein this Court observed that there existed a donka passage in the subject land for the last 20 years between the land of the petitioner and respondent No.5 therein. The interim order of status quo dated 21.06.2023 was vacated and it was made clear that neither the petitioner nor respondent No.5 therein have exclusive rights for use and enjoyment of the donka passage as pointed out in the memo dated 14.03.2023, which was the subject matter of challenge in the said writ petition.
The learned counsel for the petitioner further submitted that, despite the said direction of this Court that both the parties have rights over the said passage, the unofficial respondent has taken the law into his own hands and damaged the pathway, thereby causing serious threat to the life of the petitioner and his family members.
However, this Court finds that since the complaint did not disclose any threat to the life of the petitioner, the police appear to have closed the complaint as civil in nature.
At this juncture, the learned counsel for the petitioner submitted that a detailed complaint would be given by the petitioner and the respondent police may be directed to consider the same, particularly in the light of the order of this Court in W.P.No.15563 of 2023.
The learned Assistant Government Pleader for Home is also heard. It is submitted that, if there is any order of the Court for police protection, the same would be provided.
In view of the above, this Writ Petition is disposed of, granting liberty to the petitioner to submit a detailed representation to the respondent authorities. The respondent authorities shall consider the same in accordance with law and take all appropriate steps expeditiously for safeguarding the life and liberty of the petitioner and his family members. There shall be no order as to costs.
Miscellaneous applications, if any, pending shall stand closed.