High Court for State of TelanganaWP/41372/2016disposed of no costs

Ashraf Bee v. The State Of Telangana

2016-11-30Raja Elango2 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.41372 of 2016 ORDER:

This writ petition under Article 226 of Constitution of India is filed seeking to declare the action of respondents 2 & 3 in not taking any action considering the complaint filed by the petitioner, dated 17.10.2016, for providing police protection to the petitioner for effective implementation of the injunction order, dated 26.10.2015, in I.A.No.183 of 2009 in O.S.No.78 of 2009, passed by the Junior Civil Judge, Manthani, Karimnagar District. Heard and perused the material available on record. The case of the petitioner is that the petitioner is the absolute owner and possessor of agricultural land to an extent of Ac. 17.21 guntas in Survey Nos.121=Mg and Ac. 7.21 guntas in Survey No.142=Mg, situated at Bayyaram Revenue of Kataram Mandal and that the defendants in O.S.No.

78 of 2009 are constantly interfering with the petitioner's peaceful possession and damaged part of petitioner's cotton crop worth of Rs.25,000/- on 14.10.2016 at 11.00 a.m. and that the petitioner has also obtained interim injunction in I.A.No.183 of 2009 in O.S.No.78 of 2009, dated 26.10.2015, on the file of the Junior Civil Judge, Manthani, Karimnagar, but the defendants again started interfering with the possession and enjoyment of the subject land of the petitioner. The main grievance of the petitioner is that the petitioner made a representation, dated 17.10.2016, to grant police protection to the petitioner to protect his property and life and liberty to respondents 2 & 3, but respondents 2 & 3 have not taken any action against the trespassers.

Considering the grievance of the petitioner, respondents 2 & 3 are directed to consider the representation, dated 17.10.2016, of the petitioner and it is left open to respondents 2 & 3 to give police protection to the petitioner in respect of his subject property, if there is any necessity.

Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

___________________ RAJA ELANGO,J Date: 30th November, 2016 KL