P.Jagadeeswaraiah S/O Atchaiah v. The Station House Officer

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.16392 of 2013 ORDER:

This writ petition is filed seeking to declare the action of the respondent in not providing the police protection to protect the petitioner's lawful possession and enjoyment of the land, as illegal and arbitrary.

Heard and perused the material available on record. The case of the petitioner is that the petitioner and his wife are the absolute owners and possessors of the land in an extent of Ac. 04.00 guntas in Survey No.462/A1 and an extent of Ac.02.38 guntas in Survey No.462/A2 of Kalwarala Village, Pangal Mandal, Mahaboobnagar District respectively, purchased the same from one M.Krishna Reddy under a registered Sale Deed bearing Document No.1055 and 1056, dated 01.08.2000. It is the further case of the petitioner that the brothers of the vendor of the petitioner, without having any manner of right threatening the petitioner not to cultivate the lands in question saying that the lands are never given to the share of M. Krishna Reddy. The petitioner has filed a suit for perpetual injunction along with I.A. for interim injunction.

The learned Junior Civil Judge, Kollapur, granted ad-interim injunction in favour of the petitioner vide order, dated 11.07.2011, in I.A.No.212 of 2012 in O.S.No.91 of 2011. In spite of the same, the brothers of the vendor of the petitioner are coming in the way of the petitioner and obstructing to cultivate the said lands. Aggrieved by the same, the petitioner approached the 1st respondent police and requested to provide police protection.

Learned counsel for the petitioner submitted that though the petitioner has obtained an ad-interim injunction in his favour, but the

brothers of the vendor of the petitioner are harassing the petitioner and obstructing him to cultivate the said lands.

Considering the facts and circumstances of the case and the submission of the learned counsel for the petitioner, the writ petition is disposed of with the following direction:

The petitioner is directed to submit a representation to the 1st respondent seeking police protection and on receiving the said representation, the 1st respondent is directed to consider the said representation submitted by the petitioner and it is left open to the 1st respondent 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. No costs. Pending Miscellaneous Petitions, if any, shall stand closed. ___________________ RAJA ELANGO,J Date: 7th November, 2016 KL