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High Court for State of TelanganaWP/33696/2012dismissed no costs

Shree Nampally Baba Seva Samithi, v. The Commissioner,

2015-07-02Sanjay Kumar2 pages

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.33696 OF 2012 DATED: 02.07.2015 Between:

Shree Nampally Baba Seva Samithi Rep. by its Founder Trustee Thummala Ajaya Babu .. Petitioner And The Commissioner, Endowments Department, Government of A.P., and others.

.. Respondents THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.33696 of 2012 ORDER:

This writ petition was filed by Sri Nampally Baba Seva Samithi, Miyapur, Hyderabad, assailing the action of the police authorities in not protecting it from anti-social elements at the instance of the 6th respondent herein.

The Inspector of Police, Miyapur Police Station, Cyberabad Commissionerate, filed a counter-affidavit stating that the dispute between the petitioner and the 6th respondent was purely civil in nature and therefore the police authorities had no role to play therein. He further stated no communication had been received from the endowments department to provide any protection to the petitioner Samithi. He also denied the allegation of the petitioner that under the influence of the 6th respondent, the police authorities were not taking action. Though this counter-affidavit was filed as long back as on 28.11.2012, no reply-affidavit was filed by the petitioner Samithi rebutting the averments made therein.

In the absence of a direction from the competent court or authority as regards providing protection, the police authorities are not

under a duty to do so at mere request. That being so, this Court finds no reason to interfere in the matter as no lawful right is shown by the petitioner Samithi for seeking police protection. The writ petition is accordingly dismissed.

Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

____________________ JUSTICE SANJAY KUMAR 2nd July, 2015 IBL