High Court for State of TelanganaTRCMP/414/2016allowed no costs

Patru Jeeva Ratnam v. Bogga Nivali Somaiah And 6 Others

2018-04-16A.Shankar Narayana2 pages

HON'BLE SRI JUSTICE A. SHANKAR NARAYANA Tr.C.M.P.No.414 OF 2016 ORDER:

The present transfer petition, under Section 24 of the Code of Civil Procedure, 1908, is filed seeking to withdraw O.S.No.241 of 2013 from the file of Sub-Divisional Magistrate, Bhadrachalam, Telangana State, and transfer the same to the file of Sub-Divisional Magistrate, Rampachodavaram, East Godavari District, Andhra Pradesh State.

2. Heard Sri Srinivas Bodduluri, learned counsel for the petitioner.

3. Service on respondent Nos.2 to 6 is completed, but none appears for them. Though, service on respondent No.7 is yet to be done, but, there appears to be no merit in the present transfer petition.

4. Paragraph No.6, on which the learned counsel for petitioner is resting for grant of relief prayed for in the present transfer petition, reads thus:

"I submit that as per the Andhra Pradesh Agency Rules, 1924, it is for the Government of Telangana State to take action for the transfer of the cases to Andhra Pradesh State but no such action is being taken. Now there is urgency in the matter as the respondents are hell but on violating the injunction and I need police protection. The only option available to me is to file an application for transfer before this Hon'ble Court. I could not wait any further, as the respondents 1 to 6 are

continually making attempts to occupy my land by violating the injunction."

5. Absolutely, there is no ground to accede to the request of the petitioner. The grievance of the petitioner is that the application filed by him for police protection was not disposed of by the concerned authority. However, a direction can be given to the concerned authority to dispose of the said application. That would suffice to redress the grievance of the petitioner.

6. Accordingly, the present transfer petition is disposed of directing the concerned authority to dispose of the application filed by the petitioner for police protection, in accordance with law, within a period of six (6) months from the date of receipt of a copy of this order.

Miscellaneous Petitions, if any, pending in this transfer petition shall stand closed. There shall be no order as to costs. ___________________________ A. SHANKAR NARAYANA, J April 16, 2018.