V. Varaprasada Raju And Another v. The State Of Telangana And 4 Others
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SECOND DAY OF IVARCH TWO THOUSAND AND TWENTY TWO PRESENT THE HON,BLE DT. JUSTICE SHAMEEM AKTHER WRIT PETITION NO: 15630 OF 2021 Between:
'1 . V. Varaprasada Ra.ju, S/o. V. Narsa Raju, Aged 57 years, Occ: Business, R/o. Plot No.1, Dyanish Lake Front Apartment, Block No-1, Ir,4anjeera Road, [\/adeenaguda, Chanda Nagar, Ranga Reddy District.
2. lt4r. Devi Reddy Jagan Mohan Reddy, S/o. D. Govind Reddy, Aged 49 years, Occ: Business, Rio. FIat No.402, Sri Laxmi Tower, Annapurna Enclave, Chanda Nagar, Ranga Reddy District.
...PETITIONERS AND The State of Telangana, Represented by its Principle Secretary, Home Department, Secretariat Buildings, Hyderabad. The Deputy Commissioner of Police, North Zone, Hyderabad.
3. The Station House Officer, Tukaram Police Station, Secunderabad, Hyderabad.
4. The Tahsildhar, Marrepally IVlandal, Secunderabad.
5. Sri. M. Sreenivas Goud, S/o. It/. Sidda Goud, Aged 47 years, Occ: Business, R/o. Flat No. 301, Sai Krupa Apartments, East [,4arredpally, Secunderabad. ...RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of l\,4andamus, declaring of the respondents Nos. 2 and 3 in not providing the police protection in terms of order, dated 81512015 made in lA No. 161 of 2015 in OS No. 164 ol 2015 on the file of the Court of the Honourable Xl Junior Civil Judge, City Civil Court at Secunderabad as being illegal and arbitrary apart from violative of Articles 14, 19,21 and 300-A of the Constitution of lndia and consequently to direct the 2nd and 3rd respondents to grant police aid to the
Petitioners for protecting the possession and enjoyment over the land measuring 900 Sq.Yards in sy. No. 74110 of East Marredpally by implementing the orders of court made in lA No. 13012015 in os No. 164/2015, dated 41512015 in the interest of justice.
IA NO:1 OF 2021 Petition under section 151 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondent No.4 to desist from interfering with the peaceful possession and enjoyment of the land admeasuring an extent of 900 Sq. yards forming part and parcel of property admeasuring Ac.9.20 guntas belonging to the Petitioners situated in survey No.74l10 East Marredpally, Secunderabad in the interest of justice, pending disposal of the above Writ Petition, lA NO: 2 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents Nos.2 and 3 to grant Police Aid to the Petitioners in terms of order, dated 8t512015 by implementing the orders made in lA No. 13012015 in OS No. 16412015, daled 41512015 in the interest of justice, pending disposal of the above Writ Petition.
Counsel for the Petitioners: SRl. P. SHASHI KIRAN Counsel for the Respondent Nos. 1 to 3: GP FOR HOME Counsel for the Respondent No. 4: GP FOR REVENUE Counsel for the Respondent No. 5: NONE APPEARED The Court made the following: ORDER
THE HON'BLE DT. JUSTICE SHAMEEM AKTHER WRIT PETITION No.15630 of 2021
ORDER
The petitioners herein seek a writ of Mandamus declaring the action of the respondent Nos.2 and 3 in not providing police protection in terms oF the order, dated 08.05.2015 made in I"A.No.16i of 2015 in O.S.No.164 of 2015 on the file of XI Junior Civil Judge, City Civil Court, Secunderabad, as illegal, arbitrary and consequently direct the respondent Nos.2 and 3 to grant police aid to the petitioners for protecting the possession and enjoyment over the subject land admeasuring 900 square yards in Sy.No.74l10 situated at East Marredpally, Secunderabad.
2.
Heard the learned counsel for the petitioners, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 3, learned Government Pleader for Revenue appearing for respondent No.4 and perused the record.
3.
Learned counsel or the petitioners would contend that the petitioners obtained a police protection order vide order dated 08.05.20f5 made in I.A.No.161 of 2015 in O.S.No.164 of 2015 on the file of XI lunior Civil Judge, City Civil Court, Secunderabad, for protection of the subject property. In spite of the same, there is
Dr.Si\. J \\'l' No.l56:10 201 I interference into the subject property by the unofficial respondent No.5 and ultimately sought a direction to the respondent Nos.l to 3 to protect the possession of the petitioners over the subject property. 4.
A perusal of the order, dated 08.05.2015, made in 1.A.N0.161 of 2015 in O.S.No.764 of 2015 on the file of XI Junior Civil Judge, City Civil Court, Secunderabad, reveals that the respondent No.4 herein/Tahsildar, Marredpally Mandal, Secunderabad, was not made a party respondent to the said suit. The learned Government pleader for Revenue would submit that Sy.No.74/10 of East Marredpally Village, Secunderabad, does not exist at all in the revenue records. He would further contend that the entire land in Sy.No.74 of East Marredpally Village, Secunderabad, is Government land and the Government is in ownership and possession of the said land and no part of land in the Sy.No.74 of East Marredpally Village, Secunderabad, was allotted to the petitioner or to his family members.
5.
The petitioners are claiming land in Sy.No.74l10 of East Marredpally Village, Secunderabad, under an unregistered sale deed, dated 16.05.1994, validated by the District Registrar. Admittedty, in the subject police protection order, dated 08.05.2015, respondent No.4 herein/Tahsildar is not a party respondent. Admittedly, respondent No.4/Tahsildar is not a party to the subject suit in
Dr.SA. J wP No.l56-'10/2021 O.S.No.161 of 2015, so also to I.A.No.161 of 2015 in the said suit. It is submitted by the learned Government pleader for Revenue that the ad-interim injunction order, dated 04.05.201S, passed in the subject suit in O.S.No.164 of 2015 was obtained by the petitioners in collusion with respondent No.5 herein. It appears that the petitioners did not approach this Court in all fairness and there is suppression of material facts. Further, factual aspects have come up for adjudication in this writ petition. It is setfled legal position that where disputed questions of fact are involved, a petition under Article 226 of the Constitution of India is not a proper remedy. Under these circumstances, the petitioners are not entitled for the relief sought in this writ petition. The writ petition is devoid of merit and is liable to be dismissed.
6.
Accordingly, this writ petition is dismissed. No costs. Miscellaneous petitions, if any, pending in this writ petition, shail stand closed.
SD/-K.SAILESHI ASSISTANT REGISTRAR //TRUE COPYII SECTION OFFICER To,
1. One CC to SRt p. SHASHT KIRAN, Advocate. tOpUCl
2. fwo CCs to Gp FOR HOME, High Court for thL-State of Tetangana at Hyderabad. [OUT]
3. Two CCs to Gp FOR REVENUE, High Court forthe State of Telangana at Hyderabad. [OUT]
4. Two CD Copies
5. One Spare Copy TR \x-
HIGH COURT DATED:0210312022 o 1HE Sr4 14:
(r, k o, Jo 01 APR 2022 {,' , i )..
\,,'\l
ORDER
WP.No.15630 of 2021 DISMISSING THE WRIT PETITION WITHOUT COSTS