High Court for State of TelanganaWP/9935/2011disposed of no costs

Smt. N. Bharathi v. The Superintendent Of Police

2016-03-14A Ramalingeswara Rao2 pages

HONOURABLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.9935 of 2011 ORDER:

1. The petitioner states that she was granted a house site patta in plot No.8 measuring to an extent of 38 x 30 feet in Kotnuru village within Hindupur municipal limits by the Mandal Revenue Officer, Hindupur, on 09.10.1992. Since the date of assignment, she continued to be in possession of the property. When she wanted to lay a foundation for construction of a house in the said site, the 4th respondent tried to interfere with the same. In those circumstances, she filed O.S.No.58 of 2003 before the Junior Civil Judge, Hindupur, who granted temporary injunction in I.A.No.288 of 2003 and a direction was also given to the Station House Officer, I Town Police Station, Hindupur, to provide necessary protection to the petitioner in I.A.No.334 of 2003. When she went to Mahabubnagar for treatment, the said suit was dismissed for default on 30.12.

2009 and she filed a petition in I.A.No.30 of 2011 for restoration of the said suit and the same was restored on 28.01.2011. While so, she noticed that on 23.11.2010 at about 10.00 A.M. the 4th respondent along with his follower started digging the soil by trespassing into the land. Though a complaint was lodged on 23.11.2010 before the 3rd respondent and followed by a representation to the 1st respondent on 26.11.2010 and another representation to the 2nd respondent on 12.02.2011, no action was taken by the police. On the other hand, she was pressurized by the police not to press the complaints. In those circumstances, she filed the present writ petition seeking a direction to the respondent-police to consider the complaints dated 23.11.2010, 26.11.2010, 12.02.2011 and 25.02.2011.

2. Even after nearly five years no counter-affidavit is filed by the respondents.

3. In the circumstances, this Court is inclined to direct respondents 2 and 3 to consider the complaints of the petitioner and take necessary

action within a period of three months from the date of receipt of a copy of this order.

The Writ Petition is accordingly disposed of. No order as to costs. Miscellaneous petitions, if any, pending shall stand closed. ______________________________ A.RAMALINGESWARA RAO, J 14-03-2016 Gsn