Dinesh Sharma, v. The State Of Telangana,
[ 32e6 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENW THIRD DAY OF JUNE TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION NO: 15970 OF 2023 Between:
Dinesh Sharma, S/o Hastimal Sharma, aged about 33 years, Occ. Business, R/o H.No.2-3-34l2,Yijayapuri Colony, Uppal, Ranga Reddy District. ...PETITIONER AND
1. The State of Telangana, Home Department, Secretariat Building, Secretariat, Hyderabad, Rep. by its Principal Secretary.
2. The Director General of Police, Telangana State, Hyderabad.
3. The Commissioner of Police, Rachakonda Commissionerate, MedchalMalkajgiri District.
4. The Assistant Commissioner of Police, Uppal Circle, Medchal-Malkajgiri District.
5. The Station House Officer, Medipalli Police Station, Rachakonda Commissionerate, Medchal-Malkajgiri District.
6. Kurra Veganad Goud, S/o Kurra Shiva Kumar Goud, Aged about 40 years, Occ. Business, C/o Akshith Real Estate, H.No.38-02, Narapally Village, Ghatkesar Mandal, Medchal-Malkajgiri District.
7. Amjad, S/o Mahmood Khan. Aged about 40 years, Occ. Business, C/o A.K. Sounds and Tent House, H.No.3B-2, Narapally Village, Ghatkesar Mandal, Medchal-Malkajgiri District.
8. Yousuf, S/o Usman, Aged about 39 years, Occ. Business, C/o Limra Constractions and Real Estate, H.No.3B-02, Narapally Village, Ghatkesar Mandal' Medchal-Malkaigiri District'
...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 an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.5 in non-receiving the complainUrepresentation of the petitioner and non-initiating to provide the police protection to the petitioner in respect of the hou.se bearing H.No.3B-02, Sada Shiva Nagar, Narapally, with plinth area of 800 Sit (including common area. Common Staircase etc) together with an undivided share of land admeasuring 41.665 Sq. yards or 35 Sq. Meters out of total land admeasuring 250 Sq. yards or 210 Sq.meters constructed Plot No.2 in Sy.No.43 part situated at Narapally Village Ghatkesar Mandal, Malkajgiri District, to implement the Judgment and
Decree in O.S.No.2666 of 2019 dated 19.1 .2022 on the tile of the principal Senior Civil Judge, Ranga Reddy District at L.B. Nagar, is highly illegal, arbitrary. u nconstitutional, violation of Principles of Natural Justice and in violation of Article 14. 21 and 300-4 of the Constitution of lndia and consequenfly direct the respondent No.5 to receive the complaint/representation of the petitioner and to provide the police protection to the petitioner in respect of the house hearing H.No.38-02, Sada Shiva Nagar, Narapally, with plinth area of 800 Sit (including common area. Common Staircase etc) together with an undivided share of land admeasuring 41 .665 Sq. yards or 35 Sq. I\/eters out of total land admeasuring 250 Sq. yards or 210 Sq.meters constructed Plot No.2 in Sy.No.
43 part situated at Narapally Village Ghatkesar [\4andal, Malkajgiri District. to implement the Judgment and Decree in O.S.No.2666 of 2019 dated 19.1 .2022 on the file of the Principal Senior Civil Judge, Ranga Reddy District at L.B. Nagar. lA NO: 1 OF 2023 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 be pleased to direct the respondent No.5 to receive the complainUrepresentation of the petitioner and to provide the police protection to the petitioner in respect of the house bearing H.No.3-3B-02, Sada Shiva Nagar, Narapally, with plinth area of 800. Sft (including common area, Common Staircase etc) together with an undivided share of land admeasuring 41.665 Sq. yards or 35'Sq. Meters out of total land admeasuring 250 Sq.
yards or 210 Sq.meters constructed plot No.2 ill Sy.No.43 part situated at Narapally Village Ghatkesar Mandal, Malkajgiri District, to implement the Judgment and Decree in O.S.No.2666 of 2019 daled 19.1 .2022 on the file of the Principal Senior Civil Judge, Ranga Reddy District at L.B. Nagar pending disposal of the writ petition.
Counsel for the Petitioner: SRI RAPOLU BHASKAR Counsel for the Respondent Nos.1 TO 5: GP FOR HOME Counsel for the Respondent Nos.6 TO 8: -- The Court made the following: ORDER
THE HON'BLE SRI WSTICE C.V.BHASKAR RIDDY lIIRIT PETITION No.15970 of 2o23 ORDER:
This writ petition is filed seeking the following relief: "....to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.5 in non-receiving the complaint/ representation of the petitioner and noninitiating to provide the police protection to the petitioner in respect of the house bearing H'No'3B-02 Sada Shiva Nagar, Narapally, with plinth area of 8OO Sft (including common area, Common Staircase etc) together with an undivided share of land admeasuring 41.665 Sq.yards or 35 Sq.Meters out of total land admeasuring 25O Sq.yards or 2lO Sq'meters constructed Plot No.2 in Sy No.43 part situated at Narapally Village, Ghatkesar Mandal, Malkajgiri District to implement the Judgment and Decree in 0'S' No. 2666 of 2Ol9 dated 19.
01'2022 on the frle of the Principal Senior Civil Judge, Ranga Reddy District at LB.Nagar, is highly, illegal, arbitrary, unconstitutional, violation of Principles of Natural Justice and in violation of Article 14,21 and 300-A of the Constitution of India and consequently direct respondent No' 5 to receive the complaint/ representation of the petitioner and to provide the police protection to the petitioner in respect of the house hearing H.No.3-3B-02 Sada Shiva Nagar, Narapally, with plinth area of 8OO Sft (including common area, Common Staircase etc) together with an undivided share of land admeasuring 41'665 Sq yards or 35 Sq.
a and Decree in O.S.No.2666 of 2Ol9 dated 19.OI.2022 on the file of the Principal Senior Civil Judg,e Ranga Reddy District at L B Nagar and pass..."
2.
The grievance of the petitioner is that respondent No.5Station House Ofhcer, Medipalli Police Station, is not receiving the complaint/ representation of the petitioner for providing police protection to the petitioner in respect of house bearing No.3B-02 situated at Sada Shiva Nagar, Narapa,lly, in implementation of judgment and decree passed in O.S.No.2666 of 2Ol9 dated 19.O1.2022.
3.
Learned Government Pleader for Home appearing for respondent Nos.1 to 5 has submitted that complaint, dated 1O.O3.2O23, said to have been submitted by the petitioner has not been received and if the petitioner submits fresh written complaint and if the said complaint discloses any cognizable offence, the respondent police shall examine the same and provide police protection in terms of judgment ald decree in O.S.No.2666 of 2Ol9 dated 19.O1.2022.
4. In view of the said submission, the writ petition is disposed of directing the petitioner to submit a fresh complaint to respondent police and rn the event the police a_re not
registering the said complaint, the petitioner is permitted to take assistance of an Advocate to enable him to hle a complaint with the respondent police or send the same through a registered post with acknowledgment due and if such complaint has been received by respondent No.5, he is directed to take appropriate steps in accordance with law for providing police protection to the petitioner. No costs.
As a sequel thereto, miscellaneous applications, if any, pending in this Writ Petition shall stand closed. i sDtA.v.s.PRAsAD ASSISTANT REGIStrRAR //TRUE COPY// C,'
SECTION OFFICER To '1. The Principal Secretary, Home Department, Secretariat Building, Secretariat, Hyderabad, State of Telangana,.
2. The Director General of Police, Telangana State, Hyderabad.
3. The Commissioner of Police, Rachakonda Commissionerate, MedchalMalkajgiri District.
4. The Assistant Commissioner of Police, Uppal Circle, Medchal-Malkajgiri District.
5. The Station House Officer, Medipalli Police Station, Rachakonda Commissionerate, Medchal-Malkajgiri District. 6- One CC to SRI RAPOLU BHASKAR, Advocate [OPUC]
7. Two CCs to GP FOR HOME, High Court for the State of Telangana, at Hyderabad. [OUT]
8. Two CD Copies PSK.rr GJPrhl.-
HIGH COURT DATED:2310612023
ORDER
i.l :IA WP.No.15970 of 2023 i /ry 1 $ Ju\{ l[ts ,: r/ '=-a-- DISPOSING OF THE WRIT PETITION WITHOUT COSTS.
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