Abed Shah v. The Superintendent Of Police

HON'BLE SRI JUSTICE S.V. BHATT Writ Petition No.7384 of 2013 ORDER:

The petitioners pray for mandamus declaring the action of the respondents for not protecting the lives of the petitioners from antisocial elements and the property which is the subject matter of S.A.No.292 of 2012 on the file of this court and not considering the representation dated 08.02.2013 given by the petitioners to the 1st petitioner, as illegal, arbitrary and unconstitutional.

2. Learned counsel for petitioner has fairly stated that S.A.No.292 of 2012 is pending in this court and the appropriate order is to be worked out in the pending civil matter and thereafter, disobedience or threat is perceived, the order passed by the court can be enforced by further orders, including the police protection. Therefore, while seeking liberty to move the appropriate application in S.A.No.292 of 2012 and likewise to file a complaint, if there is threat to the lives of the petitioners, does not press the writ prayer for the present.

3. The writ petition is, accordingly, closed by granting liberty to workout the remedies as stated supra. No order as to costs. Pending miscellaneous petitions if any in this writ petition shall stand dismissed in consequence.

____________ S.V.BHATT, J Date: 21.04.2017 BSS

HON'BLE SRI JUSTICE S.V. BHATT Writ Petition No.7384 of 2013 Date: 21.04.2017 BSS