Anwar-Ul-Haq And Another v. The State Of Telangana And 4 Others
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF DECEIVBER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE P. NAVEEN RAO wRrT PET|T|ON NO. 24310 0F 2020 Between:
1. Anwar-Ul-Haq, S/o. Gulam Hussain, aged about 83 years, Occ : Agriculture, R/o. Babasagar Village, Chintalamanepalli Mandal, KB. Asifabad District.
2. N/ohib-Ul-Haq, S/o. Anwar-Ul-Haq, aged about 47 years, Occ: Agriculture, R/o. Babasagar Village, Chintalamanepalli Mandal, KB. Asifabad District. ...PETITIONERS AND
1. The State of Telangana, represented by its Principal Secretary, Home Department, Secretariat, Hyderabad.
2. The Superintendent of Police, Komurambheem Asifabad District at Asifabad.
3. The Additional Superintendent of Police, Komurambheem Asifabad District at Asifabad.
4. The Station House Officer/lnspector of Police, Kowlala Police Station, KB. Asifabad District.
5. The Sub - lnspector of Police, Chintalamanepally Police Station, KB. Asifabad District.
6. Barla Anjaiah, S/o. Ramaiah, aged about 58 years, Occ : Agriculture, R/o. Rudrapur Village, Chintalamanepalli Mandal, KB. Asifabad District. ,..RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass an order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ or direction holding that the inaction of the official Respondents in not taking any action for grant of police aid/protection to the Petitioners for proper implementation of the orders of Hon'ble Junior Civil Judge at Srrpur in l.A. No.41B of 2017 in O.S. No.79 of 2017 dated 23.07.2019 on the complaints filed by the Petitioners dated 11J2.2020, 13.12.2020 and 22.12.
2020' is illegal, arbitrary, malicious, politically motivated, against the principles of natural justice and fair play and not only violative of the provisions of Article 14, 19,21 and 300A of the constitution of lndia but also violative of the injunction orders passed by the Civil Court and may be pleased to direct the Respondents No.3 to 5 to grant police aid/protection lo the Petitioners for proper implementation of the orders passed by Hon'ble Junior Civil Judge at Sirpur in LA. No.418 of 2017 in O.S No.79 of 2017 dated 23.07 .2019 by considering the complaints filed by the Petitioners dated 1 1.12.2020. 13.122020 and 22.12.2020 enabling the Petitioners to harvest the cotton crop in Sy.No.122l2l , admeasuring Ac.09-20 guntas situated at Rudrapur Village, Chinta lamanepally tr/andal, Kaghaznagar Division, KB.
lA NO: 1 OF 2O2O Petition under section 15'1 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 No. 3 to 5 to grant police aid/protection to the petitioners for proper implementation of the orders passed by Hon'ble Junior civil Judge at sirpur in t.A. No. 418 of 2017 in O.S. No. 79 of 2017 dated 23.07.2019 by considering the complaints filed by the petitioners dated '1 112.2020, 13 12.2020 and 22.12.2O2O enabling the petitioners to harvest the cotton crop in Sy.No.12212/ , admeasuring Ac. O9-20 guntas situated at Rudrapur Village, chintalamanepally lvandal, Kaghaznagar Division KB. Asifabad District during to pendency of the writ petition. Counsel for the Petitioners: SRI MD. AJMAL AHMED Counsel for the Respondent Nos. 1 to 5: AGP FOR HOME Counsel for the Respondent No.6: NONE APPEARED The Court made the following: ORDER
HONOURABLE SRI JUSTICE P,NAVEEN RAO WRIT PETITION No.24310 of 2O2O ORDER:
Heard learned counsel for petitioners and learned Assistant Government Pleader for Home.
2.
First petitioner is the father of second petitioner. He claims to be absolute owner and in possession of agricultural land to an extent of Ac.9.50 guntas in survey No.l22l2lAA of Rudrapur Village, Chintalamanepally Mandal, Kumarambheem Asifabad District. According to first petitioner, the said land accrued to him in the family partition. Petitioners allege that sixth respondent and a person b1' name Barla Narayana were causing unnecessary interference. Aggrieved by their actions, O.S.No.79 of 20i7 was institutcd in lhe Court ol .Junior Civil .Judgc at Sirpur praying to grernt Pe rmalient IlljLll-iction ln the said surt, I.A No zl 18 of 20l7 r,',as filed to grant temporary injunction. The triai Court initially granted exparte ad interim injunction and after contest, by order d.ated 23.O7 .
20 19 alfirmed the injunction order granted earlier' By virtue of the said injunction order, petitioners are in continuous possession and enjoyment. That being so, on 13'12'2O2O complaint was lodged with the police alleging that Sri Barla Anjaiah trespassed into the land of petitioners and has taken au,ay the entire cotton crop, which amounts to committing theft of the property belonging to them' On 22 12 2O2O' pctitioners lodgecl complaint ri'ith the Aclditional Superinlendent of Policc rcpeating the corltents of their compiaint date d 13 12 2O2O and requested him to'ilrandate the subordinates to look into the grievance .
J.
made by the petitioners to grant police protection for compliance o[ injunction order granted by the civil Court, so far they have not acted upon.
4.
From the perusal of the complaint lodged on 13.12.2020 and representation submitted to the Additional Superintendent oi Police on 22.12.2020, it is seen that content ol the complaint as u'ell as representation is alleged theft committed b1' Barla Anjaiah along with Gunti Rajamallu on 12.12.2O2O. In both the complaints, petitioners do not state in u,hat manner protection is required. Even according to said complaints, in December the crop was harvested by those two persons, though it is alleged as theft. It is stated by learned counsel for the petitioners that some more standing crop is there. Looking at the complaints filed by them, it is shown as if entire crop is taken by persons named in the complaint. Thus, what is now stated is not reflected in the complaints.
Further, petitioners do not say that thelr' arc now intending to harvest the remaining crop and lhere is alleged thrcat of involvement of those persons and protection is rcquired. Therefore, it cannot be said that police were negligent in extending lhe proteclion in compliance to the injunction order granted ir-r their favour. It is not the case of petitioners that policc are not registering the complaint lodged by them and investigating into the same. However, on this aspect, consistently this Court has taken the view that writ petition is not a remedy, aggrieved person has to avail remedy available in the Code of Criminal Procedure as held by the Hon'ble Supreme Court in Sakiri Vasu v.
-lPradeshr and aflirmed in M.Subramaniam and another v, S.Janaki and anotherz. Ii still cotton crop is lying on the land and petitioners nced protcction by the po)ice to harvest the said crop, specilic request may be made by the petitioners by specifying the date on u,hich, they intend to harvest the crop. Il such representation is made, police are directed to consider the same and provide protection for the purpose of harvesting of the cotton crop.
5.
In view thereof, this writ petition is disposed of. Pending miscellaneous petitions, if any, shall stand closed. /1 eool) 2 scc 409 '2020 SCC Online S.C. 341 SD/.M.MANJULA ASSISTANT REG,ISTRAR //TRUE COPY/I \-'
SECTION OFFICER To,
1. The Principal Secretary, Home Department, State of Telangana, Secretariat, Hyderabad.
2. The Superinlendent of Police, Komurambheem Asifabad District at Asifabad.
3. The Additional Superintendent of Police, Komurambheem Asifabad District at Asifabad
4. The Station House Officer/lnspector of Police, Kowtala Police Station, KB. Asifabad District.
5. The Sub - lnspector of Police, Chintalamanepally Police Station, KB. Asifabad District.
6. One CC to Sri lr,4d. Almal Ahmed, Advocate tOPUCI
7. Two CCs to GP for Home, High Court for the State of Telangana at Hyderabad. lourl B. Two CD Copies.
l-/ (.f N/P
HIGH COURT DATED:31 11212020 TA c c Ail tJ J o a * l)'TC * t::
ORDER
WP.No.24310 of 2020 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,\/ (] -,1 €)