High Court for State of TelanganaWP/35616/2016disposed of no costs

Vadde Chinna Pulla Reddy, v. The State Of Andhra Pradesh Rep., By Its Principal Secretary

2016-10-21Raja Elango2 pages

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.35616 of 2016 ORDER:

This writ petition is filed seeking to declare the inaction on the part of respondents 2 to 4 in providing police protection to the petitioners to carry out their agricultural operations in their land, pursuant to the injunction orders granted in favour of the petitioners by the Junior Civil Judge, Banaganapalli, in I.A.No.346 of 2005 in O.S.No.138 of 2005, dated 02.11.2005, which was made absolute on 29.12.2016, as illegal and arbitrary. Heard and perused the material available on record. The case of the petitioners is that the petitioners are the absolute owners and possessors of the agricultural lands in Survey No.125 to an extent of Ac. 4.60 cents, situated in Chanugondla Village, Owk Mandal, Kurnool District.

When respondents 5 and 6 are trying to interfere with the peaceful possession and enjoyment of the petitioners' land, the petitioners have preferred a suit in O.S.No.138 of 2005, in which they have obtained ex parte adinterim injunction on 02.11.2005 in their favour and it was also made absolute on 29.12.2006. The main grievance of the petitioners is that even though they have interim injunction in their favour, respondents 5 & 6 are still interfering with their peaceful possession and enjoyment of the property of the petitioners and also threatening them. In this regard, the petitioners have submitted representation, dated 07.09.2016, to respondents 2 to 4 to provide police protection pursuant to the injunction orders, but till now the respondents 2 to 4 are not acting upon the representation of the petitioners.

Considering the grievance of the petitioners, respondents 2 to 4 are directed to consider the representation, dated 07.09.2016, of the petitioners and it is left open to respondents 2 to 4 to give police protection to the petitioners in respect of their subject property, if there is any necessity.

Accordingly, the Writ Petition is disposed of. No costs. Pending Miscellaneous Petitions, if any, shall stand closed. ____________________ RAJA ELANGO, J Date: 21st October, 2016 KL