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High Court for State of TelanganaWP/33878/2016disposed of no costs

Chinthalapani Muralidhar Reddy, v. The State Of Telangana,

2016-10-17Raja Elango3 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.33878 OF 2016 ORDER:

This writ petition is filed seeking to issue a writ or order more particularly, one in the nature of writ of mandamus to declare the action of respondent Nos.2 to 4 in not granting police protection to the petitioners to safeguard their rights over item Nos.1 & 2 of the suit schedule property in I.A.No.200 of 2015 in O.S.No.265 of 2015 on the file of the Senior Civil Judge, Warangal i.e., House plot admeasuring 700 Sq.yards in Sy.Nos.46, 49 & 50 situated at Hanamkonda Village and Mandal, Warangal District and House plot admeasuring 829.665 Sq.yards in Sy.Nos.46, 49 & 50 situated at Hanamkonda Village and Mandal, Warangal District as illegal and arbitrary and consequently, to direct respondent Nos.5 to 7 not to interfere with the peaceful possession and enjoyment of the petitioners over the suit schedule property. 2.

Heard and perused the material available on record. 3.

Case of the petitioners is that they are the absolute owners of the aforementioned property and they are in peaceful and continuous possession and enjoyment of the same. As the unofficial respondents are frequently interfering with the said property, they filed O.S.No.265 of 2015 for permanent injunction and obtained ad-interim injunction. In spite of the same, as the unofficial respondents are causing damage to the said property, they made a representation to respondent No.2 on 20.8.2016 seeking police protection. Till date, respondent No.2 has not taken any steps to dispose of the said representation.

4.

Learned Assistant Government Pleader for Home informed this Court that when the petitioners have obtained an order of ad-interim injunction, they have to seek police protection before the Court which granted ad-interim injunction and without doing so, they approached this Court.

5.

Considering all the facts and circumstances of the case, this Court is of the view that since the petitioners have already given a representation to respondent No.2, the respondent No.2 is hereby directed to consider the representation, dated 20.8.2016, of the petitioners and dispose of the same in accordance with law as expeditiously as possible, preferably, within a period of one month from the date of receipt of a copy of this order. 6.

With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.

7.

Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.

_________________________ JUSTICE RAJA ELANGO 17.10.2016 AMD

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.33878 OF 2016 Date: 17.10.2016 AMD