Durgam Rajesham v. The State Of Telangana, Rep. By Its Principal Secretary

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.38622 of 2016 ORDER:

The present writ petition is filed by the petitioner seeking to declare the action of the 4th respondent in not taking any action against the 5th respondent and his family members in pursuance of case in Crime No.174 of 2014 and the subsequent complaints, as arbitrary and illegal, and consequently, direct the respondents 3 & 4 to provide protection to the petitioner by taking necessary action against the 5th respondent. Heard and perused the material available on record. The case of the petitioner is that he is the owner and possessor of an extent of Acs.1.39 gts., of land at Gundi village, Ramadugu Mandal, Karimnagar District, and the 5th respondent, who is the owner of the land adjacent to the land of the petitioner, is trying to grab his land and therefore, he filed a civil suit also.

Thereafter, he made a complaint against the 5th respondent before the 4th respondent police station, but no action has been taken by the 4th respondent. Since the 5th respondent and his wife are abusing the petitioner and his family members in filthy language and also threatening them as he filed a criminal case against them, the petitioner made a representation the 3rd respondent to provide police protection, but the 3rd respondent refused to take the same. Hence this writ petition. The learned Assistant Government Pleader submitted that on the basis of the complaint, the above case was registered against the 5th respondent and others the respondent police are investigating into the matter in accordance with law.

The petitioner has already filed a complaint and on the basis of same, a case was registered against the 5th respondent. Therefore, considering the facts and circumstances of the case and also taking into consideration the grievance the petitioner, this Court is inclined to take pass the following order:

The petitioner is directed to file a fresh representation before the police concerned, in case he is having any threat, and on such representation being filed, the police concerned are directed to consider the same and decide the issue in accordance with law. Accordingly, the Writ Petition is disposed of. No order as to costs. Consequently, miscellaneous petitions pending, if any, shall stand closed.

______________ RAJA ELANGO, J November 09, 2016.

KTL