High Court for State of TelanganaWP/19440/2011disposed of no costs

Akhila Bharatiya Bhagvadgeeta Prachar Mandal, v. The Station House Officer,

2017-08-11Raja Elango2 pages

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.19440 of 2011 ORDER:

This Writ Petition is filed by the petitioner, under Article 226 of the Constitution of India, for the following relief: " To declare declaring the inaction of the 1st respondent herein in not extending necessary help to the petitioner society in conducting day to day affairs and management of the temples viz., Radha Krishna Temple and Sai Mandir and other buildings situate in premise bearing No.1-4-966, situate by the side of Gunj Road, Bodhan, Nizamabad District, from the interference by the respondents 2 and 3 herein as illegal, arbitrary, and contrary to the order dt.24.1.2006 in I.A.No.9 of 2006 in I.A.No.751 of 2003 in O.S.No.

170 of 2003 on the file of the court of the Junior Civil Judge at Bodhan and also violative of Article 14, 25, and 26 and 300-A of the Constitution of India and issue a consequential direction to the 1st respondent herein to extend necessary help to the petitioner society in conducting day to day affairs and management of the temples viz., Radha Krishna Temple and Sai Mandir and other buildings situate in preemies bearing No.1-4-966, situate by the side of Gunj Road, Bodhan, Nizamabad District, from the interference by the respondents 2 and 3." Heard and perused the material available on record.

The main grievance of the petitioner is that 1st respondent is not providing protection/ police aid to it in respect of the subject premises even though it obtained an interim order of injunction from the competent civil Court in a suit and it also submitted representation, dated 16.04.2011, to the 1st respondent to provide police aid, but no has been taken so far.

Considering the facts and circumstances of the case, the 1st respondent is directed to consider the representation, dated 16.04.2011, submitted by the petitioner and pass appropriate orders in accordance with law.

Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, miscellaneous petitions pending, if any, shall stand dismissed.

______________ RAJA ELANGO, J August 11, 2017 KTL