Juvvi Gopaiah, v. The State Government Of Andhra Pradesh,
THE HON'BLE SRI JUSTICE P.KESHAVA RAO WRIT PETITION No.12333 OF 2014 ORDER:
Heard the learned counsel for the petitioners as well as the learned Government Pleader appearing for the respondents 1 & 2.
2.
The prayer sought in the writ petition is as under: "For the reasons stated in the accompanying affidavit the petitioners prayed that this Hon'ble court may be pleased to issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents No.1 and 2 where they failed to provide police protection to the petitioners in implementing the temporary injunction order Dt.201-2014 in I.A.No.11 of 2014 in O.S.No. 9 of 2014 passed by learned the Special Assistant Agent and Sub-Divisional Magistrate (Mobile Court) at Bhadrachalam is illegal, arbitrary and in violation of Article 300-A of the Constitution of India consequently direct the respondents No.1 and 2 to provide the police protection in implementing the temporary injunction order Dt.20-1-2014 in I.A.No.11 of 2014 in O.S.No. 9 of 2014 passed by learned the Special Assistant Agent and Sub-Divisional Magistrate (Mobile Court) at Bhadrachalam and pass such other order or orders as this Hon'ble court may be deem fit and proper in the circumstances of the case."
3.
The learned Government Pleader appearing for the respondents 1 & 2 brought to the notice of this Court that pursuant to the complaint given by the petitioners on 06.01.2014, a case in Crime No.2 of 2014 for the offences under Sections 447, 427, 506 read with 34 I.P.C was registered. Pursuant to the said crime, investigation was completed and a
PKR,J W.P.No.12333 of 2014 charge sheet was filed before the concerned Magistrate. On trial, the case ended in acquittal.
4.
However, the relief sought by the petitioners in the present writ petition is to provide police protection in compliance with the orders passed in I.A.No.11 of 2014 in O.S.No.9 of 2014, dated 20.01.2014, passed by the learned Special Assistant Agent and Sub-Divisional Magistrate (Mobile Court) at Bhadrachalam. 5.
Learned Government Pleader, on taking instructions from the officer Sri P.Srikanth, representing the 2nd respondent, informs the Court that they are ready to provide police protection to the petitioner to comply with the above referred orders, if any complaint is lodged by the petitioner. 6.
In these circumstances, the Writ Petition is disposed of giving liberty to the petitioners to file a fresh application as and when the cause of action arises. In such event, the 2nd respondent is directed to provide police protection as per law. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.
_____________________ P.KESHAVA RAO, J Date: 2nd December, 2019 KL