Sri Brahmachary Muth, v. The State Of Telangana

THE HON'BLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.38044 OF 2016 ORDER:

The writ petition is filed by the petitioner seeking a writ of mandamus declaring the action of the respondents 1 to 6 in not providing police protection and not stopping the illegal construction activities carrying on by the respondents 7 to 14 and extending help by the respondents 2 to 6 to the respondents 7 to 14 over the petitioner Muth lands and interfering in peaceful possession and enjoyment over the petitioner Muth property i.e., in survey No.242 (old) New Survey Nos.338, 339, 340, 341, 342, 343 and 344 totally admeasuring Acs.16.32 guntas situated at Attapur Village, Rajendranagar Mandal, Ranga Reddy District, Telangana State in spite of the petitioner representations as illegal and arbitrary and consequently, to direct the respondents 1 to 6 to provide police protection to the petitioner Muth property by stopping the illegal construction activities carrying on by the respondents 7 to 14.

Heard and perused the material.

Learned counsel for the petitioner submits that respondents 1 to 6 are not providing police protection against the respondents 7 to 14 for their illegal construction activities in the petitioner's Muth lands and as such, he seeks a direction to the respondents 1 to 6 to provide police protection for the petitioner's Muth lands.

Learned Assistant Government Pleader for Home (Telangana) submits that the investigation is under process and that the petitioner, without disclosing the fact of registration of crime against him, filed the present writ petition seeking police protection. He further submits that after completing the investigation, a final report will be filed in accordance with law.

Considering the facts and circumstances of the case, this Court is of the view that the writ petition is not maintainable. However, it is left open to the official respondents, if there is any apprehension of law and order problem, to interfere and protect the safety of the petitioner herein.

The writ petition is accordingly disposed of. Consequently, miscellaneous petitions, if any shall also stand disposed of. _____________________ JUSTICE RAJA ELANGO 14.11.2016 pln