Telangana High Court
Smt. Merupula Saraswathi And Another vs The State Of Telangana And 2 Others on 18 November, 2020
Author: P.Naveen Rao
Bench: P.Naveen Rao
HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION NO.17034 of 2020
Date:18.11.2020
Between:
Smt Merupula Saraswathi W/o.Narayana Goud,
Aged about 62 yrs, Occu : Housewife,
R/o.H.No.4-79, Chinnagundavelly, Siddipet Mandal,
Siddipet District & another
.....Petitioners
And
The State of Telangana,
rep by its Principal Secretary,
Home Department, Secretariat,
Hyderabad & others.
.....Respondents
The Court made the following:
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HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION NO.17034 OF 2020
ORDER:
Heard learned counsel for the petitioners and learned Assistant Government Pleader for Home.
2. Petitioners claim to be the owners and in possession of land to an extent of Ac.0.08 ¼ guntas in Sy.No.1934/AA3 and Ac.0.26 guntas in Sy.No.1934/AA3 and Ac.0.17 guntas in Sy.No.1934 of Lingareddypally Village and Gram Panchayat, Prashanth Nagar of Siddipet Town and District.
3. Petitioners filed O.S.No.44 of 2018 in the Court of Principal Junior Civil Judge at Siddipet to grant decree of perpetual injunction against the defendants who are unofficial respondents, herein. The said suit was decreed on 04.07.2019. Petitioners now allege that inspite of granting decree against interference, the unofficial respondents continued to interfere and caused harm to the petitioners. Aggrieved by such interference, petitioners claim to have filed representation to the Commissioner of Police, Siddipet, on 11.11.2019. Alleging inaction, this writ petition is filed.
4. When the matter is taken up, learned Assistant Government Pleader raised preliminary objection on maintainability of writ petition on the ground that the Station House Officer, I-Town Police Station, Siddipet is not the concerned officer whereas, the area in which petitioners claim to have own lands comes within the jurisdiction of Siddipet rural police station. He further submits that no application is submitted in the Siddipet Rural Police Station to grant police protection, but straight away this writ -3- petition is filed by referring to the application filed before the Commissioner of Police.
5. This contention of learned Assistant Government Pleader is not denied by learned counsel for the petitioners. Further from a reading of the representation submitted to Commissioner of Police on 11.11.2019 also, it is not stated in what manner petitioners require protection. It is a vague representation narrating alleged involvement by the unofficial respondents in trying to dispossess the petitioners. Therefore, no relief as sought for can be granted.
6. Therefore, liberty is granted to petitioners to make appropriate application to the Station House Officer, Siddipet Rural Police Station, specifying the need of protection, when and in what manner protection is required. As and when such application is made, the Station House Officer, Siddipet Rural Police Station, shall consider the same and take appropriate decision as warranted by law.
7. With the above observations the Writ Petition is disposed of. Pending miscellaneous petitions, if any, shall stand closed.
__________________ P.NAVEEN RAO,J 18th November, 2020 Rds -4- HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.17034 of 2020 Date: 18.11.2020 Rds