Telangana High Court
Jammula Seetharama Reddy vs The State Of Telangana, on 3 July, 2023
THE HON'BLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION No.13590 of 2023
ORDER:
Petitioners claim that they are in possession and enjoyment of the agricultural land admeasuring Acs.30.00 guntas in Survey No.999/20/21, A, A & E situated at Paloncha Village and Mandal, Bhadradri-Kothagudem District, and their names were mutated in the revenue records. It is the case of the petitioners that in 2006, when some unsocial elements illegally tried to encroach into the subject land, the petitioners filed O.S.No.1058 of 2006 in the Court of Junior Civil Judge, Kothagudem, and the said suit was decreed in their favour vide judgment and decree dated 19.04.2008. When the Revenue Divisional Officer, Paloncha Revenue Division, issued proceedings dated 29.10.2021 invoking the provisions of the Telangana Assigned Lands (Prohibition of Transfers) Act, 1977, the petitioners filed Writ Petition No.29286 of 2021 and the same was disposed of by this Court vide order dated 13.03.2023 with the direction to the authority concerned to initiate fresh proceedings under the said Act. It is their further CVBR, J 2 W.P.No.13590 of 2023 case that on many occasions, respondent Nos.6 to 11 tried to cut the eucalyptus trees by encroaching into their land. Therefore, they lodged a complaint before respondent No.4 - Station House Officer, Paloncha Town Police Station, Bhadradri-Kothagudem District, against the respondent Nos.6 to 11. Thereupon, the respondent No.4 registered FIR.No.96 of 2023 for the offences punishable under Sections 447, 427, 506, 109 IPC read with Section 34 IPC. It is their further case that the respondent Nos.6 to 11 are continuing their illegal activities in the subject land, as such, the petitioners have filed representations before the respondent No.4 to provide police protection. It is their further case that they have filed representations before the respondent police seeking to restrain the respondent Nos.6 to 11 from entering into the subject land and they requested the respondent police to provide police aid in order to protect the subject land.
Respondent Nos.6 to 11 have filed counter affidavit stating that they are the assignees of the subject land and the entire land in Survey No.999 belongs to the Government and CVBR, J 3 W.P.No.13590 of 2023 the same is in Agency area; that pursuant to the disposal of Writ Petition No.29286 of 2021 by this Court vide order dated 13.03.2023, the revenue authority concerned has not initiated any action; that they have filed F-line application for demarcation of the land in Survey No.999 but the same is pending consideration; that they are in possession of the subject land and harvested the eucalyptus trees; that the authorities may initiate LTR proceedings against the petitioners as the subject land belongs to the Government and that the entire land in Survey No.999 is not yet sub-divided and no supplementary sethwar was issued, thereby, prayed to dismiss the present Writ Petition.
Sri Chikkudu Prabhakar, learned counsel appearing for the petitioners vehemently argued that the petitioners are in possession and enjoyment of the subject land and the respondent Nos.6 to 11 are interfering with their possession frequently, as such, the petitioners have lodged complaints before the respondent police and also submitted representations seeking to provide police protection. The CVBR, J 4 W.P.No.13590 of 2023 grievance of the petitioners is that the respondent police have not yet considered their representation and thereby, the respondent Nos.6 to 11 are continuously interfering with their possession and causing damage to the standing crop in the subject land.
In view of the above, this Court deems it appropriate to direct the respondent police to dispose of the petitioners' representation dated 23.05.2023 for providing police protection after duly considering the objections, if any, filed by the parties concerned, strictly in accordance with law.
With the above direction, this Writ Petition is disposed of.
Miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs.
_______________________ C.V. BHASKAR REDDY, J 3rd JULY, 2023.
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