Telangana High Court
Kuruma Vanaja vs The State Of Telangana on 13 May, 2021
Author: A.Abhishek Reddy
Bench: A.Abhishek Reddy
THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY
WRIT PETITION No.12348 of 2021
ORDER:
Heard learned counsel for the petitioners, learned Assistant Government Pleader for Home for respondent Nos.1 to 3 and the learned Government Pleader for Revenue for respondent No.4. With their consent, the Writ Petition is disposed of at the stage of admission itself.
This writ petition is filed seeking a writ of mandamus declaring the action of the respondent No.3 in not considering and implementing the order dated 22.04.2021, passed by the Special Assistant Agent and Sub Divisional Magistrate (Mobile Court) at Bhadrachalam, in I.A.No.404 of 2021 in O.S.No.404 of 2021, as illegal and arbitrary.
The case of the petitioners, in brief, is that the grand father of petitioner No.2 had purchased 20 Acres in Survey No.137/13, Chunchupalli Village and Mandal, Bhadradri Kothagudem District; that the petitioner No.2 inherited 15 Acres of land and the petitioner No.1 inherited 5 Acres of land and they are in continuous possession of the said land and that pattadar pass books were also issued to them. While so, the respondent Nos.5 to 7 tried to interfere with the possession and enjoyment of the petitioners over the subject land. Therefore, the petitioners lodged a complaint with the respondent No.3. Aggrieved by the interference of the unofficial respondents, the petitioners have instituted O.S.No.404 of 2021 in the Court of 2 Special Assistant Agent and Sub-Divisional Magistrate (Mobile Court) at Bhadrachalam, praying to grant decree of perpetual injunction against the defendants therein. The petitioners have also filed I.A.No.404 of 2021 to grant temporary injunction. The Special Assistant Agent and Sub Divisional Magistrate, by order dated 22.04.2021, granted temporary injunction and also directed the Station House Officer, Chunchupalli Police Station, to provide necessary protection to the petitioners.
Alleging that inspite of specific directions of the Special Assistant Agent and Sub Divisional Magistrate, police protection is not granted, though there is continuous threat and harassment by the defendants in the suit, this writ petition is filed.
When the matter is taken-up, learned Assistant Government Pleader for Home, on instructions, submits that ordinarily police will not interfere in civil disputes. Since injunction order is granted in favour of the petitioners and direction was also issued to the police to grant protection, as and when the petitioners approach the police with clear details, police protection will be provided. But, so far the petitioners have not approached the concerned police for seeking protection.
Having regard to the above made submissions and since the petitioners have not filed any application for granting protection specifically with reference to the injunction granted by the Special Assistant Agent and Sub Divisional Magistrate, this writ petition is disposed of granting liberty to the petitioners to file an application 3 before the respondent No.3 giving details of the property and alleged threat perception. On filing such application being filed, in compliance of the directions issued by the Special Assistant Agent and Sub-Divisional Magistrate (Mobile Court) at Bhadrachalam, the police shall extend the police protection during the subsistence of injunction granted by the Court below.
Pending miscellaneous petitions, if any, shall stand closed. The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.
_____________________ A.ABHISHEK REDDY, J Date: 13.05.2021 va