High Court · 2025
Case Details
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Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the respondents No.2 & 3 in not granting the police protection to the petitioners to implement the orders passed by the Sub- Divisional trilagist ate and Special Assistant Agent to Governmenl, Mobile Court at Bhadrachalam in lA.No.323t2O23 in OS.No.34412023 dated 2'7.10.2023 with regard to the lanc to an extent of Ac.4.00 gts is part and parcel of Sy.No.1'17 and Sy.No.107/A fronr the total extent of Ac.'1 1.4700 gts situated at vrldhamtapuram Village of Asvraraopeta Mandal, Bhadradri Kothagudem District as illegal, arbitrary. lA NO: 1 OF 202t Petition ur der section 151 CPC praying that in the circumstances stated in the affidavit f i, rd ir support of the petition, the High court may be pleased to direct the Respo tdents No.2 & 3 to grant police protection to tho petitioners to implement the ( rders passed by the Sub-Divisional N,4agistrat: and Special Assistant Age,n. :o Government, Mobile Court at Bhadrachalam in tA.No.323/2023 rl CS;.No.34412023 dated 27.10.2023 with regarc to the land to an extent of Ac;... OC gts is part and parcel of Sy No.117 and Sy No 107/A from the total extent of Ac.1 1.4700 gts situated at Vedhamtapuram village of Aswaraopeta lvlandal, Bhadradri Kothagudem District, pending disposal of the, writ petition. Counsel for thei l)etitioners: SRI G.V.S.GANESH Counsel for the tlespondent No.1 to 3: GP FOR HOME Counsel for the Ilespondent No.4 to 6: SRI KRISHNA KISHORE h:OWURI The Court made the lollowing: ORDER 'i- ORDER: THE HON'BLE SRI JUSTICE T. VINOD KUMAR Writ Petition No.1 77 of o24 Heard learned counsel for the petitioners, learned Government Pleader for Home appearing for respondent Nos.1 to 3 and Sri Krishna Kishore Kowuri, learned counsel, appearing for respondent Nos.4 to 6 and perused the record.
2. Shorn of unnecessary details, the case of the petitioners, in brief, is that even though an order of injunction dt.2r.ro.2o23 is granted in respect of the land to an extent of Acs.4.00 guntas pad and parcel of sy.Nos.117 and r07/A out of totar extent of Acs.rr.47 guntas situated at Vedhamtapuram Village, Aswaraopeta Mandal, Bhadradri. Kothagudem District, in their favour by the Sub-Divisional Magistrate and Special Assistant Agent to Government, Mobile Court at Bhadrachalam, in I.A.N..323 of 2023 in O.S.No.344 of 2023, for implementation of which, the petitioners having approached the respondents_authorities seeking police aid, the same is not being extended by the authorities, which action of the respondents, it is contended is highly illegal and arbitrary.
3. Per contra, learned counsel appearing on behalf of respondent Nos.4 to 6 submits that the aforesaid order of injunction granted by the Special Assistant Agent to Government in I.A.No.323 of 2023 in O.S.No.344 of 2023 dt.27.tO.2OZ3 is the subject matter of chaltenge I I 2 before this (lourt in C.R.P.No.2310 of 2024 and this Court by order dt.26.O7.2OZ' pa:;sed in I.A.No.2 of 2024 in the aforesaid 3RP' had directed the larties to maintain status quoin all respects in terms of the order in I.A.No.323 of 2023 in O'S'No'344 of 2023 dt27'10'2023' Learnr d ccunsel thus submits that the petitioners are nrlt entitled 4. to seek enf,lrcerrent of the aforesaid order of injunction' rnuch less seeking polic: aid for implementation of the said order'
5. Learn:d Government Pleader for Home appearing on behalf of respondent {os.l. to 3 on the other hand submits that if the concerned Court issues anv order directing provision of police aid for impl0mentation of the aforr sairl order of injunction, the respondents-a uthorities would provide necrlssary police protection and inasmuch no such order is passed as of date, t1e authorities cannot extend police aid' 6 i hav3 taken note of the respective contentions urged
7. ThouEh ly the present Writ Petition, the petitioners set:k for grant of police ail tr) implement the orders passed in I'A'No'323 of 2023 in O.S.No.3a4 of )023 dt.27.10.2023, the said order being subjer:t matter of revision betore l:his Court in C.R'P'No'2310 of 2024 and this C'ouft having directed th{r parties to maintain status quo in all respects' this; Court is of the view t lat the petitioners cannot by the present Writ Petition seek .-a police aid for enforcing the aforesaid order of injunction during the pendency of the aforesaid C.R.P. before this Cout. B. In view of the above, this Court is of the view that liberty should be granted to the petitioners herein to take steps to get the order of status quo granted by this Court in I.A.No.2 of 2024 in C.R.p.No.23tO of 2024 dt.26.07.2024 vacated before approaching the concerned Court by filing appropriate application seeking police aid for implementation of the injunction order granted. 9 Subject to above liberty, the Writ Petition is disposed of. No order as to costs.
10. Miscellaneous petitions, if any, pending in this writ petition shall stand closed, //TRUE COPY// SD/-K. SREE RAMA MURTHY PUTY REGIS RAR ECTION OFFICER To, The Principal Secretary, Home Department' Secretariat' Hyderabad' State of Telangana 2 The Superintendent of Police, Bhadradri Kothagudem District' Telangana Police Station, Bhadradri House Officer, AswaraoPeta State.
3. The Station Kothagudem District, Telangana State' 4 One CC to SRI G.V'S GANESH' Advocate [OPUC] 5. One CC to SRI KRISHNA KISHORE KOWURI' Advocate IOPUCI 6. Two CCs to GP FOR HOME' High Court for the State of Telangana at Hyderabad [OUT]
7. Two CD CoPies BSR BS $ t I j I f -i, :--. I..i i,{ r ii: 2il P141* r)t .\, l':''/ -. ,' .,:/ ::1""' HIGH COIJ 1T DATED:17 t0312025 ORDER WP.No.14877 ot 2024 -) O .?:, DISPOSII{(i OF THE WRIT PETITION, WITHOUT (]OSTS 644u-ffi"