The High Court · 2025

THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION NO: 17603 OF 2017 Between: 1 2 Smt. Dasari Laxmi, Wo. Dasari Laxminarayana, aged 61 years Occ. House wife, Rl/o. Police Station Road. Deekshakunt vill-age Bhlpatpally Mandal, Warangal District Dasari Laxminarayana, S/o. Poshaiah, aged about 70 years Rl/o. police Station Road, Deekshakunt village Bhupalpally Mandal, Waiangal District AND ...PETITIONERS Secretariat, Hyderabad

1. The State of Telangana, Rep. by its Prl Secretary, Home Department 2. The Commissioner of Police, Warangal City, Warangal Warangal District 3. The Superintendent of Police, Bhupalpally Jayashankar District Bhupalpally 4. The Station House Officer, Bhupalpatl! Potice Station, afrupatpiatty 5. Qamq Basava Reddy, Sio. Venkat Reddy, aged 41 years Occ. Agriculture, Jayashankar District Ri/o. Deekshakunt viliage Bhupalpatty Manilal, -Warangat District ...RESPONDENTS 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, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents police in not providing protection to the petitioners lands in Sy No. 36/48 to an extent of Ac.1 .22 gts and Sy No. 36/90/1 to an extent of Ac.1 .09 gts situated at Deekshakunta Village, Bhupalpally mandal, Warangal District basing on the Decree and Judgment dated 19.02.2009 passed in OS No. 306 of 2008 on the file of tAdditional Senior Civil Judge at Warangal is illegal, arbitrary and against the principles of natural justice and also violation of Articles 14, 19,21 and 300-4 of Constitution of lndia and consequently direct the respondents police to provide protection to the petitioners i1 / /, ,{ l.A. NO: 1 OF 2017(WPMP. NO: 21491 oF 20171 Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the 3rd and 4th respondents porice to provide porice aid to the petitioners lands in sy No. 36/48 to an extent of Ac.1 .22 gts and sy No. 36/90/1 to an extent of Ac 1 09 gts situated at Deekshakunta Viflage, Bhuparpary mandar, warangar District basing on the Decree and Judgment dated 19.02.2009 passed in os No. 306 of 2008 on the fire of i Additionar Senior civir Judge at warangar, pending disposal of the main writ petition Counsel for the Petitioner: SRl. AJAY KUMAR MADISETry counsel for the Respondent Nos. 1to4: sRr M.sRrNlvAS,AGp FoR HoME Counsel for the Respondent No.5: _ The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.17603 OF 2017 ORDER This Writ Petition is filed under Article 226 of the Constitution of lndia seeking the following relief: ".:-fo lssue a Writ, Order or Direction more padiculaly one in the nature of Wit of Mandamus, declaing the action of the respondents police in not providing protection to the petitioners lands in Sy No 36/48 to an extent of Ac 1.22 gts. and Sy No 36/90/1 to an extent of Ac.1.09 gts., situated at Deekshakunta Village, Bhupalpally Mandal, Warangal Dislrict, basing on the Decree and Judgment dated 19.02.2009 passed rn O.S. No. 306 of 2008 on the file of I Additional Senior Civil Judge at Warangal, as iltegat, arbitrary and against the pinciples of natural iustice and atso violation of Artictes 14, 19,21 and 300-4 of Constitution of tndia and consequently direct the respondents police to provide protection to the petitioners and to pass such other order or orders as this Hon'bte Court may deem fit and proper in the interest of justice."

2. Heard Mr. Ajay Kumar Madisetty, learned counsel for the petitioners and Mr. M. Srinivas, learned Assistant Government Pleader for Home, appearing on behalf of respondent Nos. 1 to 4. 3 Learned counsel for the petitioners submits that the present Writ Petition has been filed challenging the inaction of the respondents/police authorities in providing necessary protection to the petitioners' landed property, which is the subject matter of the decree and judgment 2 dated 19.02 2009 in o.S No.306 of 200g on the fire of the rearned I Additional Senior civil Judge, warangal. He further submits that this Court, by interim order dated 0S.06.2017, had directed the respondents/police authorities to extend police protection to enable the petitioners to enjoy the fruits of the decree. pursuant to the said interim order, the porice authorities complled with the directions and provided protection as prayed for Learned counsel, therefore, submits that as the purpose of the writ petition has been effectivery achieved, no further orders are required at this stage, but he prays that the petitioners may be granted liberty to avair remedies avairabre in raw, shourd any future eventuality arise in relation to the enforcement of the decree. 4 Learned Assistant Government pleader for Home, appearing for the respondents. submits that the interim direction issued by this court on 05.06.2017 was duly complied with by the police authorities, and the requested protection was extended to the petitioners. He, therefore, prays that the petition be disposed of in view of such compliance.

5. lhave perused the material on record

6. ln view of the fair admission of the learned counsel for the petitioners that the interim order directing porice protection has been fuily implemented by the respondents, it is evident that the grievance of the petitioners sta nds effectively redressed. J

7. However, considering the submission made by the learned counsel for the petitioners, in the event of any future interference or obstruction in the enjoyment of the property covered by the decree, it shall be open to the petitioners to avail appropriate remedies in law before the Executing Court or other competent authority, in accordance with the Code of Civil Procedure, 1908.

8. Accordingly, the Writ Petition stands disposed of, with the above liberty. There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed /ITRUE COPY// SD/. B.REKHA RANI ANT REGIS T ION OFFICER To, 1 .) J 4 The Principal Secretary, Home Department Secretarl The Commissioner of Po lice, Warangal CitY, Waranga The Supe rintendent of Police, Bhupalpally Jayashanka r District B hupalpally The Statio n House Officer, Bhupalpally Police Station, Bhupalpally Javashankar District S.,Hyderabad arangal District s. Orie CC to SRl. AJAY KUMAR MADISETTY Advocate [OPUC] 6. Two CCs to GP FOR HOME ,High Court for the State of Telangana at Hyderabad [OUT]

7. Two CD Copies BM BSR &e ) f. t-, T4 o ) i\ _L- t- ./.t 32 \) P4 .,t HIGH COURT DATED:1511012025 ORDER WP.No.17603 of 2017 : 'I : I i I I I i i I I I I I L DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,',7) 't kq t,-'

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