The High Court · 2025

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 writ order or direction more particularly one in the nature of Mandamus by declaring the action of the Respondent No.S in non-providing the protection to the life and liberty of the Petitioner as well as to the property of the Petitioner i.e. agricultural land Admeasuring Ac. 1-22Gts in sy. No. 73, admeasuring Ac.2-12Gts in Sy. No. 81 total to an extent of Ac.3-34Gts, which is situated at Amudalapalli Village of Shankarapatnam Mandal, Karimnagar District by implementing the Decree and Judgment dated 20-10-2010 in O.S. No. 184 of 2003 on thr: file of Prl. Junior Civil Judge Court at Huzurabad and non-initiating to control the illegal activities of the Respondent No.6 and 7 is highly illegal, arbitrary, unconstitutional and violation of Articles 14, 15, 2'l and 300-A of the Constitutior of lndia and also violation of the Principles of Natural Justice and consequently to direct the Respondent No.5 to provide the protection to the Petitioner and her life as well as to the subject land i.e. Admeasuring Ac. 1-22Gts in Sy. No. 23, admeasuring Ac.2-12Gts in Sy. No. 81 total to an extent of Ac.3- 34Gts, whi:h is situated at Amudalapalli Village of Shankarapatnam Mandal, Karimnagar District by implementing the Decree and Judgment dated 20- t 0-2010 in O.S. No. 184 of 2003 on the file of Prl. Junior Civil Judge Court at Huzurabad. lA NO: 1 Ol= 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavi: filed in support of the writ petition, the High Court may be pleased to direct the F:espondent No. 5 to provide the protection to the Petitioner and her life as well as to the subject land i.e. Admeasuring Ac. 1-22Gts in Sy. No. 73, admeasuring Ac.2- l 2Gts in Sy. No. 81 total to an extent of Ac.3-34Gts, which is situated at Amudalapalli Village of Shankarapatnam Mandal, Karimnagar District by implemernting the Decree and Judgment dated 20-10-2010 in O.S. No. 184 of 2003 on thr: file of Prl. Junior Civil Judge Court at Huzurabad, pending disposal of Writ Petitio r. Counsel for the Petitioner: SRI RAPOLU BHASKAR Counsel for the Respondent Nos. 1tos: AGP FOR HOME Counsel for the Respondent Nos. 6&7:- The Court made the following: ORDER -1 TT{E HONOURABLE SRI IUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.27792 of 2025 ORDER Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 5. With their consent, this writ petition is being taken up for disposal at the admission

2. This writ petition is filed aggrieved by the action of the Respondent No.5 in not providing protection to the life and liberty of the Petitioner as well as to the property of the Petitioner i.e., agricultural land Admeasuring Ac.122 guntas in Sy.No.73 admeasuring Ac.212 guntas in Sy.No.8L total to an extent of Ac.3-34 guntas which is situatecl at Arnudalapalli Village of Shankarapatnam Mandal Karimnagar District (hereinafter referred as'subject land') by implementing the Decree and ]udgment dated 20.10.2010 in O.S.No.184 of 2003 on the file of Prl. Junior Civil Judge Court at Huzurabad and not controlling the illegal activities of the Respondent Nos.6 and 7 as highly illegal, arbitrary, unconstitutional and violation of Articles 74,75, 27 and 300-4 of the Constitution of India and also violation of the Principles of Natural Justice with a consequential prayer to direct the Respondent No.5 to provide the protection to the Petitioner and her life as well as to the subject land i.e., admeasuring Ac.122 guntas in Sy.No.73 admeasuring Ac.2l2 guntas in Sy.No.8L total to an extent of Ac.3-34 guntas is situated at Amudalapalli Village of Shankarapatnam Mandal Karimnagar District by implementing the 2 Decree and Judgment dated 20.10.2010 in O.S.No.184 of 2003 on the file of prl. Junior CivilJudge Court at Huzurabad.

3. The brief facts of the case as stated in the affidavit are that the petitioner c:laims to be pattedar, possessor and enjoyer of the subject land and the said larrd was gifted by her mother by way of Gift Settlement Deed No.767 of 200L on the file of S.R.O.Beemadevarapally, dated 24.07.2001and thereafter revenue authorities mutated the name of petitioner in all revenue records and issued the Pattedar pass book vide Pattedar Pass Book No.224274 and Khata No.468 antl Title Deed No.224274 Patta No.468 as such she is enjoying the above proPerty without any interruption from anybody in the village. It is further sutrmitted that respondent No.6 is her sister in law a^d respondent No.7 is her villager and in fact earlier her father sold the land to an extent of Ac.1-00 guntas to respondent No.7, accordingly he has been cultivating his land, as su:h he is har.ing the lands near to her land, accordingly, respondent Nos.6 and 7 approached the petitioner and demanded to sell her land to them on cheaper ratc and the same was denied by the petitioner. Thereafter, they started intr:rfering into the peaceful possession of the subject land and they are creating panic situation and interrupting the agricultural operations, due to which petitioner approached the prr. Junior Civil Judge Court at Huzurabacl and filed suit of injunction against the respondent Nos.6 and 7 vide o.s.I.lo.184 of 2003 and the same was decreed vide order dated 20]02070' Thereafter, respondent Nos.6 andT stopped their illegal activities for a perird of 2 to 3 years but again started illegal interference into her 3 . peaceful possession and cultivation of the said land, as such petitioner approached respondent No.5 and made representation on 01..07.2025 requesting to provide the protection to her life and to her property by implementing the decree and judgment dated 20.10.2010 in O.S.No.184 of 2003 on the file of Prl. Junior Civil ]udge Court at Huzurabad but, respondent No.5 did not consider the said representation and did not provide protection. Questioning the same, the present writ petition is filed. 4- Learned Assistant Government Pleader appearing for Home has submittecl written instructions submitted by Sub-lnspector of Police, Keshavapatnam Police Statiory Karimnagar Commissionerate wherein it is submittecl that the petitioner has sent a petition dated 01..07.2025 by registered post to 5th respondent-Station House Officer, Keshavapatnam Police Station and the same was received on 06.08.2025, based on the said petition, 5tL respondent made G.D entry on 06.08.2025 at LL00 hours. It is further submitted that enquiry on the said petition is pending and after completion of enquiry, appropriate action will be taken in accordance with law.

5. Learned counsel for the petitioner has drawn attention of this court to the complaint given to Station House Officer, Keshavapatnam Police Station dated 01,.07.2025 and stated that the said complaint was marked to other respondents also. It is further submitted that the said complaint was made requesting to provide protection to her agricultural lands and also to implement the decree and judgment dated 20.10.2010 in O.S.No.184 of 2003 4 on the filt: of Prl. Junior Civil Judgg Court at Huzurabad and also to control the illegal activities of respondent Nos.6 andT who are trying to trespass into her land lly creating panic situation and trying to kill the petitioner to grab her land 6' On a perusal of the complaint, the said complaint was made to provide protectiorL to petitioner as well as to her agricultural lands but, no where in the complaint there is any mention that respondent Nos.6 and 7 have attemptec. to kill the petitioner in order to grab her land. At this juncture, learned c<lunsel for the petitioner has fairly admitted that the complaint was made onl'r for the protection of the agricultural land in terms of orders passed in O.S.No.784 of 2003 dated 20.10.201,0. On a perusal of the orders passed in O'S.No.18 4 of 2003 dated 20.70.201.0, it reveals that the learned trial Court decreed the suit directing the defendants and their men etc., permanentry restrained from interfering with the peacefur possession and enjoyment of plaint sch:dule property by plaintiff.

7. In that view of the matter, since the complaint dated 01.07.2025 is silent on the aspect that the respondent Nos.6 and z have attempted to attack on the petitioner life and the said fact has been fairly admitted by the learne:d counsel for the petitioner, no mandamus can be issued in terms of the Prilyer sought by the petitioner and the writ petition is liable to be dismissect.

8. Acr:ordingly, the present writ petition is dismissed 5 Miscellaneous applications, if. any'pending, shall stand closed. No order as to costs SD/.- L. VIJAYA ISTANT /ffRUE COPY/ SECTION OFFICER \ To, TJ

1. One CC to Sri Rapolu Bhaskar' Advocate [OPUC] zTwoCCstoGPforHome,HighCourtfortheState of Telangana, at HYderabad [OUT]

3. Two CD CoPies o4 HIGH COURT DATED:2310912025 ORDER. WP.No.27792 ot 2025 ,''tI lii: $i4. (. Ak, * 2 I [tB 2026 * F'ATC DISMISSING THE WRIT PETITION WITHOUT COSTS "\p y,c