✦ High Court of India · 02 Sep 2025

The High Court · 2025

Case Details High Court of India · 02 Sep 2025
Court
High Court of India
Decided
02 Sep 2025
Length
1,751 words

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 an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No 6 in non- providing the protection to the petitioner life and liberty and his agriculture land in Sy No' ,12AA to an extent of Ac. 0. 14 gts, Sy. No. 1 13E to an extent of Ac. 3. 05 gts, Sy. No. 3O5AA to an extent of Ac 0' 12 gts' Sy No 305E to an extent of Ac 0' f 2 gts, SV. No. 306E to an extent of Ac' 0 '16 gts' Sy No 30BA to an extent of Ac. O. 24gts, Sy. No 360 to an extent of Ac' 0' 15 gts totaling to an extent of Ac' 5. 1B gts which is situated at Thonda Revenue Village' Thirumalagiri Mandal' Suryapet District, and non- initiating to control the illegal activities of the respondent Nos. 7 to 10, who are trespassing into the land of the petitioner and creatingpanicsituationsandtryingtokillthepetitionerishighlyillegal,arbitrary' unconstitutionalandviolationofPrinciplesofNaturalJusticeandalsoinviolation ofArticles,l4'21and300-AoftheConstitutionoflndiaandconsequentlydirect therespondentNo.6toprovidetheprotectiontothepetitionerlifeandlibertyand his agriculture land in Sy No' 1 '12AA to an extent of Ac 0 14 gts' Sy No l '1 3E to an extent of Ac. 3 05 gts, Sy No 305AA to an extent of Ac O 12 gts' Sy No' 305E to an extent of Ac 0 12 gts' Sy No 306E to an extent of Ac O' 16 gts' Sy' No.30BAtoanextentofAc.0.24gts,Sy.No.360toanextentofAc.0.15gts totaling to an extent of Ac 5 18 ' - gts which is situated rat Thonda Revenue Village,Thirumalagiritrilandal,suryapetDistrict'andtocontroliheittegatactivities oftherespondentNos.Ttol0,whoaretrespassingintothelandofthepetitioner andnottocreatepanicsituationsandtryingtokillthepetitioner. l.A.NO:1 oF 2025 Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition' the High Court may be pleased to directtherespondentNo.6toprovidetheprotectiontothepetitionerlifeand libertyandhisagriculturelandinSyNol'l2AAtoanextentofAc'014gts'Sy' No. 113E to an extent of Ac. 3 05 gts' Sy No 305AA to an extent of Ac 0 12 gts, Sy. No. 305E to an extent of Ac 0 12 gts' Sy No 306E to an extent of Ac' 0 16 gts, Sy. No. 3O8A to an extent of Ac 0 24 gts' Sy No 360 to an extent of Ac

0. 15- gts totaling to an extent of Ac, s. 1g gts which is situated at rhonda Revenue Village, Thirumalagiri Mandal, suryapet District, and to control the illegal activities of the respondent Nos. 7 to 10, who are trespassing into the land of the petitioner and not to create panic srtuations and trying to kill the petitioner pending disposal of the writ petition. Counsel for the Petitioner : SRI RAPOLU BHASKAR Counsel for the Respondent Nos.-l to 6 : AGp FOR HOME Counsel forthe Respondent Nos.7 to g : -- The Court at the stage of admission made the following ORDER t - THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR W'RIT PETITION No.26215 of2O25 ORDER Heard learned counsel for the petitioner and M Srinivas' learned Assistant Covernmcnt Pleader for Home appearing for respondent Nos l to 6' With their consent this writ petition is taken up for disposal at the admission stage itself.

2. This writ petition is fiied seeking following Prayer:- " to tleclare tlrc nction of the respondent No 6 in non-prot'irling tlrc ltrotection to Llte petitioner life nnd tiberty nnd his ngrturlture Land 'trr Sy No.172AA. rc nn extent of Ac.0 14 gts, Sy'No 113E' to an exte,it of Ac.3.05 gts, Sy'No.3\5AA to nn extent of Ac 0 72 gts' Sy.No.:bSe b rmixtent'of Ac.0.72 gts, Sy No 306E to^nn ettent of A'c.0.'16 gts,Sy No.308A to an extent of Ac'0'24 gts, Sy- No 360 to tm exteni of A'c.0.15 gts, totaling to nn extent of Ac 5-'18 gts' lhich rs sittntei at Thoncln Reoeni Village, 'l-hinunalagiri Mnndal' Suryapet District ancl non initiating to control tle il[egnl nL:tittities o.f tlhe respondeti Nos.7 to 10 ruho nre ttespassing ittto tlrc lnnd of irc petiti'oner cmd creating panic sihrnlions nnd trying to kill the petiiiotrcr is highty illegal, arbitrtry, unconstitutionnl a-nd r'lo,lntion 'o.i Principles oi Nantal Justice and nlso in piolatiort of Arhcles 14' it anrl iOO A o.f the Constitution of lntlin and consequently direct tlLe responrlent No.6 to prottide the protection to the petitioner life nntl liberty and his agricttlture land in Sy No 112AA to tn extent of Ac.0.14 gts, Sy.No.inE tu on extent of Ac'3'05 gts, Sr'No 305AA b an e;rle oi a, O.tz gts, Sy.No.305E to an extent of Ac 012 gts' Sy,No.306E Lo an ertenl of Ac.0.16 gts, Sy No'308A to an extent of ic.0.24 gts, Sy.No.360 to an extent of Ac 0 15 gts, totnliry to an ettent oi Ac.S.-18 gts, ruhich is situated nt Thondn Rez'erurc VillnSe' 'thirumahgiri Mindnt, Surynpet District and to control Lhe illegal nctioities o"f tlrc respondent Nos.7 to 10 uho nre trespassing ittto the lilru|of the Petitionrr nnd not to create pnnic situntions nnd trying to kill tlrc Petitioner '" tsrief facts stated in this writ petition are that petitioner claims to be tl-re orryner ancl posBesoor of land total admeasuring to an cxtent of Ac.5.1B gts i.e., 2 Ac.0.14 gts in Sy.No.112AA, Ac.3.05 grs in Sy.No.113E, Ac.0.12 grs ir1 Sy.No.305AA, Ac.0.72 gts in Sy.No.305EE, Ac.0.j6 gis in Sy.No.3 06E, Ac.0.24 gts in Sy No.308A, Ac.0.15 gts i. Sy.No.360, situared at Thonda Revenue Village' Thirumalagiri Manclal, suryapet Districi. lt is further stated that petitioner''s name was mutated in all revc^ue rcc.rtls and digitar patta prss book was issued in petitioner's favour. The case of the petitioner is that respondent Nos.7 and g having lands in Sy.No.132, intented to grab petitioner's rand and are trying to dispossess trre petitioners from the subject property and arso disturbed the agriculturar operatior-r. Hence, petitioners fired OS.Nos.8O of 2024 and g2 of 2024 on the filc of learnccl Junior Civil Judge, at Thungathurthy (hereinafter referrecl as ,Trial Court,) ancl the Triar Couft aide interim order clated 72.0g-2024 in I.A.No.215 0f 2024 ino.s.No.BO 0f 2024 and I'A No'219 of 2024 in o.s.N o.g2 0f 2024, restrainecl the respondent Nos.7 and B from interfering with the petitio,er's peacefur possession over trre subject property. It is further sated that inspite of the interiml qrder dated dated 1'2'08'2024 in I A No.215 of 2024 in o.s.No.S0 of 2024 and I.A.No.21g of 2024 in O.S.No.S2 of 2024, the respondnet Nos.Z to 10 trespassed tl_re subject property and beat the petitioner with sticks and stones ancl arso tried to k,r him. Hence, the petitioner on 05'07 '2025, made a ,cpresentation and requested responclent authorities to provide police protection to him and subject property. However, till date no protection is provided. Aggrieved by the same, this writ petition is filed. , J L I_earned Assistant Government Pleader for Homc' appearing for rcsponclcnts Nos.1 to 6 placed on record instructions issued bl' sub-Inspcctor of police, Tirumalagiri Police station, suryapet District, wherein it is stated that on petitioner's complaint, respondent No 6 registered Crime No'181 of 2025 under Sectitrn 31g,324,775,731,356,351,,224,73 read with 3 (5) of Bharatiya Nagarik suraksha sanhita,2023 (herein after referred as'BNSS',) datecl 16-08.2025, against rcsponrlcnt Nos.7 to 10. During the course of investigation' the investigation I oif icer atlc'lresscd a letter d.ated 26.08.2025 to the Mandal Revenue Of ficer (MRO), Tirumalgherv, Survapet District, requesting him to furnish the owncrship antl possession tletails of the subject lands and accordingly, the MRO' stated that a{tcr conducting dernarcation, the report will be furnished. It is further submitted that aftcr firralizing the investigation, an appropriate report will be filed before the concerned court. with respect to providing police protection, it is submitted thar the Trial Court t,rde interim order dated 72.08.2024 in I.A-No.215 of 2024 in O.S.No.S0 ol 2024 ancl t.A.No.218 of 2024 in O.S.No.82 of 2(h4, restrained the respondentNos.Tand8frominterferingwiththePetitioner,Speaceful possessiot-t over the subject property, however, no orders were passed to provide police protection. lt is further stated that the petitioner, with respect to providing police protection, clid not obtain any specific orders from the Trial court'

5. Having considered the above and in view of the fact that the Petitioner hacl not obtained an\r order from the Trial Court with regard to police Protection ancl since the os.Nos.80 of 2024 and 82 of 2024 are pending before the Trial 4 Cour t, this Court cleems it appropriate to clispose oI the writ petitioll liberty to petitioner to pursue his remedy before the Trial Court. granting

6. With the above obscrvation, this wrii petitior_r ts disposcd of Miscellaneous applications, if any pending, shall stancl closed No order as to costs. To //TRUE COPYII SD/.MOHD. ISMAIL DEPUTY REGTSTRAR a SECTION OFFICER s uperintendeni I l[:{;ff 53L3;xfilT;!'s[;u?:o' n'""t' secreta ria t Buirdins secretaria r. z. lne Director General ofPolice, Telangana State. Hyderabad. 3. The S uperintendent of potice,- bury;pEi' Sliyri,".;t' bi.,r,.t. o. t F"ril{ s'ri] JEi6i J,.,"", surya per, suryapet 5[:,.3i0r,, l[:r:ir:," Inspector of potice, Nagaram Circte, Nasaram Mandat, Suryapet The Station House officer Thirumaragiri porice Station, suryapet District. Iy."":,";l:fitiP^ HoME, H"h c;"u; i""..'r';;"sl:l;'or reransana at One CC to Sht RAPOLU BHASKAR, Advocate tOpUCl Two CD Copies "r 6 7 BI SA GJP HIGH COURT DATED:0 2llgl2025 l _-___:i\,::t,:r.-\ ' '-, I t.- r^ \, (. 1B STP 2tr6 ,/' * ;ta, ,:J * ORDER WP.No.26215 of 2025 DISPOSING OF THE W.P AT THE STAGE ADMISSION WITHOUT COSTS. lr( \

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