Gaigulla Veera Somulu v. 1. The State of Telangana

7. Gaigulla Sridhar, S/o. Saidulu, Age 26 y!)ars, Occ Agriculture, Rl/o. Velupucherla Village, Jajireddygudem [t/andal, Suryapet District B. Gaigulla Srinu, S/o. Saidulu, Age 24 years, Occ. Agriculture' Rl/o. Velupucherla Village, Jajireddygudem Mandal, Suryapet 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 writ, or writs, order or orders, direction, more particularly one in the nature of WRIT OF MANDAMUS declaring the action of Respondent No.3 in not taking action against the Respondents 4 to B who assaull on his wife by name Gaigulla Gangamma by interferi possession by preventing to enter into his land in respect k) Ac.1-04 Guntas in Sy.No. 214lEE and to an extent of Ac.O.: 214lAA2 total to an extent of Ac.1-38 Guntas situated at v Jajireddygudem lVlandal, Suryapet District even after decree on the file of Junior Civil Judge, Thungathurthy as I consequently to direct the Respctndent No.3 to provide prot€ implementing the decree in O.S.No. 16012021 dated 16-111 Junior Civil Judge, Thungathurthy by taking necessary Respondents 4 to B and preventing them from interfering w I enter into the lands to an extent of Ac.1 -04 Guntas in Sy. Nc extent of Ac.0-34 Guntas in Sy.No. 214lAA2 total to an exte. situated at Velupucherla Village, Jajireddygudem Mandal, Sur ( :d on Petitioner and rg with Petitioners land to an extent of zl. Guntas in Sy. No. :lupucherla Village, r O.S.No. 16012021 egal arbitrary and tion to Petitioner by 2022 on the file of action against the r the use of way to . 214lEE and to an of Ac.'1 -38 Guntas apet District. lA NO: 1 OF 2025 Petition under section 151 cPC praying that in the cirr; mstances stated in the affidavit filed in support of the petition, the High Court nay be pleased to direct the Respondent No.3 to provide protection to petitior ). by implementing the decree in o.S.No. 16012021 dated 16-12-2022 on thc, file of Junior civil Judge, Thungathurthy by taking necessary action against the lespondents 4 to B and preventing them from interfering with the use of way to er err into the lands to an extent of Ac.1-04 Guntas in sy.No. 214lEE and to an exter of Ac.0-34 Guntas in Sy.No. 214lAA2 total to an extent of Ac.1-38 Guntas situir :d at Velupucherla Village, Jajireddygudem [Vlandal, Suryapet District . Counsel for the Petitioner:SRl. MARINGANTI SANDEEpA Bl{ qRADWAJ Counsel for the Respondents No 1 To 3: AGp FOR HOME Counsel for the Respondents No 4 To 8: -- The Court made the following: ORDER THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR Writ Petition No.3OOS1 of 2025 This u,'rit petition is liied seeking the following prayer "...declaing the action of Respondent No.3 in not taking action against the Respondent Nos.4 to B tuho assaulted on petitioner and on his uife bg name Caigulla Gangamma bg interfeing with Petitioners possession bg preuenting to enter into his land in respect lo land to an extent of Ac. 1-04 Guntas in Sg.No.2 l4/ DE and to an extent of Ac.O- 34 Gts., in Sg.No.214/AA2 Lotal to an extent of Ac. 1-38 Gts., situated at l/e-lupucherla Village, Jajireddygudem Mandal, Sury apet Distrtct euen after decree in O.S.,Vo. 160/2021 on the file of Junior Ciuil Judge, Thungathurthy as illegal, arbitrary and consequently to direct the Respondent -l[o.3 to prouide protection to Petitioner by implementing tlrc decree in O. S. IVo. 1 60/ 202 I dated 16. 1 2.2022 on the Jile of Junior Ciuil Judge, ThungathurthU bU taking necessarA action against the Respondent Nos.4 to B and preuenting thent from interfeing uith the use of uag to enter into the lands to an extent of Ac. 1 -o4 Gts., in Sa. No-2 14/ EE and to an extent of Ac.O 34 Gts., in Sg.No.214/AA2 total to on extent of Ac- 1 38 Guntas situated at l/elupucherla Z Villaqt:, Jalireddygudem Mandal, Suryapet Distnct (subject land). . . " -

2. Heard lcarned counsel for the r,:titioner and learned Assistant Government Pleader for ll r-ne appearing on behalf oI respondent Nos. 1 to 3. With thr'i - consent, this writ petition is tal<en up for disposal. Notic,: 1o respondent Nos.4 to B rs dispensed with.

3. The facts ol' the case in brief arc hrat petitioner claims to be olr,ncr and possessor of subjer t tand and the petitioner's name \\ras entered in digital l zLssbook uide Passbook No.T2908O070 197. It is submit, <l that when responder-rt Nos.4 to B tried to interfere u,ith t re petitioner's possession, petitioner filed a suit for perpc r; injunction in O.S.No.160l2O2l on the file of Junio- Civil Judge, Thungathurth,y and the said suit was decree I against the respondent Nos.4 to 8 on 16.12.2022. t is further submitted tl-rat on 16.12.2024, when the pet I r(lner and his family members are going to the sult- r c:t land for agriculture, respondent Nos.4, 5 and others . rreatened the petitioner and his family members and al ;o physically assaulted them. It is the further case of p l.itioner that 3 again on 13.07.2025 respondent Nos.4 to B along with others attacked the petitioner, accordingly, petitioner approached respondent No.3 for lodging complaint. How,ever, respondent No.3 has not initiated any action against respondent Nos.4 to B despite submitting orders in O.S.No. 160l2O2l . Questioning the same, the present writ petition is iiled.

4. The Sub-h-rspector of police, Arvapally police Station, Surl.apet District has placed a copy of instructions through learned Assistant Government pleader for Home stating that basing on the complaint of the petitioner, respondent Police made a GD Entry a_nd taken up investigation. After completion of investigation, respondent Police registered a petty case on 29.Og.2O25 and filed a charge sheet on the tile of Judicial First Class Magistrate at Thungathurtl'ry. As such the allegation that respondent Police did not initiate any action is false and baseless. Along with the instructions, a copy of charge sheet has also been enclosed and the same is furnished to learned counsel for the petitioner. 4 \\'.----

5. In that vierv of the matter, since c.l rrgc sheet has - already bccn registered against the accusrr persons, this rvrit petitiorr is disposed ol rvith a directiotr to respondent authorities to follorv due procedure as cont' nplated under lau, for fr-rrther course oI action. It is n r tle clear that petitioner may avail appropriate remedy as e railable under lau,. Misccllaneous petitions, pending, if ar y, shall stand closed. Horvever, there shall bc rro order as tc rlosts. //TRUE coPYtt Sd/- AHTVII D ABDULLA KHAN ASSI ;TANTBEGISTRAR 1 i,I To SECTIYN OFFICER ' Il!"';'ilifal Secretary' Home Department, stare of rr: rngana, Secretariat, 2. The Superintend of police, Suryapet District. 3 The Sub-rnspector of porice, Aravapary p.S, At Aravapar, , suryapet District. 4. One CC to SRt IVARINGANTT SANDEEPA BHARADWA.T Advocate tOpUCl ' Iyi",.:ff.'io3i t,.HoME' Hish court for the stzr, of rerangana at 6. Two CD Copies DAN/MP o HIGH COURT DATED:1311012025 ORDER WP.No.30081 of 2025 (4'" '. 21 :..9\.r Eh IF * utc€t-r-, DISPOSING OF THE WRIT PETITION WITHOUT GOSTS -{' Jps h4