The High Court · 2025
Case Details
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 ndamus declaring the in action of the Respondents in providing Writ of lice protection to the Petitioners for their peaceful possession, and implementation of the Judgment and Decree dated 05-10-2021 Original Suit No.178 of 2020 on the file of the court of the Principal passed in adequate e Junior Civil Judge At Gadwal, Jogulamba Gadwal District as illegal, improper, arbitrary ard unconstitutional and violative of the Rights Guaranteed under Articles 14, 1O & 6 and 300-A of the Constitution of lndia and consequently direct the Resporrdents to forth with provide adequate police protection to the petitioners fttr peaceful possession and enjoyment of the land i.e. to an extent of Ac.1.00 cents situated in Sy No.32lA of leeja Village and [t/andal, Jogulamba Gadwal Dislrict which is covered by Judgment and Decree dated 05-40-2021 passed in Criginal Suit No.178 of 2015 on the file of the court of the Principal Junior Civil Judge, Gadwal, Jogulamba Gadwal District by duly taking action against the Flespondent Nos.5 & 6 and their henchmen forthwith. lA 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 direct the Respondents trt forth with provide adequate police protection to the petitioners for peaceful possession and enjoyment of the land i.e. to an extent of Ac.1.00 centr; situated in Sy No.32lA of leeja Village and fvlandal, Jogulamba Gadwal District which is covered by Judgment and Decree dated 05-10-2021 passed in Original Suit No.178 of 2015 on the file of the court of the Principal Junior. Civil .ludge, Gadwal, Jogulamba Gadwal District by duly taking action against the Rrlspondent Nos.5 & 6 and their henchmen forthwith pending disposal of the above lvrit petition. Counsel for tlte Petitioner: SRI MOHD ASIFUDDIN Counsel for tlre Respondents Nos.1 to 4: GP FOR HOME Counsel for tlre Respondents Nos.S & 6: - - - The Court maCe the following: ORDER THE SRI JUSTIC v Writ Petition No .33283 of 2025 This u'rit petition is filed seeking ttre tbllovving prayer: "...d"eclaring the in action of tLrc Resporud.ents in prouiding adequate police protection to the petitk>ners Jor their peaceful possesslon enjctyment and implententation of the Jud.gment and Decree dated 05.10.2021 passed in Original Sutt No.17B of 2020 on the Jile of the court of the Principctl Juruior Ciuil Judge at Gadwctl, Jogulamba Gctclwal District as illegal, improper, arbitrary ctnd tmconstitutionql and uiolatiue of tLte Rigltts Guqranteed under Articles 74, 10 and 6 and 30O-A of the Constitutto,n of India and consequentlg direct the Respondents to forth with prouide udequale police protection to the petitioners fo, peaceful possession and enjogment of the lqnd i-e-, to an extent of Ac.1-OO cents situated tn Sg.Nct.32/ A of leeja Villctge and Mand.al, Jogulambct Gud wat District which is cctuered by Juciqrnent and" Decree dated 05.10.2021 passed in Original Sull No.17B of 2015 on the fite of the Court of the Prir,rcipal Junior Ciuil .lucige, Gariutal, JctgulantbQ Gadwal District by clul11 taking action ugctinst the Respond.ent Nos.S and 6 and. thetr henchmen..." i ! i i Jt ! I I I I I I € -t i 2 2- Heard learned counsel for the petitioner and learnr:d Assistant Government pleacler for Home appearing on behalf of respondent Nos. 1 to 4. with their consent, this writ petition is taken up lor disposerl. Notice to respondent Nos.5 anct 6 is hc,rcbv clispensccl u.ith. Il. The facts of the case irr brief as stated are that petitio.:rer No.1 claims to be absolute o\\'ner and possessor of lanc ir-r Sr'.No.l]2/A to an exlcnt of Ac.r-oo gts., in leeja Village and manctal, Jogulamba Gadu'ar Disrrict and the said land was sold to petitioner No.2 uid.e Doc.No.1469/2o2:; dated 18.06.2.o2s and petitioner No.2 name '!^ras also mutated in the revenue records. It is submitted that urhen respondent Nos.5 and 6 are interfering r,r,ith thr: peaceful pcssession of the petitioners, petitionr:rs have fiicd a suiir in o.s.No. 17Bl2020 on the file of Prl.Junior civil .Judge, Gad,"r,al and the triar court by order d,ated 05.i0.2,021 decreed the suit in favour of petitioners. Despitc granting decrce in favour of petitioners, responde:nt Nos.5 and 6 and their henchmen are interferir:g w'ith the propertSi of the petitioners. euestioning the same, the prcsent writ petition is filcd. J
4. The Sub-lnspector of Police ' Leeza Police Station hasplacedacop)'ofinstructionsthroughlearned Assistant Government Pleader lor Home and would submit that on the c<-rmplaint lodged by the petitioners, respondent Policehastakenupinvestigation.DuringtheCourseof investigation, it is re,u,ealed that there are disputes between petitioners and respondent Nos'S and 6 u'ith regard to land. As such, petitioners'complaint was closed as civil in natureandanoticedated0l.ll.2o21wasservedtothe petitioners and advised thc pctitioncrs to pursue remedies as available under larv. It is further submitted that with regard to Police Protection, the petitioners have not produced'anyordersfromtheCourtdirectingrespondent No.4 to Provide Police Protectron
5.Itispertinenttonotethatpetitionerhasfileda suit for declaration and perpctual injurtction in o.S.No.|Tsl2o2oonthefileofPrl.JuniorCivilJudge, GadwalandthetrialCourtbyorderdated05.lo.02l} I decreedthesuitwithcostsdeclaringtheplaintiffs (petitioners herein) as absolute owner of land in Sy.No.32/A to an extent of Ac' 1-00 gts', in leeja Village and I I i: l, t, I l: I mandar, Joguramba Gadr,r,ar District and granted perrrr&ne,t injr-rnction restraining defendant (respondent No.S herein) a.d his men from interfering into peaceful posse'ssion and e,.joymerrt of the propcrt.r'. Tl-re defendant there is responde.t No.S herein and the orders passed by the tr;al Court are binding on respondent No.5. (;. In that vie\,r, ol the matter, this ,u'rit petition is disposed of granr.ing ribcrt)' to trre petitioners to produce copy ol'order in o.s.No. lrB/2o2o datecl 05. r o.2021 before the respondent porice a.d rhe responrle,t porice are directe<l to considt:r the same after'erifving the order and the parr:ies and tht:reafter take appropriate action for grant of protection to the petitioners in the right of the orders passed in O.S.No. 178/2(J2ldated OS.lO.2O2L. Mir;cellaneous petitions, lte,cli'g, if &ny, shall stand closed. However, thcre shall be no orcler as to costs SD/.AHMED ABDULLAH KHAN ASSISTANT REGISTRAR 6 SECTION OFFICER /TRUE COPY// To,
1. The its Principal Secretary,Home Department, Secretariat, Hyderabad. 2. The superintendent of Police, Jogulamba Gadwal District. 3. The. circler lnspector of Police, Shanthi Nagar police Station, Jogulamba Gadwal District. 4' The Station House Officer, leeja Police Station, Jogulamba Gadwal District 5. One CC to SRt TVOHD ASIFUDD|N, Advocate [OpUC] 6. Two ccs to 9I FoR HotvE, High court for the State of rerangana at 7. Two CD Copies Hyderabad . [OUT] PMK BS \q- HIGH COURT DATED:0411112025 ORDER WP.No.3i3283 of 2025 I l ,t r{E S ' 24JAN2026 -k * DISPOSINIG OF THE WRIT PETITION WITHOUTCOSTS 1O .od'A &*