The High Court · 2025
Case Details
Acts & Sections
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 ,, i--;E'Elr;r.sj Writ of Mandamus declaring the in action of the Respondent Nos 2lo 4 in taking action against the Respondent Nos. 5 to B and their henchmen and registering case(FlR) for their illegal, highhanded acts and trespassing into the petitioners' land and trying grab the same and further declaring the in action of the Respondents 2 to 4 in providing adequate police protection to the Petitioners for their peaceful possession, enjoyment of the land to an extent of Ac.3.20 cents situated in Sy No.31 lB2l1 of leeja Village and Mandal, Jogulamba Gadwal District in spite of petitioners several approaches, requests, oral and written complaints as illegal, improper, arbitrary and unconstitutional and violative of the Rights Guaranteed under Articles 14, 10 AND 6 and 300-A of the Constitution of lndia and contrary to the procedure contemplated under the provisions of BNSS. lA NO: 1 OF 2025 Petition underSection 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 to forth with provide adequate police protection to the petitioners for peaceful possession and enjoyment of the land i.e. to an extent of Ac.3.20 cents situated in Sy No.31/B2l1 of leeja Village and.Mandal, Jogulamba Gadwal District by duly taking action against the Respondent Nos.5 to 8 and their henchmen forthwith pending disposal of the above writ petition Counsel for the Petitioners : SRI MOHD ASIFUDDIN Counsel for the Respondent Nos. 1 to 4: GP FOR HOME Counsel for the Respondent Nos. 5 to 8 : ----- The Court made the following: ORDER ,/ THtHoNoURABLEsRIJUSTICEN.V.SHRAVANKUMAR WRIT PETITION No'33321 of 2O25 ORDER: Heard learned counsel appearing for the petitioners and learned Government pleader for Home appearing for respondent Nos.1 to 4' with their consent, this writ petition is being taken up for disposal'
2.Thiswritpetitionhasbeenfiledquestioningtheactionofthe respondent Nos.2 to 4 in not taking action against the respondent Nos.S to 8 and their henchmen and registering case (FIR) for their illegal,highhandedactsandtrespassingintothepetitionerslandand tryingtograbthesameandfurtherd'eclaringtheactionofthe respondentNos.2to4innotprovidingadequatepoliceprotectionto thepetitionersfortheirpeacefulpossession,enjoymentofthelandto an extent of Ac.3-20 cents situated in sy.No.3llBll of Leeja village and mandal, Jagulamba Gadwal District inspite of petitioners several approaches, requests, oral and written complaints as being illegal' improper, arbitrary and unconstitutional and violative of the Rights Guaranteed'underArticles14,1o,6and3oo-AoftheConstitutionof Indiaandcontrarytotheprocedurecontemplatedunderthe provisions of BNSS. Learned counsel for the petitioners submits that the petitioner 3. No.l has atready filed a suit vide o.s.No.99 of 2o2o pending before the court of I Additional Junior civil Judge-cum-I Additional Judicial Magistrate of First class, Gadwal and in the said suit I'A'No'136 of i \ I I I i i i 2 2o2o was filed seeking ad-interim injunction. The court by order dated 28.02.2023 has extended the Ad-Interim Injunction untir further orders. Learned counsel for the petitioners further submits that the defendant Nos.1, 3 and 4 therein arc respondent Nos.5 to 7 in the present writ petition. Though there is Ad-lnterim Injunction order restraining the un-official respondents from interfering into the petitioner's propert5r, un-official respondents have violated the Court orders and that for implementation of the court order, the petitioner No.1 had made a complaint on 3r.or.2025 to the respondent No.4.
4. Learngd Assistant Government pleader appearing for Home on oral instructions of the sub-Inspector of police, Leeja police Station submits that the petitioners may approach the respondent No.4 with the copy of the Ad-Interim Injunction order dated 2g.02.2023 passed in I-A.No.136 of 2o2o in o.s.No.99 of 2o2o and respondent No.4 *ould consider the same
5. In that view of the matter, this writ petition is disposed of with consent granting liberty to the petitioners to furnish a copy of the order dated 28.02.2023 passed in I.A.No.136 of 2o2o in o.s.No.99 of 2o2o by learned I Additionar Junior civil Judge-cum_l Additional Judicial Magistrate of First crass, Gadwar and upon furnishing of the said order, the respondent No.4 is directed to consider the same and take appropriate action strictly in accordance with law. _--.-l 3
6. With these observations, writ petition is disposed of. No order as to costs. Miscellaneous applications, if any pending, shall stand closed To, //TRUE COPY// SD/.M. OSMAN ALI BAIG ASSISTANT REGISTRAR 6 SECTION OFFICER
1. Inp Principal secretary, Home Department, secretariat, The State of Telangana, Hyderabad.
2. The Superintendent of Police, Jogulamba Gadwal District. 3. The Circle 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 SRl. MOHD ASIFUDDIN, Advocate [OPUC] 6. Two ccs to GP FoR HOME, High court for the State of rerangana. [ourJ 7. Two CD Copies PVL LS Yt- \ .i): _. HIGH COURT DATED:06/1 112025 ORDER 3 WP.No.33321 ot 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,.e 10 X<a,