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2023 Supreme(Telangana) 736

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Lalitha Kanneganti, J.
Gadeela Srinivas Reddy - Appellant
Versus
State of Telangana - Respondent
Writ Petition No. 271 of 2020, 32891 of 2022
Decided On : 30-06-2023

Advocates appeared:
N.Naveen Kumar, Advocate, N.Manohar, Advocate, Jithender Rao Veeramalla, Advocate

The court affirmed that police protection can be ordered to implement civil injunctions, emphasizing the judiciary's role in upholding property rights against unlawful interference.

Headnote:(A) Constitution of India - Article 300 - Writ of Mandamus - Right to Property - Call for police protection - Petitioner sought a declaration that demolition actions by respondents were illegal and arbitrary, violating property rights; further requested police protection for possession. Court found that the respondent police failed to uphold injunction orders from lower courts despite several directives. (Paras 1-36)

Facts of the case:
The petitioners claimed illegal demolition of structures and interference in possession of property, asserting their right under the Constitution, while the respondents contended procedural legality of their actions. The case involved two writ petitions concerning possession lengths in the same survey numbers.

Findings of Court:
The court concluded that police must provide the requested protection, reinforcing the plaintiff’s rights established by earlier judgments. The rights confirmed in the original civil decree were prioritized. (Paras 25-31)

Issues: Whether the court could order police protection in civil disputes concerning property. (Para 6)

Ratio Decidendi: The court upheld its power under Article 226 to compel police action for enforcing civil orders. Relying on precedents, it ruled that police protection is warranted when ongoing threats to property rights persist despite existing court orders. (Paras 30-31)

Result: W.P.No.32891 of 2022 is allowed; W.P.No.271 of 2020 is dismissed with costs.

Table of Content
1. issuance of writ of mandamus. (Para 1 , 2 , 3)
2. background of ongoing civil disputes. (Para 4 , 5 , 6)
3. illegal interference by respondents. (Para 10 , 11 , 12 , 19)
4. role of police protection in civil disputes. (Para 15 , 16 , 18)
5. upholding judicial orders against the violation. (Para 28 , 29 , 30 , 31)
6. conclusion and orders on protection. (Para 36 , 37)

JUDGMENT

LALITHA KANNEGANTI, J. - W.P.No.271 of 2020 is filed by defendant Nos.2 and 3 in O.S.No.11 of 2014, to issue Writ of Mandamus to declare the action of the respondents, more particularly, respondent No.4 in trying to demolish the structures erected by petitioners and dispossessing them in respect of land admeasuring Ac. 0-11 guntas each in Sy.No.435/2 situated at Gundlapochampally Village, Medchal Malkajgiri District as illegal, arbitrary and violation of Right to Property under the Article 300 of the Constitution of India and consequently direct the respondent Nos. 2 to 5 not to demolish the structures in land admeasuring Ac 0-11 guntas each in Sy.No.435/2 situated at Gundlapochampally Village, Medchal Malkajgiri District.

2. W.P.No.32891 of 2022 is filed by the plaintiff in O.S.No.11 of 2014, to issue Writ of Mandamus to declare the action of the official respondents, more particularly, respondent Nos.5 to 7 in involving the civil disputes, thereby, threatening the petitioner to settle the matter with the respondent Nos.8 and 9 in respect of property covered under the judgment and decree dtd. 29/10/2019 in O.S.No.11 of 2014 on the file of the Principal Junior Civil Judge, Ranga Reddy District at Medchal, as it being illegal, arbitrary, unjust and in violation of principles of natural justice and consequently, direct respondent No.2 to take stringent action against respondent Nos.5 to 7 for committing constant interference in civil disputes by threatening the petitioner to settle the matter with respondent Nos.8 and 9, further, to direct respondent No.5 to provide police protection to the extent of land admeasuring Ac.1.00 guntas in Sy.No.435/1 Part, situated at Gundlapochampally Village, Medchal Mandal, Medchal-Malkajgiri District.

3. Before going into the respective submissions made by the counsel on either side, this Court deems it appropriate to dwell in to the few facts, which are necessary for adjudication of these matters.

4. The petitioner in W.P.No.32891 of 2022 has filed a suit in O.S.No.11 of 2014 seeking injunction restraining the defendants from interfering with the property admeasuring Ac.1.00guntas in Survey No.435/1 part situated at Gundlapochampally Village, Medchal Mandal, Ranga Reddy District. Along with the said suit he has also filed I.A.No.47 of 2014 seeking interim injunction restraining the defendants from interfering with the peaceful possession and enjoyment of the petitioner/plaintiff over the schedule mentioned property and the Court below vide order dtd. 22/4/2014 has granted ad-interim injunction. Aggrieved by the said injunction order, the defendants in the above referred suit have filed an appeal vide C.M.A.No.46 of 2014 and the same was dismissed by order dtd. 3/1/2017. Challenging the same, the defendants have preferred a revision vide C.R.P.No.1614 of 2018 and the same was also dismissed on 27/4/2018. In spite of the same, when the defendants were interfering with his peaceful possession over the schedule mentioned property. The petitioner herein, who is the plaintiff in the above referred suit, has filed an application i.e., I.A.No.685 of 2017 seeking police protection. Thereupon, the Court below by Order dtd. 8/3/2018, has directed respondent No.5 herein to provide police protection to the schedule mentioned property. Thereafter, the above referred suit was decreed on 29/10/2019 in favour of the petitioner. When respondent No.5 failed to grant police protection, the petitioner came up before this Court by filing W.P.No.11184 of 2019 wherein this Court by Order dtd. 25/6/2019 in I.A.No.1 of 2019 has passed a

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