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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

THURSDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY ONE PRESENT THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION NO: 18178 OF 2021 Between:

B. Venkatrama Reddy, S/o B.Balakrishna Reddy Aged about 61 years Occ. Agriculture R/o Sslngotam vialge, Kollapur ltlandal, Nagarkurnool 0,.]ffti,r,or=*

AND

1. The State of Telangana, Rep.by its Principal Secretary, Home Department, Secretariat Buildings, Hyderabad.

2. The Superintendent of Police, Nagarkurnool District Nagarkurnool.

3. The Deputy Superintendent of Police, At Nagarkurnool, Nagarkumool district

4. The Station House officer, Kodair Police Station, Kodair Post and lt/landal Nagarkumool district.

5. The Tahsildar, Kodair lr,4andal, Kodair Nagarkurnool district.

6. T.Ramulu, S/o T.Venkataiah R/o Yettam village, Kodair ft/andal Nagarkurnool d istrict.

7. T.Balaswamy, S/o T.Ramulu R/o Yettam village, Kodair l\,4andal Nagarkumool district ...RESP.NDENTS 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 order or direction more particularly one in the nature of WRIT OF MANDAIMUS declaring the inaction of the Respondents 2 to 4 in providing Police Protection to the Petitioner and his land to an extent of Ac. Ac.21-21 guntas situated in Yettam village, Kodair It4andal, Nagarkurnool district basing on the complaint made by the petitioner dated 2-7 -2021 and received the same on the same day and also complaint filed before the 2nd respondent on 7-7-2021 is illegal, arbitrary, u nconstitutio na I and violation of Articles, 14,21 and 300A of the Constitution of lnd ia IA NO: 't OF 2021 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 2 to 4 to Provide Police Protection to the Petitioner and his Iand an extent of Ac.21-21 guntas situated in Yettam village, Kodair Mandal, Nagarkurnool district basing on the complaint made by the petitioner dated 2-7 -2021 and 7-7-2021 pending disposal of the main Writ Petition Counsel for the Petitioner: SRI MOHD GULAM RASOOL Counsel for Respondent.Nos. 1 to 4: GP FOR HOME Counsel for Respondent No. 5: GP FOR REVENUE Counsel for Respondent Nos. 6 &7: -- The Court made the following: ORDER HON'BLE SRI JUSTICE ABHINAND KUMAR SFIAVILI W.P.No.18178 of 2021 '

ORDER:

This Writ Petition is hled seeking the foliowing :elief:

to issue w t, order or direction more particularly one in thr nature of WRIT OF MANDAMUS declaring the inaction of thc Respondents 2 lo 4 in Providing Police Protection to rhe Petitioner and his land to an extent ofAc.21_21 guntas situateJ in Yettam village, Kodair Mandal, Nagarkurnool Distric:, basing on thc complaint made by the Petitioner d^ted 2.'7 2021 and received the samc on (he same day and also complaint filcC bcrore the 2^d respondenl on 1.1 2021 is illegal, arbitrar', unconstitutional and violation of Articl€s 14, 21 and 300-A of the Constitution of India and Pass such othcr order or orders as th s Hon'ble Court may dcem fit and prcper in rhe.-tgg'1'13nijt5 'rf

02. Heard Sri Mohd. Ghulam Rasool' leartled counsel appearing for the petitioner' learned Government Pleader for Home appearing for resPondent Nos'1 to 4 and learned Government Pleader for Revenue appearing for respondent No.5.

03. The grievance of the petitioner is that he is the absolute owner and possessor of total agriculture lanrl to an extent of Ac.Zl-2lguntas in Sy.No.229 to an extent of Ac.13-.i6 guntas and also in Sy.No,230 to an extent of Ac.7-35 guntas situated at Yettam Village, Kodair Mandal, Nagarkurnool District When the un-official respondeflts were tq/ing to encroach upo;r his land, he filed O.S.No.828 ol 2019 before the Judicial First Clars Magistrate, Kollapur, Nagarkutnool District and obtained interim iniunction on 6.5.2019, In spite of the same, the un-official re,:pondents are trying to encroach uPon his land, he filed a cdminal case against the un-official re sponde nts and the same was registe re d AS Cr.No.20 of 2021 of Kodair Police Station. In spite of crime being tegistered against the un-official respondents, the un-official respondents afe threatening tl-re petitioner, he filed I.A.No.526 of 2019 in O.S.No.82 ol 2019 seeking police protection. But the Judicial First Class Magistrate, Kollapur, Nagarkurnool District, has not passed any orders thereon, Hence, the petitioner submitted a detailed representation to the respondents on 02.07.2021 requesting the official respondents to provide police protection as the Court belou'has granted injunction orders in his favour.

04. Learned counsel for the petitioner contended that since the un-official respondents are threatening the petitioner with dire consequences, appropriate orders be passed in the writ petition directing the official respondents to consider the representation dated 02.07.2021 submitted by the petitioner.

05. Learne d Government Pleader appearing for the respondents contended that at the instance of petitioner, the olficial respondents have registered a case in Cr.No.2O ol 2021 and investigation is going on. It is further contended that without there being any Court order in the application filed by the petitioner seeking police protection, the official respondents cannot grant police protection to the petitioner. It is further contended that if only the Judicial First Class Magistrate, Kollapur, dirccts the respondents to provide polce protection by considering J the application I'A.No.526 of 2019, then the respontlents would consider the case of the petitioner. There are no merils in the writ petition and the same is liable to be dismissed'

06. Having considered the rival submissions made by the learned counsel on either side, this Court is of the view that the petitioner has already filed I'A.No.526 of 20L9 ser:king police protection. Pending the said application, he cat-'not file the present writ petition. If the petitioner aggrieved tha: the Judicial First Class Magrstrate' Kollapur, Nagarkurnool Dir;trict, is not passing any order in I.A.No.526 of 2079, in spite of lapse o[ two years, the remedy available to the petitioner is to fil': a C'R'P' to pursue the pending application. This Coutt is no t inclined to interfere with case and the writ petition is liable to be disrnissed.

07. Accordingly, the Writ Peti

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