The court emphasized the necessity of seeking police protection through the trial court amidst ongoing investigations relating to property rights.

ORDER

Heard learned counsel for the petitioner and M.Srinivas, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 3. With their consent this writ petition is taken up for disposal at the admission stage itself.

2. This writ petition is filed seeking following prayer:-

“to declare the action of the 3^rd Respondent in interfering with the petitioner’s ongoing construction of the house pursuant to the building permission obtained from the Wanaparthy Municipality Wanaparthy District dt 22.11.2023 and the Letter of Commencement of Work obtained dt 25.11.2023 for his Plot No.232 in Sy No.945/AA/E and No.984/A/E admeasuring 110 sq.yards at Gayathri Nagar, Wanaparthy, Wanaparthy District, at the instance of Respondent Nos.4 to 7 inspite of registering complaint against the 4^th respondent in FIR No.59 of 2025 dt 15.03.2025 and during the subsistence of injunction against the Respondent Nos.5 to 7 in I.A No.10 of 2024 in O.S No.8 of 2024 dt 04.07.2025 without recourse to law, as illegal, arbitrary, unconstitutional and contrary to the provisions of Municipalities Act and infringes the rights of the petitioner under Article 14, 21 and 300A of Constitution of India and consequently direct the 3rd respondent not to interfere with the ongoing lawful construction of the petitioners building pursuant to the building permission dt 22.11.2023 and the letter of approval dt 25.11.2023 at the instance of Respondent Nos.4 to 7 by granting protection to the petitioner.”

3. Brief facts stated in this writ petition are that petitioner claims to be owner and possessor of Plot No.232, admeasuring 150 sq.yards, in Sy.No.945/AA/E and No.984/A/E, situated at Gayathri Nagar, Wanaparthy, Wanaparthy District, having acquired the same through registered sale deed bearing document No.304 of 2023 dated 24.12.2022. Thereafter, the petitioner by obtaining necessary permission from the concerned authorities started construction of ground + 1 upper floor on the subject land. The case of the petitioner is that respondent Nos.5 to 7 started interfering with the petitioner’s peaceful possession over the subject property. Hence, the petitioner has filed O.S.No.8 of 2024, on the file of I Additional Judicial Magistrate of First Class at Wanaparthy (hereinafter referred as ‘Trial Court’). The Trial Court in I.A.No.10 of 2024 in O.S.No.8 of 2024, restrained the respondent Nos.5 to 7, from interfering with the petitioner’s peaceful possession over the subject land. Inspite of the aforesaid order, respondent Nos.4 to 7 trespassed the subject property and obstructed the ongoing construction. Hence, the petitioner on 15.03.2025, lodged a complaint and the respondent authorities registered FIR No.59 of 2025 dated 15.03.2025. It is further submitted that since the investigation is pending in FIR No.59 of 2025, petitioner requested the respondent authorities to provide police protection to the petitioner and subject property. Further case of the petitioner is that till date neither investigation is completed nor police protection is provided to the petitioner and the respondent No.3 is trying to settle the dispute between the parties.

Aggrieved by the same, this writ petition is filed.

4. Learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 3 placed on record instruction issued by the Sub Inspector of Police, Wanaparthy Town Police Station, Wanaparthy District, wherein it is stated that on petitioner’s complaint FIR No.59 of 2025 dated 15.03.2025 was registered under Section 329 (3), 324(4), 352, 351(2), 292 BNS and during the course of investigation, respondent No.3 visited the scene of offence and collected evidence. It is further submitted that the matter is under investigation for examining some more witnesses and collection of evidenc