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2025 Supreme(Online)(Tel) 38940

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
K.Shiva Raju – Appellant
Versus
The State of Telangana – Respondent
WP 33283/2025



THE HON’BLE SRI JUSTICE N.V.SHRAVAN KUMAR Writ Petition No.33283 of 2025 This writ petition is filed seeking the following prayer:

“…declaring the in action of the Respondents in providing adequate police protection to the petitioners for their peaceful possession enjoyment and implementation of the Judgment and Decree dated 05.10.2021 passed in Original Suit No.178 of 2020 on the file of the court of the Principal Junior Civil Judge at Gadwal, Jogulamba Gadwal District 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 India and consequently 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.1-00 cents situated in Sy.No.32/A of leeja Village and Mandal, 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 Judge, Gadwal, Jogulamba Gadwal District by duly taking action against the Respondent Nos.5 and 6 and their henchmen…”

2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing on behalf of respondent Nos.1 to 4. With their consent, this writ petition is taken up for disposal. Notice to respondent Nos.5 and 6 is hereby dispensed with.

3. The facts of the case in brief as stated are that petitioner No.1 claims to be absolute owner and possessor of land in Sy.No.32/A to an extent of Ac.1-00 gts., in leeja Village and mandal, Jogulamba Gadwal District and the said land was sold to petitioner No.2 vide Doc.No.1469/2025 dated 18.06.2025 and petitioner No.2 name was also mutated in the revenue records. It is submitted that when respondent Nos.5 and 6 are interfering with the peaceful possession of the petitioners, petitioners have filed a suit in O.S.No.178/2020 on the file of Prl.Junior Civil Judge, Gadwal and the trial Court by order dated 05.10.2021 decreed the suit in favour of petitioners. Despite granting decree in favour of petitioners, respondent Nos.5 and 6 and their henchmen are interfering with the property of the petitioners. Questioning the same, the present writ petition is filed.

4. The Sub-Inspector of Police, Leeza Police Station has placed a copy of instructions through learned Assistant Government Pleader for Home and would submit that on the complaint lodged by the petitioners, respondent Police has taken up investigation. During the course of investigation, it is revealed that there are disputes between petitioners and respondent Nos.5 and 6 with regard to land. As such, petitioners’ complaint was closed as civil in nature and a notice dated 01.11.2025 was served to the petitioners and advised the petitioners to pursue remedies as available under law. It is further submitted that with regard to Police Protection, the petitioners have not produced any orders from the Court directing respondent No.4 to provide police protection.

5. It is pertinent to note that petitioner has filed a suit for declaration and perpetual injunction in O.S.No.178/2020 on the file of Prl.Junior Civil Judge, Gadwal and the trial Court by order dated 05.10.021 decreed the suit with costs declaring the plaintiffs (petitioners herein) as absolute owner of land in Sy.No.32/A to an extent of Ac.1-00 gts., in leeja Village and mandal, Jogulamba Gadwal District and granted permanent injunction restraining defendant (respondent No.5 herein) and his men from interfering into peaceful possession and enjoyment of the property. The defendant there is respondent No.5 herein and the orders passed by the trial Court are binding on respondent No.5.

6. In that view of the matter, this writ petition is disposed of granting liberty to the petitioners to produce copy of order in O.S.No.178/2020 dated 05.10.2021 before the respondent Police and the respondent Police are directed to

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