THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.25106 of 2025

ORDER

Heard learned counsel for the petitioner and M.Srinivas, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 6. 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 respondents 2 to 6 in not granting police protection to the petitioner, its Management, Staff and workers working in its Factory Unit situated in the total land admeasuring Ac.25-01 Guntas, comprising of various sub-division numbers of Sy.Nos.86 and 89 of Bodajanampet Village, Balanagar Revenue Mandal and Sy Nos.23 and 25 of Kallepally Village, Rajapur Revenue Mandal, Mahabubnagar District, Telangana State, from the respondents 7 to 9 and their henchmen, pursuant to petitioners complaints dated 10.07.2025 and 19.08.2025 and not taking action against the respondents 7 to 9 and their henchmen, as arbitrary, illegal, unjust, failure to exercise power, violative of the Fundamental and Constitutional Rights guaranteed to the petitioner under the Constitution of India and consequently direct the respondents 2 to 6 to initiate appropriate proceedings against the respondents 7 to 9 and their henchmen and further grant police protection to the petitioner, its management, staff workers and its aforesaid property including the factory situated thereon from the respondents 7 to 9 and their henchmen pursuant to the aforesaid complaints.”

3. Brief facts stated in this writ petition are that petitioner is a company registered under the provisions of Companies Act, 2013 and is engaged in business of sale of artificially engineered quartz stone slabs. Petitioner’s claims to be owner and peaceful possessor of land admeasuring Ac.25-01 Guntas, in Sy.Nos.86 and 89 of Bodajanampet Village, Balanagar Revenue Mandal and Sy Nos.23 and 25 of Kallepally Village, Rajapur Revenue Mandal, Mahabubnagar District, Telangana State. It is stated that earlier respondent Nos.7 to 9 services were used for some civil works and due to some disputes the same were not continued. It is further stated that some dispute also arose with respect to pending dues, hence, respondent Nos.7 to 9 got grudges against the petitioner and respondent Nos.7 to 9 are also making false claim over the said land. The case of the petitioner is that respondent Nos.7 to 9 along with others are trespassing the petitioner’s subject premises and creating nuisance, causing disturbance in the manufacturing unit by raising slogans and pelted stones on the vehicles and factory premises and stopped production, due to which raw material worth about Rs.5,00,000/- has been damaged. Hence, the petitioner on 10.07.2025 and 19.08.2025 made complaints and requested respondent Nos.2 to 5 to provide police protection forthwith at the factory premises, enabling the petitioner to conduct day to day manufacturing process peacefully. However, till date no protection is provided. Aggrieved by the same, this writ petition is filed.

4. Learned Assistant Government Pleader for Home appearing for respondents Nos.1 to 6 placed on record instructions issued by Sub Inspector of Police, Balanagar Police Station, Mahabubnagar District, wherein it is stated that upon petitioner’s complaint, a case in Crime No.243 of 2025 dated 21.08.2025 under Section 329(4) 126(2), 324 (3) R/w 3(5) of Bharatiya Nagarik Suraksha Sanhita, 2023 (herein after referred as ‘BNSS’), was registered and during course of investigation notice under section 94 of BNSS was issued directing the petitioner to submit the documentary evidence and witnesses related to the case and till date the petitioner had not submitted the same and the case is under investigation. With respect to providing police protection, it is submitted that unless there is a court order, police protection cannot be provided to the petitioner company.

5. In that view of the matter and sin