2025 Supreme(Online)(Tel) 47513
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE K.LAKSHMAN
Mitta Mangamma – Appellant
Versus
The State of Telangana – Respondent
WP 22254/2025
HON’BLE SRI JUSTICE K. LAKSHMAN
ORAL ORDER
Heard learned counsel for the petitioner and Mr. B. Sridhar, learned Assistant Government Pleader for Home appearing on behalf of respondent Nos.1 to 5.
2. The petitioner has filed a suit in O.S. No.221 of 2013 against respondent Nos.6 to 13 seeking partition and separate possession of suit schedule property. Learned Senior Civil Judge at Nalgonda decreed the same on 14.09.2022. Thereafter, the petitioner filed I.A. No.590 of 2022 in O.S. No.221 of 2013 seeking appointment of advocate commissioner for passing final decree pursuant to the said preliminary decree. The same was allowed on 29.04.2025. The trial Court appointed Mr. G.S. Chakravarthy, Advocate as Commissioner to pass final decree proceedings by conducting survey etc. Vide letter dated 14.06.2025, learned Advocate Commissioner requested respondent No.5 to provide police aid for execution of warrant of commission as the defendants came to the site and obstructed survey work. Even then, respondent No.5 did not provide police aid to the Advocate Commissioner. Therefore, aggrieved by the said inaction of respondent No.5, the petitioner filed the present writ petition.
3. Whereas, learned Assistant Government Pleader for Home has produced written instructions of Sub-Inspector of Police, Nalgonda-II Town Police Station stating that the Advocate Commissioner requested respondent No.5 to provide police aid for the purpose of conducting survey and execution of commission. Respondent No.5 has already deputed one Mr. N. Sudhakar, ASI of Police on 19.07.2025. The Advocate Commissioner conducted survey and fixed boundaries. Therefore, the allegation of the petitioner that respondent No.5 did not provide police aid to the Advocate Commissioner is factually incorrect. The said written instructions are placed on record.
4. In the light of the above submissions, the petitioner is not entitled for any relief, much less the relief sought in the present writ petition. Therefore, this writ petition is liable to be dismissed.
5. This writ petition is accordingly dismissed. In the circumstances of the case, there shall be no order as to costs.
As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition shall stand closed.
_________________ K. LAKSHMAN, J
30th July, 2025 Mgr