THE HON’BLE SRI JUSTICE T. VINOD KUMAR WRIT PETITION No.1681 OF 2025

ORDER

Heard learned Counsel for the petitioner, learned Government Pleader for Home appearing for respondent Nos.1 to 6, Sri G. Ravi Chandra Sekhar, learned Counsel appearing for respondent Nos.8 and 9 and perused the record.

2. The case of the petitioner, in brief, is that though he filed a suit against the unofficial respondents herein, vide O.S. No.574 of 2020 and having obtained an order of injunction restraining the respondents from interfering with his possession, vide order in I.A. No.601 of 2020, on the unofficial respondents herein in interfering with his possession over the suit land, the petitioner had approached the competent Court of civil jurisdiction and filed petition seeking police protection vide I.A. No.574 of 2020.

3. It is the further case of the petitioner that though the Special Assistant agent and Sub-Divisional Magistrate, Mobile Court at Bhadrachalam having granted an order providing police protection, the respondent authorities are not providing police protection in respect of the suit schedule property, inspite of the petitioner approaching the respondent authorities and submitting representation dated 10.01.2025 which action of the respondents it is contended is highly illegal and arbitrary.

4. Per contra, learned Government Pleader appearing on behalf of respondent Nos.1 to 6 would submit that the petitioner while approaching the respondent authority by submitting representation did not bring to the notice of the said authority for violating the injunction order in I.A. No.601 of 2020.

5. Learned Government Pleader would further submit that if only there is any violation of the injunction order by the unofficial respondents herein, the authorities can take steps for extending the police protection in terms of the order in I.A. No.474 of 2021 and since, the petitioner only approached the respondent authorities by submitting representation seeking police protection without mentioning any violation or breach whereby the respondents herein sought to interfere with the petitioner’s possession over the land, the respondent authorities cannot be said as not complying with the order of the Sub- Divisional Magistrate for extending the police protection, as the respondent authorities cannot provide continuous police protection to the petitioner’s subject land.

6. Learned Government Pleader further submits that if only the petitioner approaches the respondent authorities complaining of any specific occurrence or incident, the respondent authorities would take action as per the order in I.A.

No.474 of 2021 by providing police protection.

7. Learned Counsel appearing on behalf of the unofficial respondents on the other hand would submit that the petitioner under the guise of the orders obtained by him in the suit, vide O.S. No.574 of 2020 is, in fact, encroaching into the petitioner’s land claiming the said land to be in a particular survey number and is trying to dispossess the petitioner, and that the unofficial respondent has already taken steps for vacating the order by the concerned Sub-Divisional Magistrate and on account of the vacancy in the office of the Sub-Divisional Magistrate, his petition is not being disposed of.

8. Learned Counsel appearing on behalf of the unofficial respondents further submits that the petitioner by obtaining interim order of police protection is seeking to dispossess the petitioner which if permitted would result in the suit being adjudicated in favour of the petitioner without considering the defence of the unofficial respondent.

9. I have taken note of the respective contentions urged.

10. Though the petitioner has been granted an order of police protection in I.A. No.474 of 2021, it is not shown to this Court on the respondent violating the aforesaid order, the petitioner taking action by availing further remedies against the respondents herein by filing necessary application before the concerned Magistrate to i