THE HON’BLE SRI JUSTICE T. VINOD KUMAR WRIT PETITION No.2959 of 2025

ORDER

Heard learned Counsel for the petitioner, learned Government Pleader for Home appearing for official respondent Nos.1 to 6, learned Government Pleader for Revenue appearing for respondent No.7, Ms. Sonal Rathi, learned counsel appearing for respondent No.8 through virtual Mode, and with the consent of the learned counsel appearing for the respective parties, the writ petition is taken up for hearing and disposal at admission stage.

2. Shorn of unnecessary details, the case of the petitioner, in brief, is that though the petitioner had approached the 6^th respondent and submitted a representation, vide letter dt.21.12.2024, seeking to provide police protection to safeguard his peaceful possession and enjoyment over the property in survey No.136/1/1 to an extent of Acre 0-30 guntas, the same is not being provided by the respondents, which action of the respondents it is contended as being illegal, arbitrary, discriminatory and in violation of Articles 14, 21 and 300A of the Constitution of India, with a consequential direction to the 6^th respondent to provide necessary police protection to the petitioner to safeguard his peaceful possession over the aforesaid property.

3. Petitioner further contends that though the order of the Special Deputy Collector, Utnoor, dt.16.02.2019 is subject matter of challenge before this Court in Writ Petition Nos.5519 of 2019 and 5520 of 2019, wherein this Court had initially granted an order of status quo on 18.03.2109, the said writ petitions having been disposed of on 03.05.2024, directing the petitioners therein to avail the alternative remedy of appeal under Section 3(a)(iii) of APSALTR Act, 1959, the interim order of status quo granted earlier having been vacated, the respondents-authorities ought to have considered the letter, dt.21.12.2024, submitted by the petitioner for providing police protection.

4. It is further contended on behalf of the petitioner that though the order of this Court in W.P.No.5519 and 5520 of 2019 was subject matter of a writ appeal vide W.A.No.400 of 2024, since, in the said writ appeal, the order passed by a Coordinate Bench of this Court in the aforesaid writ petitions having been set aside and remitted back to the learned Single Judge to decide afresh, inasmuch as no interim order is existing, the respondents-authorities cannot refuse to provide police protection.

5. Per contra, learned Government Pleader appearing on behalf of respondents submits that since, the order of a Coordinate Bench of this Court in WP.Nos.5519 and 5520 of 2019 was interfered with by a Division Bench of this Court in WA.No.400 of 2024 by setting aside the same, the matter stands restored to the file of the Court, whereby all the earlier orders including the order of status quo granted in W.P.No.5520 of 2019 would continue to operate, and as such, the petitioner cannot approach the respondents- authorities and seek for providing police protection to safeguard his peaceful possession and enjoyment of the land to an extent of Acre 0-30 guntas in survey No.136/1/1, which is subject matter of the aforesaid writ petitions.

6. I have taken note of the respective submissions made.

7. Though the petitioner was issued with an order by the Special Deputy Collector, Utnoor, vide proceedings dt.16.02.2019, admittedly, the said proceeding is subject matter of challenge before this Court in W.P.No.5519 and 5520 of 2019, and that this Court had initially granted an order of status quo on 18.03.2021 in W.P.No.5520 of 2019. 8. Further, though the aforesaid writ petitions initially having been disposed by a Coordinate Bench of this Court on 03.05.2024, relegating the petitioners therein to avail alternative remedy of appeal, the said order having been interdicted by a Division Bench of this Court in W.A.No.400/2024 by setting aside the order passed in the aforesaid writ petitions and remitting the matter back for adjudication afresh, the i