THE HONOURABLE SRI JUSTICE VAKITI RAMAKRISHNA REDDY WRIT PETITION No.38310 of 2015

ORDER

Heard Sri M.Vidyasagar, learned counsel on record for the petitioner and Sri Sridhar Bhuvanagiri, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 3.

2. This Writ Petition is filed seeking a direction to the official respondents, more particularly respondent No.1, to grant police protection to the petitioner for entering and cultivating her lands admeasuring Acs.24-34 guntas in Survey Nos.18, 20, 26 and 27 situated at Eerlapally Village, Bomraspet Mandal, Mahaboobnagar District, while relying on the decree and judgment granted in favor of the petitioner in O.S.No.15 of 2003 which had attained finality.

3. It is contended by the learned counsel for the petitioner that the petitioner being the absolute owner of land admeasuring Acs.24.34 guntas covered by Sy.Nos.18, 20, 26 and 27 of Eerlapally Village, Bomraspet Mandal, Mahaboobnagar, had filed a suit in O.S.No.15 of 2003 before the Senior Civil Judge, Narayanpet for declaration of title and recovery of possession as the said property was illegally occupied by the defendants therein who were disputing the title of the petitioner over such property. It is further submitted that the said suit was decreed in favor of the petitioner and the same was also affirmed in A.S.Nos.88 and 89 of 2007 on the file of II Additional District Court, Mahaboobnagar. The unsuccessful appellants therein and unofficial respondents herein carried the matter further by way of second appeal vide S.A.Nos.1207 and 1471 of 2011 and the same were also dismissed by the High Court for the erstwhile State of Andhra Pradesh vide a common judgment dated 30.07.2012. Pursuant to the judgment passed in S.A.No.1207 of 2011, the petitioner, who had already initiated the execution proceedings vide E.P.No.03 of 2007 in O.S.No.15 of 2003, was also delivered with the possession in respect of subject property, by evicting the defendants/JDRs therein, by virtue of an order dated

29.11.2014.

4. It is further contended by the learned counsel for the petitioner that even after the aforesaid orders of the Court became final, the respondents No.4 to 12 and others, who are JDRs in E.P.No.3 of 2007, were interfering into the possession of the petitioner and that the police are not providing any protection to enable her to enter or cultivate her lands. It is further stated by the learned counsel for the petitioner that the police are bound to implement the decrees passed by the civil court, particularly when such a decree is confirmed by this Court, as such, the police have to grant necessary protection to the petitioner so as to enjoy the fruits of the decree granted by the civil court.

5. Per contra, the official respondent No.1 has filed a counter stating that basing on the complaint made by daughter of the petitioner dated 02.07.2015, a case was already registered against respondent Nos.4 to 12 and others in Crime No.103 of 2015 for the offences under Sections 447, 341, 427, 323, 504 read with Section 34 of Indian Penal Code. During the course of investigation, it was, prima facie found that the case against the accused therein has been established for committing the offences under the said provisions and respondent No.1, had filed a charge sheet against respondent Nos.4 to 12 and others and that the said respondents are also facing trial before the Judicial First Class Magistrate Court at Kodangal.

6. The grievance of the petitioner is that though she had submitted a representation on 15.06.2015 to the respondent Nos.1 and 2 requesting to take action against respondent Nos.4 to 12 for attacking and threatening the petitioner from time to time and thereby preventing her to cultivate or enjoy her lands. Thus, the petitioner also requested the police to extend necessary protection to her, however, the Police did not move an inch to come to the aid of the petitioner, compelling the petitioner to approach this Court.

7.