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2025 DIGILAW 712 (TS)

Donthi Ramulu v. State of Telangana

2025-05-28

NAGESH BHEEMAPAKA

body2025
ORDER : (NAGESH BHEEMAPAKA, J.) This writ Petition is filed by the petitioner seeking the following relief: “…to issue an Order, Direction or Writ more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents 4 in not considering the representation of the petitioner to register an FIR against the unofficial respondents under appropriate sections of the Indian Penal Code and take immediate action to protect the lawful possession with respect of the agricultural land in bearing Sy. No. 196/3/A1 to an extent of Ac.2-24guntas situated at Sommakkapet village of Chilipched Mandal, Medak District and to prevent further threats and violence and despite of having the civil court’s injunction order passed in I.A. No. 355/2023 in O.S. No. 108/2023 and ensure that peace is maintained in the locality is illegal, arbitrary and violative of Fundamental Rights Guaranteed under constitution and consequently direct the respondents No. 4 to provide the police protection to the petitioners to protect his lawful possession over the agricultural land in bearing Sy. No. 196/3/A1 to an extent of Ac.2-24guntas situated at Sommakkapet village of Chilipched Mandal, Medak District and pass…” 2. Heard Mr. M. Prashanth Kumar, learned counsel for the petitioner; Mr. M. Srinivas, learned Assistant Government Pleader for Home, appearing for respondents No.2 to 4; and perused the material available on record. 3. The petitioner claims to be the owner and possessor of the agricultural land admeasuring Acs.2-24 guntas in Survey No.196/3, situated at Somakkapet Village, Chilipched Mandal, Medak District, on the strength of pattadar pass book No.T08030060202 with Khata No.342 and he had been in possession enjoyment of the same without any interruption from any corner. While so, respondent No.7, the daughter of the petitioner, along with respondents No.5 and 6, who are no way concerned to the subject property, are trying to interfere with the possession of the petitioner and alienate the subject property. Aggrieved thereby, the petitioner filed a suit in O.S. No.108 of 2023 on the file of the learned Junior Civil Judge- cum-Judicial Magistrate of First Class, Narsapur (for short ‘trial Court’) and order dated 18.07.2023 in I.A. No.355 of 2023 in O.S. No.108 of 2023 was passed granting ad-interim injunction in favour of the petitioner restraining respondents No.5 to 7 from interfering with his possession and enjoyment in respect of the subject property. Despite the same, there is interference by respondents No.5 to 7 with the possession of the petitioner in respect of the subject property. 4. It is submitted that the petitioner submitted representations dated 15.05.2025 and 16.05.2025 to respondents No.3 and 4 to take necessary action against respondents No.5 to 7 but so far, no action has been taken. Learned counsel for the petitioner submitted that the action of respondents No.5 to 7 in trying to interfere with the possession of the petitioner and obstructing him from cultivating the subject property despite the injunction order being passed, is arbitrary and unjust, as such, he is constrained to approach this Court seeking Police protection to protect the subject property. 5. As innocuous relief is sought by the petitioner, notice to respondents No.5 to 7 is dispensed with. 6. Taking into consideration the fact that the injunction order dated 18.07.2023 in I.A. No.355 of 2023 in O.S. No.108 of 2023 was passed in favour of the petitioner, and in view of the urgency expressed by the learned counsel for the petitioner, this writ petition is disposed of directing respondents No.3 and 4 to provide Police protection to the petitioner in respect of the subject property for a period of three (3) weeks. Within this time, the petitioner is directed to file appropriate application seeking Police protection before the trial Court. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, pending in this writ petition, shall stand closed.