Samanthula Satyanarayana, v. The State Of Telangana And 6 Others
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J 2s83 I \ HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND NINETEEN :PRESENT:
THE HONOURABLE SRIJUSTICE A.RAJASHEKER REDDY WRIT PETITION NO: 13324 OF 2019 Between:
t Samanthula Satyanarayana, S/o.Late Appalaswamy Pe AND
1. The State of Telangana, Rep.by its Principal Secretary, Home Department, Secretariat, Hyderabad.
2. The Superintendent of Police, Bhadradri Kothagudem District, At Kothagudem.
3. The Sub-Divisional Police Officer, Kothagudem Sub-Division, Bhadradri
4. The Circle lnspector of Police, l-Town Police Station, Kothagudem Town, Bhadradri Kothagudem District.
5. The Station House Officer, l-Town Police Station, Kothagudem Town, Bhadradri
6. Vaddari Bhaskar, S/o.Nagaraju, Age 36 years, R/o. Gangabishan Basti, Kothagudem Town & Mandal, Bhadradi Kothagudem District.
7. Konuguri Anantha Lakshmi, Wo.Rayamallu, Age 60 years, Fl/o.13-i-46, Gangabishan Basti Kothagudem Town & Mandal, Bhadradi Kothagudem District.
...Respondents
Petition under Article 226 ot the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or direction more particularly in the nature of Writ of Mandamus declaring the action of the respondent No.2 to 5 in calling the petitioner to 5'" respondent Police and insisting to stop the construction of compound wall of petitioners House bearing No.1 3-3-48/3 in an extent Ac. 1 -1 0 gts., in Sy. No.1 43 in Ward No.6 at Gangabishan Basti, Kothagudem Town & Mandal Bhadradri Kothagudem District, as illegal, arbitrary, without jurisdiction and violation of fundamental rights guaranteed by the Constitution of lndia and consequently direct the respondents No.4 and 5 not to interfere with petitioner's peaceful possession, enjoyment with regard to the construction of compound wall.
lA NO: 1 OF 2019 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents No.4 to 7 not to interfere with the construction of compound wall of petitioner's House bearing No.13-3-48/3 in an extent Ac.1-'10 gts., in Sy.No.143 in Ward No.6 at Gangabishan Basti, Kothagudem Town & Mandal Bhadradri Kothagudem District pending disposal of WP.No.13324 of 2019, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of SRI GOPINATH LAKKINENI, Advocate for the Petitioner, GP FOR HOME for the Respondent Nos.1 to 5, the Court made the following.
ORDER:
The case of the petitioner is that he filed OS.No.9 of 2008 for perpetual itjunction against the respondent No.6 and the same was decreed. When the 6th respondent and his henchmen obstructed the construction of petitioner's house by disobeying the decretal order in OS.No.9 of 2008, petitioner filed EA.No.349/2008 in EP.No.218/2008 in OS.No.9/2008 and the Court below ordered the enforcement of ttre orders in OS.No.9/2008 on 07.07.2008, directing the 5th respondent to provirle police aid to the petitioner. Since the Sth respondent has not chosen to provide police aid to the petitioner, he filed WP.No.32113 ot 2011 before this Court and this Gourt disposed of the said petition on 06.01.2012, basing on the counter affidavit wherein the 2nd respondent therein stated that they are ready and willing to provide police protection to the.
petitioner as and when petitioner approaches them. Thereafter, again, when the 6'n respondent and his henchmen staded interrupting petitioner's peaceful possession over his house property, the petitioner filed EA.No.19/2018 in EP.No.16/2018 in OS.No.9/2008 and the same was ordered by the Prl.Junior Civil Judge, Kothagudem, to provide police aid to the petitioner. When the 4th and 5th respondents, again, have not chosen to provide police aid to the petitioner, the petitioner filed WP.No.5553 of 2019 which was dismissed by this Court by order dt.19.03.2019 recording the written instructions furnished by the lnspector of Police, ltown Polir;e Station, Kothagudem dt.18.03.2019, that the petitioner has not come to the police station informing the direction issued by the competent Court to provide police aid; that therefore on 16.03.
20'19 notice was served on the petitioner to come to lhe police station and make a representation; and that if such representatiorr is made, they are ready to provide police protection to the petitioner.
lmmediately, after dismissal of the above writ petition, petitioner rushed to 4th and 5th respondents to provide police aid and that thereafter no one has interfered with petitionr:r's house property for some time. But, when the petitioner again started construction of compound wall the respondents 4 and 5 again threatened the petitioner with dire consequences and pressurizing the petitioner to settle the matter with the 6th and 7th respondents. Learned Assistant Government Pleader for Home on instructions submits that whenever petitioner approaches the police, they will give necessary police aid.
ln view of the aforesaid submission, the petitioner is directed to approach the respondent p,clice seeking police aid by producing a copy of order dt.19.03.2019 passerd by the Court below in EA.No.19/2018 in EP.No.16/20't8 in OS.No.9 of 2008 and cn production of such order the respondents 4 and 5 are directed to provicle necessary police aid to the petitioner. However, the respondent police s;hal not pressurize the petitioner to settle the dispute with the 6th and 7rh respondents SD/. CH.VEN ESWARLU ASSISTAN EGISTRATI //TRUE COPY// For ASSIST NT REGISTRAR To,
1. The Principal Se,:retary, Home Department, State of Telangana, Secretariat, Hyderabad.
2. The Superintendent of Police, Bhadradri Kothagudem District, At Kothagudem.
3. The Sub-Divisional Police Officer, Kothagudem Sub-Division, Bhadradri
t
4. The Circle lnspector of Police, l-Town Police Station, Kothagudem Town, Bhadradri Kothagudem District.
5. The Station House Officer, l-Town Police Station, Kothagudem Town, Bhadradri
6. Vaddari Bhaskar, S/o.Nagaraju, Rl/o. Gangabishan Basti, Kothagudem Town & Mandal, Bhadradi Kothagudem District.
7. Konuguri Anantha Lakshmi, Wio.Rayamallu, R/o.13-3-46, Gangabishan Basti Kothagudem Town & Mandal, Bhadradi Kothagudem District (RR 1 to 7 by RPAD).
8. One CC to SRl. GOPINATH LAKKINENI, Advocate [OPUC].
9. Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad [OUT].
10. One spare copy ZEE
HIGH COURT ARRJ DATED:0410712a19
ORDER
WP.No.13324 ol 2019 I DIRECTION