Telangana High Court
WP/24187/2020 of Koyyala Chenna Rao , Koyyala Venakteswara Rao Vs The State of Telangana and 4 others on 30 December 2020
THE STATE OF TELANGANA AT HYDERABAD (SPecial Original Jurisdiction) WEDNESDAY , THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY Between: Both are Rio. Achutapuram Village, Aswaraopeta Kothagudem District Kovvala Chenna Rao @ Koyyala Venakteswara Rao, S/o'Bojjaiah, ao6ii about 54 vears,
HIGH COURT FOR THE [STATE ][OF ][TELANGANA]AT HYDERABAD
(SPecial Original Jurisdiction)
WEDNESDAY ,THE THIRTIETH [DAY OF DECEMBER]TWO THOUSAND AND [TWENTY]
PRESENT
THE HON'BLE SRIJUSTICE [P. NAVEEN ][RAO]
WRIT PETITION NO: [24187 OF 2020]
Between:
Kovvala Chenna Rao @ [Koyyala Venakteswara ][Rao, ][S/o'Bojjaiah,]ao6ii about 54 vears, [Occ. Agriculture.]ao6ii about 54 vears, [Occ. Agriculture.]2V'""if, venru16ma @ [L4arit-hi ][Venkamma. ][Wio ][l\'4arithi Dharmaiah]Aged about 29 [years, Occ. Agriculture,]Aged about 29 [years, Occ. Agriculture,]
Both are Rio. Achutapuram [Village, ][Aswaraopeta]tr,4andal, Bhad radriKothagudem District ...PETITIONERS
AND
1The State of Telangana, [Rep by its Principal Secretary,]Home Deoartment, BRKR [Bhavan, ][Hyderabad]Home Deoartment, BRKR [Bhavan, ][Hyderabad]2ihe Superintendent of [Police, ][Bhadradri Kothagudem District]At Kothaoudem.At Kothaoudem.r)ih" Station House Officer, [Aswaraopeta ][Police Station, Aswaraopeta]Bhadradri Kothagudem [District]Bhadradri Kothagudem [District]4It/akkella @ VallSou Naqa [Raiu, S/o.Veeraraju Aged ][about ][39 years']O"C. AgilJrtrte. [nro. ][REnrtafruram Village, ][Aswaraopeta ][Mandal,]Bhadradri Kothaguder [District]O"C. AgilJrtrte. [nro. ][REnrtafruram Village, ][Aswaraopeta ][Mandal,]Bhadradri Kothaguder [District]5rrlalketla @ VallSpu [Ramana, ][W/o.V-enkata ][Rao, Aged ][about ][54 ][years,]o...aqri"Iltrt" RTo.Achutapuram [Village, ][Aswaraopeta ][Mandal,]Bhadridri Kothagudem District o...aqri"Iltrt" RTo.Achutapuram [Village, ][Aswaraopeta ][Mandal,]Bhadridri Kothagudem District .RESPONDENTS
Petition under Article [226 ][of ][lhe ][constitution ][of ][lndia praying ][that ][in ][the]circumstances stated [in ][the ][affidavit ][filed therewith, ][the ][High ][court ][may ][be]pleased to issue a writ, order or [direction ][more particularly one ][in ][the ][nature]Lf writ of Mandamus [by declaring ][the action of the ][respondent police ][in ][not]providing the police [protection to ][the ][petitioners ][in ][respect of ][the ][petitioners]ianO in 5y. No 83/1 , [83t2, ][B3t3 ][to ][an ][extent ][of ][Ac ][4 14 gts',4 14 ][gts' ][and]2.20 gts iotal an [extent ][of ][Ac.11.08 ][gts, ][which ][is ][compact single ][block]situatJd at Achuthapuram [Village, ][Aswaraopeta ][Mandal, ][Bhadradri]Kothagudem District [and without taking any action against ][the ][respondent]No. 4lnd 5 in spite [of ][Hon'ble Civil Court temporary ][injunction ][orders_ ][are]stiil in force i.e., l.A.No. [296 ][0l ][2016 ][in ][o.s.No.262 ][0l ][2016 ][0n the file ][of the]Sub-Divisional lt4agistrate [and ][special ][Assistant ][Agent ][to ][Government],lvobile [court, ][Bhadrachalam ][dt. ][19-07-2016 ][and without giving ][protection]io the [petitioners ][as ][well ][as ][the ][petitioners landed property, ][is ][illegal, ][void]to [Articles 14, ][19,21 ][and 300 ][A ][of ][the constitution ][of ][lndia]and opposed and consequently to [direct ][the ][respondents ][No.2 ][and ][3 ][to ][grant ][police]protection to the [petitioners ]life [and ][property ][by ][taking action against ][the]respondent No.4 and [5 ][in ][connection ][with ][the ][land in ][question, ][covered]under Civil Court [Orders.]
IANO: 1OF2020
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Conclusion
IANO: 1OF2020
Petition under section 151 cpc praying that in the circumstancesstated in the affidavit filed in support of the petition, the High court may bepleased ro direct the respondent No.3 to grant porice [rotection to thepetitioners life and petrtioners property by taking aciion against therespondents No. 4 and 5 as per the Civil Court Orders in l. A No 296 of2016 in o.s,No.262 of 20i6 on the file of the sub-Divisional Magrstrate andspecial Assistant Agent to Government ,Mobire court, Bhidracharamdt. 19-07-2016 in respect of the petitioners land in Sy.No, 83t1,83t2, B3t3to an extent of Ac.4.14 9ts.,4.14 gts, and 2.20 gts total an extent ofAc.1 1 0B gts which is compact singre brock situated at AchuthapuramVillage, Aswaraopeta Mandal, Bhadradri Kothagudem District pendingdisposal of the writ petition, as otherwise the petitioner wiil be put t6irreparable loss and severe hardship.
Counsel for the Petitioner : SRI p. RAMPRASAD FOR
SRI E, VENKATA REDDY
Counsel for the Respondent Nos.1 to 3: AGp FOR HOMECounsel for the Respondent Nos.4 & 5:------The Court made the following: ORDER
THE HON'BLE SRI JUSTICE P. NAVEEN RAO
WRIT PETITION No.24187 OF 2O2O
ORDER:
Heard learned counsel for the petitioners and learnedAssistant Government Pleader for Home appearing for respondentNos. I to 3.Assistant Government Pleader for Home appearing for respondentNos. I to 3.
2. According to petitioners, they are the owners of land to anextent of Acs.11.08 guntas in Survey Nos.83/ l, 83/2 and 83/3 ofAchuthapuram Village, Aswaraopeta Mandal, BhadradriKothagudem District. Petitioners instituted O.S.No.262 oi 2016 inthe Court of the Sub-Divisional Magistrate and Special AssistantAgent to Government, Mobile Court, Bhadrachalam, alleging illegalinterference by the defendants in the said suit and sought forinjunction against them. In I.A.No.296 of 2016, the said Courtgranted interim in.iunction in favour of the petitioners. While so,Sri Marithi Dharmaiah, husband of petitioner No.2, filed complaintin Aswaraopeta Police Station on 19.11.2O2O [alleging ][that ][on]29.1O.2O2O, three persons named therein [illegally ][entered ][into ][the]land of the petitioners and were spraying [pesticides ][which ][were]harmful to the crop grown by the [petitioners and when petitioners]tried to warn them not to spray [harmful ][pesticides, ][they ][abused]the complainant in filthy language on [caste ]name [and ][have]threatened with dire consequences to leave the [property]immediately. Having no other option, [petitioners ][went ][into ][the]village and requested the elders to [involve ][in ][the ][issue ][and to ][settle]the matter. In spite of intervention [of ][elders, those three ][persons]have not stopped from spraying [pesticides ][causing ][damage ][to ][the]
crop of the petitioners, which, according to the complainant, is ofthe value of Rs.35,0OO/- and sought to take action against them.
3. Based on the complaint, Crime No.303 of 2O2O wasregistered under Section s 294-8 , 323, 447 , 42T and 506 r/ r,r,. 34I.P.C. and Section 3 (1) (r) (s) and Secrion 3 (1) (0 (g) of theScheduled Castes and Scheduled Tribes (prevcntion of Atrocities)Act, 1989. From the array of parties in the pending suit and thenames mentioned in the complaint, it is noticed that the personsmentioned in the complaint are different from the defendants inthe suit. Further, the injunction was grante d on 19.0Z.2016,whereas the alleged incident happened on 29.1O.2O2O and,complaint was lodged on 19.1 1.2O2O.
4. As admitted by learned counsel for the petitioners, so far noapplication is filed in the pending suit seeking to grant policeprotection.
5 Having regard to the glaring facts noticed above, the court isnot inclined to mandate the respondent _ police to straight awayextcnd police protection.
6. The writ petition is accordingly dismissed granting liberty tothe petitioners to work out their remedies. pending miscellaneouspetitions shall stand closed.
SD/.K,AMMAJIASSISTANT REGIS{RAR//TRUE COPY//k'vSECTION OFFICER
To,1. One CC to Sri E. Venkata Reddy, Advocate [OpUC]
2. Two CCs to GP for Home, High Court for the State bf Telangana.louTl3. Two CD CopiesSM
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HIGH [COURT]DATED:3011212O2O1I1,J1t JAli ?C21t'r [tl-V]ORDERWP.No.24187 [ol ][2020]
DISMISSING THE [WP]WITHOUT COSTS
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