WP/24855/2004 of Syed Jellani, Vs The Station House Officer, on 30 December 2004

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

THURSDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY

WRIT PETITION NO : 24855 of 2004

Between:

Syed Jellani, S/o. Late Syed Meer,

R/o. 21-4-685, Gulab Singh Bowli, Petla Burj, Hyderabad.

AND

..... PETITIONER

The Station House Officer, Kalapattar P.S., Kalapattar, Hyderabad.

.....RESPONDENT

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleasedto Issue a writ, order or direction more in the nature of writ of Mandamusdeclaring the in action of the 1st respondent on my application dt. 13.12.2004 ingranting police protection to the petitioner’s property bearing No. 19-2-156/25/1ad-measuring 305 sq. yards situated at Tadban, Bahadurpura, Hyderabad isnull and void consequently direct the Ist respondent to give police protection tothe petitioners property.

Counsel for the Petitioner: MR.V.H.V.R.R.SWAMYCounsel for the Respondent: GP FOR HOME

The Court at the stage of admission made the following ORDER:

Petitioner seeks a declaration that the inaction on the part of the respondent inaccording protection to his property though an order of temporary injunctionwas granted in O.S.No.7719 of 2003 on the file of the VIII Junior Civil Judge,City Civil Courts, Hyderabad is illegal and arbitrary and seeks necessarydirections.

Heard learned counsel for the petitioner and learned Government Pleader forHome.

It is not in dispute that the petitioner had obtained an order of temporaryinjunction. If the injunction is violated by the defendants in the suit, twocourses, namely to file an application under Rule 2A of Order 39 C.P.C. or tofile an application for grant of police aid, are open to the petitioner. It is onlywhen the trial Court passes an order granting police aid and it is notimplemented that the petitioner can file a writ petition. Admittedly, the petitionerhad not filed any such application before the trial Court.

Hence, the writ petition is disposed of leaving it open to the petitioner to file anapplication before the trial Court for granting police aid. There shall be no order as to costs.

-----------------------

30.12.2004

Note:

Issue CC in three days.

(BO)

ksld

To

1 The Station House Officer, Kalapattar P.S., Kalapattar, Hyderabad.

2 Two C.Cs. to the Government Pleader for Home, High Court Buildings, A.P.,Hyderabad, (OUT).Hyderabad, (OUT).

3 Two C.D. Copies.