WP/24128/2004 of Smt.Earamma Vs Commissioner of Police on 27 December 2004

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

MONDAY, THE TWENTY SEVENTH DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE SRI JUSTICE L.NARASIMHA REDDYWRIT PETITION NO : 24128 of 2004

Between:

Smt.Earamma W/o.Late Hammi Reddy @ Hanumantha Reddy R/o.Manikonda Village Rajendranagar Mandal, R.R.Dist.

..... PETITIONER

AND

1 Commissioner of Police Cyberabad, R.R.District.

2 Station House Officer Darga P.S.R.R.District.

3 Ramakrishna Reddy S/o.Ram Reddy R/o.Manikonda Village, Rajendranagar Mandal, R.R District.

4 C.Rajappa S/o.Balaiah R/o.Manikonda Village, Rajendranagar Mandal, R.R District. 5 S.Shiva Kumar S/o.Late Gangaiah R/o.Manikonda Village, Rajendranagar Mandal, R.R District. 6 Smt.R.Kalpana W/o.R.Venkataswamy R/o.8-4-544/N/17//A New Sultan Nagar, Erragadda, Hyderabad.

.....RESPONDENTS

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 an appropriate writ, order, or direction, more particularly, one in thenature of writ of Mandamus,. declaring the action of the respondents No.1 and 2in not implementing the orders passed in various suits pending between thepetitioner and the respondents No.3 to 6 herein inrespect of land inSy.No.155,158 and 173 of Manikonda Village, Rajendranagar Mandal, RRDistrict as bad, illegal, and violative of Article 14 and 21 of the Constitution ofIndia and consequently direct the respondents No1 and 2 to initiate appropriateaction on the complaints filed by the petitioner while implementing the court orders in its true spirit and be pleased to pass such further orders.

Counsel for the Petitioner:MR.Y.NAGAIAHCounsel for the Respondents 1 and 2: GP FOR HOME

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

Petitioner claims to be the owner and possessor of land admeasuring Ac.5.23guntas in survey Nos.155, 158 and 173 of Manikonda village, Rajendra Nagarmandal, Ranga Reddy district. Reference is made to O.S.No.79 of 1995 on thefile of Principal Junior Civil Judge (West and South), Ranga Reddy district, saidto have been filed for partition of the said property. It is alleged that whenrespondents 3 to 5 were making attempts to interfere with the said land,O.S.No.1060 of 2001 is filed and an order of status quo is said to have beenpassed by the Court concerned, in I.A.No.2974 of 2001 on 28.12.2001. Anothersuit being O.S.No.726 of 2000 is said to have been filed by the petitioner in theCourt of Principal Senior Civil Judge, Ranga Reddy district for cancellation ofthe sale deeds executed by respondents 3 to 5 in respect of part of the saidland. The petitioner alleges that despite the orders passed by the civil Courts invarious proceedings, respondents 3 to 5 are interfering with her possessionover the land and respondents 1 and 2 are not coming to her aid, in protectingher possession.

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

Even according to the petitioner, several proceedings have been initiated inrespect of the land referred to above, in various Courts. It is also stated thatvarious interim orders were passed in the respective proceedings. It is true thatthe police is required to act in aid and support of the orders passed by theCourts. Where the orders are in the nature of directing maintenance of statusquo, it would be too difficult for the police to take any action. The parties feelingaggrieved by any violation and interference have to obtain specific orders fromthe civil Courts and if the interference persists, they can also file applicationsseeking police protection. Till such orders are passed, police cannot be expected to interfere. Hence, this Court is not inclined to issue any directionsto the respondents in this regard.

The writ petition is accordingly disposed of leaving it open to the petitioner tomove the civil Court concerned, for grant of police protection for the purpose ofenforcing any orders, which are said to be in operation. There shall be no orderas to costs.

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

27.12.2004

ksld

To

1 Commissioner of Police Cyberabad, R.R.District.

2 Station House Officer Darga P.S.R.R.District.

3 Two CCs. to the G.P. for Home, High Court of A.P., Hyderabad(OUT).

4 Two CD copies.