WP/24310/2020 of Anwar-Ul-Haq and another Vs The State of Telangana and 4 Others on 31 December 2020

ORDER:

Heard learned counsel for [petitioners ][and ][learned]Assistant Government Pleader [for ][Home.]

2. First petitioner is the father [of ][second ][petitioner. ][He claims]to be absolute owner and in [possession ][of ][agricultural ][land to ][an]extent of Ac.9.50 [guntas ]in [survey ][No.l22l2lAA ][of ][Rudrapur]Village, Chintalamanepally Mandal, [Kumarambheem ][Asifabad]District. According to first [petitioner, the ][said ][land accrued to him]in the family partition. [Petitioners ][allege ][that sixth ][respondent and]a person b1' name Barla [Narayana ][were causing ][unnecessary]interference. Aggrieved by their [actions, ][O.S.No.79 ][of ][20i7 ][was]institutcd in lhe Court [ol ][.Junior ][Civil ][.Judgc ][at ][Sirpur ][praying ][to]grernt Pe rmalient IlljLll-iction ln [the ][said ][surt, ][I.A ][No ][zl ][18 ][of ][20l7]r,',as filed to grant temporary [injunction. ][The ][triai ][Court initially]granted exparte ad interim [injunction ][and after contest, by ][order]d.ated 23.O7 .20 19 alfirmed [the ][injunction ][order ][granted ][earlier' ][By]virtue of the said injunction [order, petitioners are ][in ][continuous]possession and enjoyment. That [being ][so, ][on ][13'12'2O2O]was [lodged ][with the ][police ][alleging ][that]complaint Sri Barla Anjaiah trespassed [into ][the ][land of petitioners and ][has]taken au,ay the entire [cotton ][crop, ][which amounts ][to ][committing]theft of the property [belonging ][to them' ][On ][22 ][12 ][2O2O']pctitioners lodgecl [complaint ][ri'ith ][the Aclditional Superinlendent ][of]Policc rcpeating the [corltents ][of ][their ][compiaint ][date ][d ][13 ][12 ][2O2O]and requested him [to'ilrandate the ][subordinates ][to ][look ][into ][the]grievance . This u'rit [petition ][is ][filed ][alleging ][that ][inspite ][of ][request]

made by the petitioners to [grant ][police ][protection ][for compliance ][o[]injunction order granted by the civil [Court, ][so ][far ][they ][have not]acted upon.

4. From the perusal of the complaint [lodged ][on ][13.12.2020 ][and]representation submitted to the Additional [Superintendent ][oi]Police on 22.12.2020, it is seen that content ol the [complaint]as u'ell as representation is alleged theft [committed ][b1' ][Barla]Anjaiah along with Gunti Rajamallu on 12.12.2O2O. [In ][both ][the]complaints, petitioners do not state in u,hat manner [protection ][is]required. Even according to said complaints, in December the cropwas harvested by those two persons, though it is alleged as theft.It is stated by learned counsel for the petitioners that some morestanding crop is there. Looking at the complaints filed by them, itis shown as if entire crop is taken by persons named in thecomplaint. Thus, what is now stated is not reflected in thecomplaints. Further, petitioners do not say that thelr' arc nowintending to harvest the remaining crop and lhere is alleged thrcatof involvement of those persons and protection is rcquired.Therefore, it cannot be said that police were negligent in extendinglhe proteclion in compliance to the injunction order granted ir-rtheir favour. It is not the case of petitioners that policc are notregistering the complaint lodged by them and investigating into thesame. However, on this aspect, consistently this Court has takenthe view that writ petition is not a remedy, aggrieved person has toavail remedy available in the Code of Criminal Procedure as heldby the Hon'ble Supreme Court in Sakiri Vasu v. State of Uttar Pradeshr and aflirmed in M.Subramaniam and another v,S.Janaki and anotherz. Ii still cotton crop is lying on the landand petitioners nced protcction by the po)ice to harvest the saidcrop, specilic request may be made by the petitioners by specifyingthe date on u,hich, they intend to harvest the crop. Il suchrepresentation is made, police are directed to consider the sameand provide protection for the purpose of harvesting of the cotton crop.

5. In view thereof, this writ petition is disposed of. Pending miscellaneous petitions, if any, shall stand closed.

/1 [eool) ][2 ][scc ][409]'2020 SCC Online S.C. 341'2020 SCC Online S.C. 341

SD/.M.MANJULAASSISTANT REG,ISTRAR\-'SECTION OFFICER

//TRUE COPY/I

To,1. The Principal Secretary, Home Department, State of Telangana, Secretariat,Hyderabad.1. The Principal Secretary, Home Department, State of Telangana, Secretariat,Hyderabad.

2. The Superinlendent of Police, Komurambheem Asifabad District at Asifabad.3. The Additional Superintendent of Police, Komurambheem Asifabad District atAsifabad3. The Additional Superintendent of Police, Komurambheem Asifabad District atAsifabad

4. The Station House Officer/lnspector of Police, Kowtala Police Station, KB.Asifabad District.Asifabad District.5. The Sub - lnspector of Police, Chintalamanepally Police Station, KB. AsifabadDistrict.District.6. One CC to Sri lr,4d. Almal Ahmed, Advocate tOPUCI7. Two CCs to GP for Home, High Court for the State of Telangana at Hyderabad.lourl7. Two CCs to GP for Home, High Court for the State of Telangana at Hyderabad.lourl

B. Two CD Copies.

N/P

l-/(.f

HIGH COURT

DATED:31 11212020

ORDERWP.No.24310 [of ][2020]

DISPOSING OF [THE WRIT ][PETITION]WITHOUT COSTS

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