Telangana High Court
WP/26270/2007 of Shaik Omar Vs The Superintendent of Police, on 24 December 2007
SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO :26270 of 2007 Dated 24th December, 2007 Between Shaik Omar …Petitioner and The Superintendent of Police, Karimnagar and anr …Respondents. THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 26270 of 2007 ORDER: In this Writ
HON'BLE SRI JUSTICE R.SUBHASH REDDY
WRIT PETITION NO :26270 of 2007
Between
Dated 24[th] December, 2007
Shaik Omar
…Petitioner
and
The Superintendent of Police, Karimnagar and anr …Respondents.
THE HON'BLE MR JUSTICE R.SUBHASH REDDYWRIT PETITION NO : 26270 of 2007
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ORDER:
In this Writ Petition, the petitioner seeks declaration by way ofWrit of Mandamus that the action of the respondents in not takingaction on the complaint filed by him to provide police protection tosafeguard his property admeasuring Ac.1.00 guntas of land covered bySy.No. 622/31 situated in Rampur, Karimnagar as illegal and arbitrary.
The petitioner is the plaintiff in suit in O.S.No. 81 of 2006 on thefile of the Senior Civil Judge, Karimnagar. The said suit is filed forspecific performance of the agreement of sale dated 25-5-1990alleged to have been executed by the owner of the said land, by name,Smt. Butti Durgamma. Pending the suit, the petitioner filed aninterlocutory application for grant of temporary injunction in I.A.No. 460of 2006. The trial Court granted injunction, but, however, on appeal, the said order was set-aside in CMA.No. 2 of 2007. As against thesame, the petitioner filed Civil Revision Petition No. 1905 of 2007,which was disposed of by this Court by order dated 31-7-2007directing the parties to maintain status quo with regard to possessionof the property and, further, directed the Court below to dispose of thesaid suit expeditiously.
In this Writ Petition, it is the grievance of the petitioner that inspite of the said order, the respondents are trying to trespass into theland and in spite of the complaint filed by the petitioner to providepolice protection to safe guard his property, no action is being taken.
In the counter affidavit filed on behalf of the respondents, it isstated that on the complaint filed by the petitioner, a case wasregistered for the alleged offence under Sections 448, 427, and 506IPC in Crime No. 126 of 2006 and the same was enquired into. It isfurther stated that during the course of investigation, no witnesscorroborated the contents of the complaint with regard to the criminaltrespass by the third parties.
As much as it is stated that the investigation disclosed that thedispute is of civil nature, and, the suit filed by the petitioner is pendingconsideration, it cannot be said that the respondents have not takenany action on the complaint filed by him. As much as the suit filed bythe petitioner is pending consideration, he can as well approach thetrial Court for appropriate relief. I do not find any merit for grant of reliefas prayed for in the Writ Petition.
The Writ Petition is accordingly dismissed. No order as to costs.
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JUSTICE R. SUBHASH REDDY
DATE: 24-12-2007.Msnr.