Single judge in Writ Petition No. 8725 of 2020 directed respondent authorities to consider a representation and provide police protection for land where a civil injunction order was allegedly violated, without adjudicating merits.
Direction to consider the representation dated 09-02-2020 and take appropriate action within one week.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.8725 of 2020
ORDER :
This writ petition is filed under Article 226 of the Constitution of India, questioning the inaction of respondent Nos.2 and 3 in taking appropriate action in pursuance of the petitioner’s representation dated 09-02-2020 to provide police protection so as to implement the Judgment and Decree passed in O.S.No.40 of 2019 dated 08-05-2019 on the file of the First Additional Junior Civil Judge, Ananthapuram for protection of plaint schedule property in survey No.216-2 to an extent of Ac.1-30 cents situated at Ananthapuram town, Ananthapuram Mandal as illegal, arbitrary and consequently, direct the respondent Nos.2 and 3 to provide police protection in respect of the plaint schedule property in pursuance of the judgment and decree passed in O.S.No.40 of 2019 dated 08-05-2019 on the file of the First Additional Junior Civil Judge, Ananthapuram.
Originally, the petitioners, B.Basavaprabhu and (6) six others are the absolute owners of the land in survey No.216-2 to an extent of Ac.1-30 cents situated at Ananthapuram town, Ananthapuram Mandal on executing General Power of Attorney in favour of the petitioners on 07-05-2018 and was delivered the possession of the property. The petitioners filed the suit for permanent Injunction vide O.S.No.40 of 2019 dated 08-05-2019 on the file of the First Additional Junior Civil Judge, Ananthapuram. Having taken into consideration the material available on record, the lower court passed a judgment and decree dated 08-05-2019 and granted permanent injunction restraining respondent Nos.4 to 7 and their men, agents etc from interfering with the possession and enjoyment of the property.
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After passing the judgment and decree, the petitioners’ made a representation dated 09-02-2020, to the police for providing protection to the property, as respondent Nos.4 to 7 were intentionally, illegally trying to defeat the judgment and decree by their interference. Therefore, requested to provide police protection to the property, but the police did not provide any protection to the property of the petitioners and thus they failed to discharge their public duty and therefore, requested to issue protection as stated supra.
During hearing, the learned counsel for the petitioners, Sri Kata Sambasiva Rao, made a request to issue a direction to consider the representation, dated 09-02-2020 and take appropriate action, without touching the merits of the case.
Learned Assistant Government Pleader for Home, argued to dispose of the representation in accordance with law.
Recording the submissions put forth by learned counsel for the petitioners and learned Assistant Government Pleader for Home, I deem it fit and proper to direct respondent Nos.2 and 3 to consider the representation, dated 09-02-2020 and take appropriate action in accordance with law within one (1) week from today.
Accordingly, the writ petition is disposed of at the stage of admission with the consent of both the counsels.
Consequently, miscellaneous petitions pending, if any, shall also stand closed.
__________________________________________ JUSTICE M. SATYANARAYANA MURTHY
Dated 10.08.2020 EPS
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THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.8725 of 2020
Dated 10.08.2020
EPS
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1 issue framed by the court
Whether the respondent authorities were liable for failing to provide police protection for the plaint schedule property after the court-granted permanent injunction?
1 provisions across 1 enactments
B. Basavaprabhu and others
Public Prosecutor, Home Department and District Superintendent of Police
M. Satyanarayana Murthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
