E Thimmappa Vs State of Andhra Pradesh

THE HON’BLE SRI JUSTI CE A.V.SESHA SAI

W.P.No.455 of 2018

ORDER:

Heard the learned counsel for the petitioner and the learned Government Pleader for Home appearing for Respondents 1 to 3.

The grievance of the petitioner in the present writ petition is that despite the representation made by the petitioner for providing police protection in respect of land admeasuring 6.00 cents in Sy.No.304-1A3A of Baginayakanahalli village, Rayadurgam mandal, Ananthapur district, the Respondent authorities are not taking any action on the said representation.

The petitioner herein instituted O.S.No.163 of 2014 on the file of the Junior Civil Judge, Rayadurg and in the said suit, he also filed I.A.No.579 of 2014 under Order 39 Rule 1 and 2 read with Section 151 of CPC for temporary injunction. The said Court on 14.9.2015 granted injunction in favour of the petitioner herein. Obviously, for protection in terms of the said order, petitioner herein filed a representation before the Respondent police authorities. It is the submission of the learned Government Pleader that the petitioner herein has an effective alternative remedy by moving an application for police aid before the Court below in the pending suit.

It is also brought to the notice of the Court that the petitioner herein also filed an I.A. before the Court below seeking police aid. If that being so, in view of availability of alternative remedy before the Civil Court, this Court is not inclined to entertain the request of the petitioner for police aid.

Therefore, the writ petition is disposed of, leaving it open to the petitioner herein to pursue the I.A. filed before the Court below for police aid. As a sequel, the miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.

A.V.SESHA SAI, J

Date: 5.11.2018 DA

THE HON’BLE SRI JUSTI CE A.V.SESHA SAI

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W.P.No.455 of 2018

5.11.2018

DA

E Thimmappa v. State of Andhra Pradesh