Disposed

Nenavath Kishan v. The State of Telangana

Telangana HC16 Sept 2020WP/9608/2020

Case brief

AI extract

What is this about?

Considering that an application for police protection is already pending before the Senior Civil Judge, the Writ Petition was disposed of without granting relief, with liberty to the petitioner to pursue the trial court application.

What did the court decide?

Writ Petition disposed of; liberty granted to petitioner to prosecute the pending application for police protection before the trial court.

Nenavath Kishan Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2020)

¶1

HIGH COURT FOR THE STATE OF TELANGANA

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(Special Original J urisdiction)

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WEDNESDAY, THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY

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PRESENT

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THE HONOURABLE SRI JUSTICE P. NAVEEN RAO

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WRIT PE TITION NO: 9608 OF 2020

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Between:

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Nenavath Kishan, S/o. Hamja, Aged about 32 yrs, Occ. Business, R/o. Ganyanaik Thanda, H/o. Mudigonda village, Devarakonda Mandal, Nalgonda District, presently R/o. Devarakonda village and Mandal.

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...PETITIONER

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AND

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1 The State of Telangana, rep. by its Principal Secretary, Home Department, Secretariat, Secretariat Buildings, Hyderabad.

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2 The Superintendent of Police, Nalgonda,Nalgonda District.

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3 The Station House Officer, Kondamallepally Police Statlon, Nalgonda District

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction more particularly one in the nature of writ of mandamus, declaring the action of lhe respondents in not considering my representation dt: 09.01 .2020 for providing police protection inspite of an injunction in favour of me in lA.No, 20 of 2020 in OS.No. 7 of 2020 pending on the file of Senior civil Judge at Nalgonda at Nalgonda District being illegal and arbitrary and violative of principals of natural^justice.

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lA NO: 1 OF 2020

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Petition under Section^'1 5'1 CPC^praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be^pleased to direct the respondents 2 & 3 to forthwith consider the representation dt 09.01 .02020'for providing the police protection inspite of an injunction in lA.No. 20 of 2020 in OS.No. 7 ot 2020 pending on the file of Senior Civil Judge at Nalgonda at Nalgonda as berng illegal and arbitrary and^principal natural^justice.

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Counsel for the Petitioner: SRl. PRAVEEN KUMAR VEERJALA

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Counsel for the Respondents: AGP FOR HOME

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The Court made the following: ORDER

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¶22

HONOURABLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION NO.96O8 of 2O2O

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ORDER:

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

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This Writ Petition is liled alleging that inspite ol an appiic:rtion liled bclbrc thc Station House C)fficer, Kondam:rllepi.illl' Policc Statron, Nalgonda District, to grant police protcction iirr enforcement of injunction ordcr granted by learned Senior Civil Judge, Nalgonda in I.A.No.2O ol 2O2O in O.S.No.7 ol 2O2O on 03.O1..2O2O, protection is not granted so far and defendants in the suit continued to interfere with the possession and enjoyment of the property of petitioner. The property in issue concerns Ac.2.35 guntas of land in Sy.No.B8AA/6 of Gajinagar Village of Kondamallepally mandal, Nalgonda District.

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From the material on record, it is seen that on 16.03.2020, Crime No.30 of 2O2O was registered on the complaint of petitioner and police are investigating into the crime reported bll the petitioner. Be that as it may, during pendenc)'of this u,rit petition, pctitioner filed l.A.No.530 of 2O2O in l.A.No.20 of 2O2O in O.S.No.07 of 2O2O, pralring to grant police protection and the said LA., is pending consideration of the trial Court.

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Since petitioner has already moved appropriate application in the Court of Senior Civil Judge, Nalgonda, to grant police protection for enforcement of injunction order granted by the said Court, the Writ Petition is disposed of, granting liberty to the petitioner to prosecute the I.A., filed for granting police protection.

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It is also open to petitioner to persuade the trial Judge, to take up

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the t.A., expeditiously. Pending miscellaneous petitions, if zrny,

shall stancl closed.

SD/. K.AMMAJI

ASSISTANT RE

//TRUE COPY'

SECTIO R

To,

Pl\l

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

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The Superintendent of Police, Nalgonda, Nalgonda District.

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The Station House Officer, Kondamallepally Police Station, Nalgonda District.

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One CC to Sri. Praveen Kumar Veerjala, Advocate (OPUC)

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Two CCs to GP for Home, High Court for the State of Telangana at Hyderabad

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(our)

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Two CD Copies.

HIGH^COURT

DATED:1610912020

t\t s TA
I oo 21SEP2M oZ

t)8.9 PAT C

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ORDER

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WP.No.9608^{of 2020}

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Disposing^{of the WP} Without costs

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-7
'lD)Dt

Nenavath Kishan v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Nenavath Kishan v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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