Sunkari Pushpamma Vs The State of Telangana

Petition under Article^{226 of the constitution of lndiaprayingthat in the} circumstances^{stated in the affidavit filed therewith, the High court maybe} pleasedtoissueanappropriatewrit,orderorDirection,moreparticularlyonein the nature of^{writ of Mandamus,declare the action of the respondent No.3herein} innotprovidingpoliceaidincomplianceoftheorderspassedinl.A'No.1401of 2016 in lA'No. 1330^{of 2015 in 0'S'No. 436 of 2015 dated 21.04-20,17on the file} ofSeniorCivilJudgeatNalgonda'asbeingillegal,arbitraryandunjustand consequently^{direct the 2nd respondent hereinto take actionagainst the 3rd} respondenthereinfornotimplementingtheorderspassedinl.A-No,1401of2016 pursuant to the complaint dated^12-06-2017'

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l.A. NO: 1 OF 2017(WP MP. NO: 32133 OF 20171

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Petition under Section 151 CPC praying that in the c i cumstances stated in the affidavit filed in support of the petition, the High Corr t may be pleased to direct the respondent No.3 herein to forthwith provide o I i(re protection to the petitioner herein for protecting her property i.e., the land a t measuring Ac. 10.06 guntas in Sy.Nos.123, 124, 127 and 129, situated at Bopp,r am Revenue Village, Kethepally Mandal, Nalgonda District, in compliance of I r: orders passed in LA.No. 1401 of 2016 in lA.No. 1330 of 201S in O.S.No. 43(i cf 2015 dated 21-042017 on the file of Senior Civil Judge at Nalgonda, pending rlisposal of the main writ petition.

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Counsel for the Petitioner: SRI GAJANAND CHAKRAVAF' Hl Counsel for the Respondents No.1to3: SRI D.PRADEEP, l,r ip FOR HOME -- Counsel for the Respondent No.4 :

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The Court made the following: ORDER

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THE HONOURABLE SRI JUSTICE N.TUKARAMJI

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WRIT PETITION No.25918 OF 2017

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ORDER:

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This Writ Petition is filed under Article 226 of the Constitution of

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lndia seeking the following relief

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"...1o rssue an appropriate writ, Order or Direction, more pafticularly, one in the nature of Writ of Mandamus, declare the action of the respondent No. 3 herein in not providing police aid in compliance of the orders passed in l.A. No 1401 of 2016 in l.A. No. 1330 of 201 5 ln O.S. No. 436 of 201 5 dated 21-04-2017 on the file of Senior Civil Judge at Nalgonda, as being illegal, arbitrary and unjust and consequently duect the fd respondent herein to take action against the 3d respondent herein for not implementing the orders passed in l.A. No. 1401 of 2016 pursuant to the complaint dated 12-06-2017, and to grant such other order or orders. . ."

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Learned counsel for the petitioner submits that the respondents/police authorilies, particularly respondent No. 3, have failed to provide police aid in pursuance of the order dated 2'1 .04.2017 passed in l.A. No. 1401 of 2016 in l.A. No. 1330 of 2015 in O.S. No.436 of 2015 on the file of the learned Senior Civil Judge, Nalgonda. Hence, the present petition has been filed seeking appropriate directions for implementation of the said order. He further submits that, pursuant to the orders dated 11.09.2017 passed by this Court, the police authorities have -.^{been providing protection in terms of the interlocutory order. He also}

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NTR, J t '.P.No. 25918 of 2017

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states that police-aid was, in fact,^provided or 15.06.201 7 and 16.06.2017. However, since the suit proceedings are s till^pending before the trial Court and the interim order remains in force,^1t e'petitioner seeks a direction to the concerned^police authorities to cc ntinue to^provide protection as and when requested

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Ivlr. D. Pradeep, learned Assistant Government^)leader for Home, appearing for respondent Nos. 1 to 3, submits that the concerned^police authorities are ready and willing to comply with the di'r^rctions of the Civil Court and to extend^protection in accordance with i w. He, therefore, prays for passing of appropriate orders.

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I have carefully perused the material available orr record

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5.^. The grievance of the petitioner regarding non-1 roviding of^police aid appears to have been substantially addressed, as^,rven the petitioner admits that police protection was extended on^'1 5.06.20 17 and 16.06.2017. ln view of the stand taken by the respondents/police authorities that they are willing to abide by the dir<: ;tions of the Civil Court, and considering that the interim order passed i r l.A. No. 1401 of 2016 in l.A. No. 1330 of 20'15 in O.S. No. 436 of :t015 continues to remain operative pending disposal of the suit, it is^just a rd proper to direct the police authorities to provide protection to the petitic ner in accordance with the said order

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NTR, J W.P.No. 25918 of 2017

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6 Accordingly, the respondenupolice authorities are^{directed to} provide police protection to the petitioner in terms of the order dated 2'l .04.2017 in I.A. No. 1401 of 2016 in^{l.A. No.'1 330 of 2015 in O.S.} No. 436 of 2015 on the file of the learned Senior^{Civil Judge,Nalgonda,} whenever the petitioner seeks such assistance. lt^{is, however,clarified} that upon adjudication of the main suit, the^{petitioner shall be at libertyto} avail appropriate remedies available^{in law beforethe executing Court,as} per the outcome of the proceedings.

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