HONOURABLE SRI JUSTICE G. CHANDRAIAH Dated 24-09-2009 WRIT PETITION No: 17702 of 2009 Between: Mr. Cheeti Premsagar Rao. ..... PETITIONER And: 1. The Superintendent of Police, Karimnagar District, Andhra Pradesh and others. ....RESPONDENTS. HONURABLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION No: 17702 of 2009 ORDER: This Writ Petition is filed seeking to declare the inaction on the part of the respondents 1 to 4-The Superintendent of Police, Karimnagar District, Andhra Pradesh, The Deputy Superintendent of Police, Karimnagar District, Andhra Padesh, The Inspector of Police, Choppadandi Village & Mandal, Karimnagar District, Andhra Pradesh, The Station House Officer, Choppadandi Village & Mandal, Karimnagar District, Andhra Pradesh, in providing appropriate protection to the petitioner in safeguarding his life and limb and property, as arbitrary, illegal and violative of fundamental rights of the petitioner guaranteed under the Constitution of India and consequently, direct the Police to provide the petitioner the necessary protection to safeguard his life, limb and property. The case of the petitioner, in brief, is as follows: The petitioner had purchased a piece of agricultural land admeasuring Ac.3.19 guntas in Survey No.25, opposite Srinivas Theatre, Choppadandi Village & Mandal, Karimnagar District from its owner and possessor, one Sri Tatipalli Lakshmaiah in the year 1989 for valuable consideration. Thereafter, the petitioner filed a suit in O.S.No.41 of 1991 on the file of the learned Sub-ordinate Judge, Karimnagar seeking a declaration of title and perpetual injunction against one Tatipalli Lakshmaiah and his son, T.Anjaiah, Respondent 5 and his brother, Sri Dhanala Venugopal who were claiming the aforementioned land. The suit was compromised in terms of compromise on 27-12-1991 recognizing the title of the petitioner over the property. Since then, the petitioner has been in absolute and peaceful possession of the said property. While so, the 5th respondent created a forged declaration dated 15-10-1994 allegedly executed by the petitioner on a white paper whereby the petitioner allegedly assigned all his rights and interest in the aforementioned land admeasuring Ac.3.19 guntas in his favour. Relying on the alleged document, the 5th respondent filed a suit in O.S.No.150 of 1996 on the file of the learned Senior Civil Judge, Karimnagar for declaration of title and perpetual injunction against the petitioner and the same was dismissed imposing exemplary costs on him and observing that the 5th respondent has indulged in fabrication of the alleged declaration and that he colluded with the Revenue Officials and forged the document. The Appeal No.35 of 2004 on the file of the District Court, Karimnagar and a suit in S.A.No.408 of 2005 before this Court were filed by the 5th respondent and the same were also dismissed. Without stopping filing of the false civil cases, the 5th respondent sought to challenge the issuance of pattadar pass book and title deed in favour of the petitioner by filing an appeal before the Revenue Divisional Officer, Karimnagar in File No.D/6048/2005. The said appeal was dismissed by the Revenue Divisional Officer vide his order dated 24-2-2006. Thereafter, the Revision Petition before the Joint Collector, Karimangar in File No.D1/1255/2006 filed against the said order was also dismissed on 23-9-2006. That being so, the petitioner came to know that the 5th respondent along with respondents 6 and 7, even during the pendency of the proceedings before the Civil Courts and the revenue authorities, had illegally sold the aforementioned property to 36 persons by unauthorisedly dividing the said land into plots. However, the then Mandal Revenue Officer, Choppadandi in his proceedings No.B/420/2004 dated 6-10-2005 had categorically mentioned that those fake registrations were unauthorized and therefore, be declared as Null and void. Nevertheless, the 5th respondent with his aides even instigated 16 purchasers of the plots to institute civil proceedings against the petitioner before the Junior Civil Judge, Karimnagar. The injunction applications filed in all the said suits were dismissed and thereafter, the Civil Miscellaneous Petitions filed by them were also dismissed. While that being so, on 12th April, 2009, the 5th respondent assisted by respondents 6 and 7 encroached upon the land of the petitioner and dismantled the fencing with a JCB thereby caused a loss of Rs.1,50,000/- to the petitioner. Immediately on coming to know about it, the petitioner lodged a complaint with the Choppadandi Police Station where the complaint of the petitioner was registered as a case in Cr.No.59 of 2009 for the offence under Sections 447, 427 of I.P.C. He also got filed a suit by his wife on the file of the Court of the Junior Civil judge, Karimnagar, claiming that the land though which the access road passes belongs to her. However, the Choppadandi Gram Panchayat Secretary in his letter No.A1/GPC/2009 dated 22-4- 2009 categorically mentioned that the access road as disputed by Respondent No.5 has been there for public use for the last two decades. There is only one lane leading to the land of the petitioner and by constructing walls, the 5th respondent is deliberately preventing the petitioner from accessing and enjoying his legitimate land. On 20-05-2009 at about 12.00 noon, the 5th respondent with respondents 6 and 7 have met the petitioner near Grama Panchayat Office, Choppandandi and when he requested respondents 5 to 7 not to create hurdles in enjoying his property in view of the Court decrees, the respondents 5 to 7 abused the petitioner in filthy language and pushed him around threatening him to kill him if he goes back to Choppadandi. After the incident, the petitioner immediately approached the Choppadandi Police Station to report the matter, but due to the influence of the 5th respondent, his complaint was not entertained. Hence, he got filed the complaint for the offences under Sections 420, 468, 471 and 506 read with 34 I.P.C. on the file of the learned Additional Judicial Fist Class Magistrate, Karimnagar and the same was referred to the Police. On such reference, the complaint was registered as F.I.R.No.98 of 2009. But, the Police did not take any action so far. In the meanwhile, the petitioner is not able to visit Choppadandi in view of the threats making by the 5th respondent and his cohorts. The 5th respondent was arrested by the Choppadandi police on 25- 04-2009 in connection with Cr.No.59 of 2009 filed by the petitioner and later the 5th respondent was released on bail. When the 5th respondent failed in all attempts to grab the land of the petitioner, he has started to make physical violence and threatening to kill the petitioner. Hence, this Writ Petition. Heard the learned Counsel for the petitioner and the learned Government Pleader for Home and perused the material available on record. Learned Counsel for the petitioner contended that since the 5th respondent and his associates are threatening to kill the petitioner, he seeks a direction to the respondents 1 to 4-police to provide appropriate protection to the petitioner in safeguarding his life and limb and property. On the other hand, the learned Government Pleader for Home, on the instructions given by the Station House Officer, Choppadandi Police Station, Karimnagar District, has submitted that on the complaint referred by the learned Additional Judicial First Class Magistrate, Karimanagar, a case in Cr.No.98 of 2009 for the offence under Sections 420, 468, 471 and 506 read with 34 I.P.C. was registered on the file of the 4th respondent-police and same is under investigation. After completion of the investigation, final report/charge sheet will be filed before the concerned Court at the earliest and if the petitioner approaches the 4th respondent- police with appropriate orders of the competent Court, this respondent-police will provide adequate protection to the petitioner and his property. Recording the submission of the learned Government Pleader for Home, the Writ Petition is closed. However, the petitioner is at liberty to approach the police seeking necessary protection since it is for the police to consider the same and take necessary action in accordance with law. No costs. ________________________ Justice G. CHANDRAIAH Dated: 24.9.2009 Dvs THE HON'BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION No: 17702 of 2009 Dated 24-09-2009