CHANDALURI BABU RAO Vs. PRL. SECY. HOME DEPT.

JUDGEMENT

(1.) The present writ petition is filed declaring the action of the respondents in not providing the police aid to the petitioners on a complaint given by the petitioners in attending their agricultural operations in an extent of Ac 31.-00 cent in Sy.Nos. 25 and 76 of Nujellaplli village of J.Panguluru Mandal of Prakasam District to restrain the 5th respondent and villagers by respecting the orders in WPMP No.25172 of 2015 in WP No.19480 of 2015 and the decree of injunction in O.S.No.218 of 1984 on the file of Principal Junior Civil Judge's Court, Addanki, as illegal and arbitrary.

(2.) Brief facts of the case are that the petitioners are Archakas in 6th respondent temple and they are doing services of dhoopa, deepa, naivedyam of Lord Sri Raja Rajeswara Swamy. The petitioners and their family members for the last three generations are looking after the welfare of the temple by attending the services to the dieity and the family of the petitioners have been in continuous peaceful possession and enjoyment of Ac 31.02 cents in Sy Nos.25&76 of Nujellapalli village of J.Panguluru Mandal of Prakasam District. While the things stood thus, the Executive officer of the 6th respondent temple is threatening the petitioners not to enter into the subject matter of the agricultural property in spite of the direction and filed a complaint before the J.Panguluru P.S., Prakasam District, and a case in FIR No.59 of 2015 was registered on 4/7/2015 under Ss. 447, 435, 509, 506 read with 34 IPC. Questioning the same, the petitioners filed WP No.21172 of 2015 and this Court while ordering notice has granted interim stay of arrest of the petitioners and others. Thereafter, on 21/7/2015 the Executive Officer of the 6th respondent knowing fully well that there are circulars issued by the Commissioner of Endowments not to disturb the possession of the Archakas of the temple, along with local villagers obstructed their work and threatened the petitioners not to enter into the lands. Immediately the petitioners approached the Station House Officer, J.Panguluru requesting to provide Police aid to them to protect their possession and also their lives and also requested to take action against the persons who are interfering with their possession without any manner of right. Though the petitioners given the details of the persons involved in the offence, the police have not taking any action on their complaint. Hence, the present writ petition.

(3.) The Counter affidavit has been filed by the 4th respondent denying all the allegations made in the petition. It is stated that one D.Rajani Kumari, Executive Officer, lodged a complaint with this respondent police station, stating that the petitioners herein and others trespassed into the above said Endowments lands, ploughed the land with the tractor and removed the boundary stones fixed by the revenue authorities. Basing on the above complaint, a case in Crime No.59 of 2015 under Ss. 447, 434, 509, 506 r/w 34 IPC has been registered against the petitioners and others. all the accused including the petitioners filed WP No.21172 of 2015 to quash the FIR and this Court vide order dtd. 30/7/2015 has granted interim stay of their arrest and the investigation may go on. Thereafter, this respondent received the petitioners' complaint through the Superintendent of Police, Prakasam District for necessary action. In the said complaint the petitioners stated that they are in possession of the subject lands but the 6th respondent herein and villagers interfered in the said land hence the petitioners requested to provide police aid to them. It is mainly stated that the petitioners instead of approaching the civil Court by obtaining police aid order, filed the present writ petition which is not maintainable.