V SATYANARAYANA RAO Vs. STATE OF AP

JUDGEMENT

(1.) THIS Court by order dated 20. 8. 2007 initiated suo motu contempt proceedings, in C. C. Nos. 754 and 755 of 2007 in W. A. Nos. 505 and 439 of 2007 respectively. Both the writ appeals were preferred, with the leave of the Court, by persons who, though not parties, are aggrieved by the order passed in W. P. No. 8857 of 2007 dated 26. 4. 2007.

(2.) W. P. No. 8857 of 2007 was filed by the first respondent to declare the inaction of the respondents in not giving them necessary police protection, pursuant to his complaint dated 6. 4. 2007, as illegal and for a consequential direction to the assistant Commissioner of Police, Cyberabad and the Station House Officer, Kukatpalli to give them police protection on the basis of their representation dated 6. 4. 2007. In the affidavit, filed in support of W. P. No. 8857 of 2007, the petitioner stated that Survey no. 172 of Hydernagar Village, Balanagar mandal, Ranga Reddy District admeasuring ac. 98. 10 guntas was item No. 38 of schedule IV of C. S. No. 14 of 1958 on the file of this Court, that, in the said suit, a preliminary decree was passed on 28. 6. 1963, that under a deed of assignment dated 29. 11. 1995 Kazim Nawaz Jung and m/s. Cyrus Investments Limited had assigned their share and interest in the said survey number in favour of Mirza Nazeer baig and others to an extent of Ac. 98. 10 guntas, pursuant thereto the petitioner had filed three applications which were all allowed, that they had filed E. P. No. 4 of 1996 before the District Judge, Ranga Reddy district and taken delivery of possession on 17. 4. 1996 from the Court bailiff, that subsequently they had filed Application no. 516 of 1998 seeking a final decree and a final decree was passed by a Single judge of this Court by order in C. S. No. 14 of 1958 dated 24. 4. 1998 in respect of the land admeasuring Ac. 98. 10 guntas in sy. No. 172 of Hydernagar Village, Balanagar mandal, Ranga Reddy District. Petitioner would submit that they had paid the deficit stamp duty for the final decree on 16. 7. 2007, that the transaction was completed and their title and possession was confirmed. According to the petitioner delivery of possession was recorded in the final decree which has attained finality as no appeal was preferred thereagainst. The petitioner stated that some persons, claiming title from different sources, had filed time barred objections before the District Judge, that the Division Bench of this Court, in o. S. No. 58 of 2004 and batch dated 23. 6. 2006, had held that the persons who were claiming independent title through different sources had no right over the property in C. S. No. 14 of 1958, that ever since delivery of possession by the Court bailiff, they were in possession and enjoyment of the property and, while they were trying to fence the property to prevent illegal encroachments, some unidentified/ unauthorized persons who had no right or title over the property, with the aid of anti-social elements, had tried to interfere with their possession and enjoyment on 6. 4. 2007 and had threatened them with dire consequences, that their names and addresses were not known to the petitioner, that except them no other person was in possession of the property, that they had made a representation on 6. 4. 2007 to the respondent seeking police protection, and, inspite of showing their documents of title and possession, the respondents were neither protecting their interests nor giving them police protection to avoid unauthorized interference. According to the petitioners it was very difficult for them to protect their property as some anti-social elements and land-grabbers had laid their eyes on the property and that, it was the duty of the respondents, to give them necessary protection.

(3.) THE learned Single Judge, by order in W. P. No. 8857 of 2007 dated 26. 4. 2007, disposed of the writ petition at the stage of admission directing the respondents to give necessary police protection to the petitioner pursuant to the representation dated 6. 4. 2007 in respect of the land admeasuring Ac. 98. 10 guntas in Sy. No. 172 of Hydernagar Village, Balanagar Mandal, ranga Reddy District in respect of which a final decree was passed by this Court, in application No. 516 of 1998 in C. S. No. 14 of 1958 dated 24. 4. 1998.