Court raps Cyberabad police for not providing protection to petitioners’ land

Coming to the rescue of an aggrieved family, the Hyderabad High Court has directed the authorities to provide police aid to the petitioner’s land.

HYDERABAD: Coming to the rescue of an aggrieved family, the Hyderabad High Court has directed the authorities to provide police aid to the petitioner’s land.

While declaring the action of the Cyberabad police in not providing police protection to the petitioners’ land, the court said, “It would be travesty of justice to allow respondents (rival claimants) to violate the order of injunction and claim to have dispossessed the petitioners from the subject property in violation of the injunction order.”

Justice M S Ramachandra Rao was allowing a petition filed by A Bharathi and others challenging the inaction of the police in providing aid for implementation of an injunction order granted in their favour on September 24, 2012 by the II Additional District and Sessions Judge, Ranga Reddy district at LB Nagar restraining the rival claimants from interfering with the peaceful possession and enjoyment of the petitioners in respect of their land admeasuring about one acre situated at Hydershakote village in Rajendranagar mandal of the district. After hearing the case and perusing the material on record, the judge noted that it is the bounden duty of the police to obey the order of the court directing to provide police protection to individuals.

In the present case, the rival claimants cannot be allowed to take advantage of their own wrong in violating the temporary injunction granted by the Civil Court in favour of the petitioners and digging either a borewell or putting notice boards or doing any other acts on the subject land, the judge said.
Relying upon a judgement of the High Court in Satyanarayana Tiwari vs station house officer of Santhosh Nagar police station case, the judge said that no authority in the state, revenue or police, can ignore the findings of the civil court or refuse to take steps to see that the order is implemented.
The petitioners have made out a clear case for grant of police aid to protect their possession of the land. While allowing the petitioners’ plea, the judge directed the rival claimants to pay costs of `10,000 to the petitioners for taking advantage and entering into the subject land.

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