R/SCR.A/5109/2025 ORDER DATED: 16/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION - POLICE PROTECTION) NO. 5109 of 2025 ========================================================== JASHVANTBHAI CHUNILAL BARIA Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: UMARFARUK M KHARADI(8155) for the Applicant(s) No. 1 MR TIRTHRAJ PANDYA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 16/07/2025 ORAL ORDER 1. Rule. Learned APP waives service of notice of rule for and on behalf of the respondent-State. 2. By virtue of present petition under Article 226 of the Constitution of India, the Petitioner prays for appropriate direction to respondent No.2 and 3 to grant adequate and necessary police protection to the petitioner to visit, cultivate, enjoy and construct his house in his ancestral land situated at Randhikpur village, as described in para 2 of the petition. 3. From the record, it appears that, earlier the petitioner had preferred Special Criminal Application No.1659/2025 before this Court, in which coordinate Bench of this Court vide order dated 05.02.2025 issued directions to the authority to look into the representation dated 05.12.2024 of the petitioner and communicate the outcome to the petitioner within a period of one week. Pursuant to the said direction, the police has investigated the complaint of the petitioner and as the petitioner had made a request to cultivate the disputed land as per his will and whims, the opponents have initiated RTS proceedings before the Collector and based on the documentary evidence, mutation entries made in the revenue record of the subject land i.e. Survey Nos.51, 37, 163, 156 and 377 came to be cancelled by the District Collector. Further, Criminal Case No. 02/2024 filed R/SCR.A/5109/2025 ORDER DATED: 16/07/2025 at the instance of maternal uncle (Mama) is also pending before the Court of learned JMFC. 4. Considering the fact that the litigation between the parties are already pending before the Court of law, Police Sub-Inspector, Ranadhikpur Police Station, vide communicated dated 15.03.2025 informed the petitioner that no police protection to cultivate the agriculture land can be granted to the petitioner. 5. In view of the principles laid down in the cases of (i) P.R. Muralidharan & Ors. vs. Swami Dharmananda Theertha & Ors., reported in 2006 (4) SCC 501, (ii) Moran Mar Baselios Marthoma Mathews vs. State of Kerala, reported in 2007 (6) SCC 517, and (iii) Mahendrabhai Babubhai Patel vs. State of Gujarat, reported in 2023 (3) GLR 1749, it is well established that merely because a party requests police protection, the Court is not obligated to issue a writ of mandamus. A party is not entitled to police protection in absence of any threat perception to his/her life or liberty. Since an ownership dispute is ongoing with respect to the property and the revenue proceedings have already been decided against the petitioner, the petitioner is not entitled to police protection for visiting or cultivating the land. Furthermore, the petitioner's right to cultivate the disputed land has not been finally determined by the competent civil court. Therefore, the respondent authority has rightly refused to provide police protection to the petitioner for visiting or cultivating the subject property. 5. For the foregoing reasons, no case is made out to issue any direction for police protection as sought for by the petitioner. Hence, petition is dismissed. (HASMUKH D. SUTHAR,J) SUCHIT Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PATEL SUCHIT JAYESHBHAI(HC01083), Private Secretary, at High Court of Gujarat on 17/07/2025 15:22:51