High Court · 2025

Petition under Article 226 of lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an order/direction or any appropriate writ, more particularly one in the nature of WRIT OF MANDAMUS, declaring the inaction of the 3'd Respondent in providing the police protection to the petitioner from respondents 5 to 8. with the peaceful possession and enjoyment of the petitioner land to an extent of Ac.'1 .00 gts in Sy No.25l1 , situated at Adavidevulapally Revenue Village and Mandal, Nalgonda District, in pursuant to the petitioner representation dated 19-02-2020, 16-12-2024, and letter No.Bl35l2021 , dt.22-O2-2021 submitted by the 4th respondent, in respect of Decree and Judgment passed in OS No 300 of 2013 dt.15-02-2024, on the file of the Principal Junior -Civil Judge Miryalaguda. is illegal, arbitrary and u n constitution al and violation of principles of natural justice, and consequently direct the 3rd respondent to provide the necessary police protection to the petitioner with the peaceful possession and enjoyment of the petitioner land to an extent of Ac. 1 .00 gts in Sy. No.25i 1 , situated at Adavidevulapqlly Revenue Village, and Mandal, Nalgonda District, in pursuant to the petitioner represe ntation daled 1 6-1 2-2024. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pteased To direct the 3rd respondent to provide the necessary police protection to the petitioner with the peaceful possession and enjoyment of the petitioner land to an extent of Ac. 1 ,00 gts in Sy. No.2511 , situated at Adavidevulapally Revenue Village and Mandal, Nalgonda District, in pursuant to the petitioner representation dated 16-'12-2024, pgnding the above writ petition. Counsel for the Petitioners: SRI HARI KISHAN KUDIKALA Counsel for the Respondent Nos.1 to 3: GP FOR HOME Counsel for the Respondent No.4: GP FOR REVENUE Counsel for the Respondent Nos.5 to 8:-- The Court made the following: ORDER ----..- THE HON'BLE SRI JUSTICE T. VINOD KUMAR WRIT PETITION No.5579 of 2O2S ORDER: . Heard learned counsel for the petitioner' learned Government Pieader for Home appearing for the official respondent Nos. 1 to 3, learned Government Pleader for Revenue appearing for respondent No'4, and perused the record.

2. Despite the petitioner being directed to take dut notice to respondent Nos- 5 to B and lile proof of service' the same has not been filed till date' However' having regard to the manner of disposal of the writ petition and nature of lis involved, this Court is of the view that the matter can be proceeded with, without having the audience of the said resPondents.

3. The case of the petitioner, in briel is that though he has approached the 3'd respondent-authority and submitted representations, dt'19'O2'2O20 and dt.16.12.2024, for providing police protection to the petitioner from respondent Nos.S to B, who are interfering \ I l l I \ 2 over the larrd survey No.2S/ I lage and Mandal, ns are not being gh the petitioner and decree ln O.S.No.3OO of file of principal Junior Civil action of the responden ts- with his peaceful possession and enjoyment to an extent of Acre 1.00 Suntas in srtuated at Adavidevulapally Revenue Vil Nalgonda District, the said representatio acted upon by the authorities, even thou has obtained a judgment 2013, dt. LS.OZ.2O24 on the Judge. Mirya.laguda, which authorities it is contended as highly illegal and arbitrary. 4. Learned Government pleader appearing on behalf of respondents, on the other hand, would submit that since, the petitioner had already set in motion the civil procedure, has to take further steps seeking enforcement of the aforesaid judgment and decree by initiating execution proceedings, wherein the petitioner can seel uq, seel( police aid by filing a, apprication. submits that

5. At this stage, Iearned counsel for the petitioner the petitioner has also initiated execution of the aforementioned decree, an<i pending consideration of the proceedings seeking enforcement judgment and ,' 3 same, as the unofficia-l respondents have interfered with his peaceful possession and enjoyment, he has approached the respondents-authorities seeking police.aid' 6 I have taken note ol the respective submissions made.

7. Having regard to the submissions made as above, and since, in the facts of the present case, the petitioner claims to have obtained a judgment and decree in his favour in respect of the suit schedule property ')'O" O.S.No.300 of 2013, dt.15.02.2o24, and also claims to have fiied an execution petition for enforcement of the aforesaid decree, this Court is of the view that the petitioner having availed the remedies provided under CPC has to continue with the said proceedings, and for the said reason, the respondents-authorities cannot be directed to provide police aid in a writ petition, for which direction, the petitioner has to take steps by filing necessaq/ application in the pending execution proceedings if there is any interference from the unofficial respondents herein' 4

8. Grarting liberty to the petitioner as noted hereinabove, the Writ petition is disposed of. No order as to costs.

9. Consequently, miscellaneous petitions pending, if any. shall stand closed. //TRUE COPY// SD/- N- SRIHARI EPUTY REGISTRAR SECTION OFFICER The State of Nalooda District. Telanoana. Hvderabad

1. The Principle Secretary (Home Department), Secretariat' z in. Cl*r"'lnjriector of Police, Miryalaguda Rural, Nalgon 5 ii ; Si"ti;" HSrsJoricer, Adavidevulapally, Adavidevula a ifr"'ilil",rojildavidevulapallv Mandal, Nalgon.*r District 5 d; bt*io-sii niii kisnan'Kurjikala, Advocate toPU-cJ ; i;; dct to z i,i"i"cdi" iiJ op tot Revenue, High Court for the State of relangana' at tor Homb, High Court for the State of Telangana' at da District. pally Mandal, Hvderabad [OUT] -cp HyderabadIOUT] B. Two CD CoPies To, TJ SS "Fnq HIGH COURT DATED:1610412025 ORDER WP.No.5579 of 2025 k /Q c] H1 Sre {t 2 2 AY 2l,?5 r I .s Ptr TCt{ DISPOSING OF THE WRIT PETITION WITHOUT COSTS P,.tq, ,r\s \{