Rasheeda Begum v. The State of Telangana

Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue writ, order or Direction, or any other appropriate order one in the nature of a wRIT OF MANDAMUS, declaring the action of the Respondent No.4 in not providing Police protection to the Petitioner who is a senior citizen and widowed lady of a deceased Ex-Army Man against the Respondent No.6 in respect of land in sy.No.603 admeasuring Ac.0.16 Guntas, situated at Pulumamidi village, Nawabpet Mandal, Vikarabad District, Telangana state, inspite-oJ h1vlng Ad-literim injunction Order dated 25to212024 in lA.No.131 of 2025 in OS.No.44 of 2025 passed by the Honourable I Additional Junior civil Judge, vikarabad District, which is still subsisting as well as action of the Respondent No.S not taking any action against the illegal interference of the Respondent No.6 over the Petitioner s land as illegal, arbitrary and violation of principles of natural justice consequently direct the Respondent No.4 to provide Police protection to the Petitioner against the Respondent No.6 in respect of land in Sy.No.603 admeasuring Ac.O.16 Guntas, situated at Pulumamidi Village, Nawabpet Mandal, Vikarabad District, Telangana State, in view of Ad-lnterim injunction Order dated 2510212024 in lA.No.131 oI 2025 in OS.No.44 of 2025 passed by the Honourable I Additional Junior Civil Judge, Vikarabad District lA NO: 1 OF 202s Petition under Section '151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High CbLi( may be pleased to direct the Respondent No 4 to provide Police protection to the Petitioner against the Respondent No.6 in respect of land in Sy.No.603 admeasuring Ac.O.16 Guntas, situated at Pulumamidi Village, Nawabpet Mandal, Vikarabad District, Telangana State, in view of Ad-lnterim injunction Order dated 2510212024 in lA.No.'l31 of 2025 in OS.No.44 <tf 2025 passed by the Honourable I Additional Junior Civil Judge, Vikarabad District, pending disposal of the main Writ Petition Counsel for the Petitioner: SRl. MD FAYAZ ALI Counsel forthe Respondent Nos.1 to 4: GP FOR HOME Counsel forthe Respondent No.5: GP FOR REVENUE Counsel for the Respondent No.6: -- The Court made the following: ORDER i I THE HON'BLE SRI JUSTICE T. VINOD KUMAR 1V.P.No.7927 of 2o25 ORDER: Heard learned counsel for the petitioner, learned Government Pleader for Home appearing for reipondent Nos. 1 to 4, learned Government Pleadei for Revenue appearing for respondent No.5, and with the consent of the learned counsel appearing for the respective parties, the writ petition is taken up for hearing and disposal at admission stage.

2. Having regard to the nature of lis involved in the Writ Petition and the manner of disposal, this Court is of the view that notice to unofficial respondent is not necessary for adjudication of the present Writ Petition.

3. Shorn of unnecessary details, the case of the petitioner, in brief, is that though he had hled a suit against the 6th respondent uide O.S.No.44l2O25 and the concerned Court having granted injunction in his favour uide IA.No.135 of 2025 on 25.O2.2O25, the unoflicial respondent is interfering with his possession over the suit schedule property; that lor the said reason, he had approached the respondents-authorities and sought for being provided with police protection; and that in spite of the petitioner approaching the respondents-authorities and submitting a i r 2 representation seeking for police protection, the same is not being provided, which action of the respondents_authorities, it is contended as highly illegal and arbitrary.

4. Per contra, learned Government pleader for Home appearing on behalf of respondent Nos. 1 to 4 and the learned Government Pleader for Revenue appearing on behalf of respondent No.S, would submit that since, the petitioner had already obtained an order of injunction from the concerned Court of Civil jurisdiction, the petitioner has to approach the concerned Civil Court seeking for an order of police aid for implementation of the aforesaid injunction order granted.

5. Learned Government Pleader for Home further submit that the petitioner instead of approaching the competent Court of Civil jurisdiction, r.r,hich had granted injunction in favour of the petitioner for providing police aid/protection for implementation of the aforesaid inj unction order, has filed the present Writ petition seeking police aid from this Court.

6. Learned Government Pleader for Home would further submit that if the order of injunction granted in favour of the petitioner was disobeyed by the 6ft respondent, it was always open for the petitioner to move the concerned Court for proceeding against the said respondent for contempt of the order, and for the said reason 3 a1so, police aid/protection as sought for by the petitioner cannot be granted in the writ petition.

7. I have taken note of the respective submissions made.

8. Having regard to the submissions made., and taking note of the fact that the petitioner had already filed a suit uide O.S.No.44/2025 before the concerned Court of Civil jurisdiction and the said Court having granted injunction in favour of the petitioner uide I.A.No.13l of 2025 oo 25.02.2025, this Court is of the view that if there is any violation of the aforesaid order by the 6fi respondent, the petitioner should avail the further remedies provided under the Civil Procedure Code including moving of the concerned Court for granting of police aid for implementation of the order of injunction, and for the said purpose, the Writ Petition under Articl e 226 of the Constitution of India cannot be maintained. 9 . Granting liberty to the petitioner to move the concerned Civii Court, the Writ Petition is disposed of. No order as to costs.

10. Consequently, miscellaneous petitions, if any, pending in these writ petitions shall stand closed. //TRUE COPY// s '-V.KAVITHA DEPUTY REGISTRAR SECTION OFFICER The Principal Secretary, Home Department, Secretariat, Hyderabad The Superintendent of police, Vikarabad District, Telangana State The Deputy superintendent of porice, Vikarabad District, Terangana state. l+ To, 1 2 J .\ \ 4 The Station House Officer. Nawabpet police Station, Vikarabad District, Telangana State I

5. The Tahsildar, Nawabpet Mandal, Vikarabad District, Telangana State 6. One CC to SRt N4D FAYAZ ALt Advocate tOpUCl 7. Two CCs to Gp FOR HOME ,High Court for the State of Telangana. [OUTJ B. Two CCs to Gp for Revenue, High Court for the State of Telangana at I . Two CD Copies KKS l+ LS Hyderabad. [OUTJ HIGH COURT '| bRteo,t zto3r2o2s ( ( ORDER WP.No.7927 of 2025 1i:E S14 6c' ,/.) o o t t ((\( 1E APR IIE 2 .9 Aqrr:nq.o DISPOSING OF THE WRIT PETITION WITHOUT COSTS (# /(d lry 3-[il"i-