The High Court · 2025

Petition under Article 226 ot the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction, more in the nature of Writ of Mandamus declaring the action of the Respondent Nos.2 to 4 on the petitioner Written complaints dt.21-09-2016, 05-09-2016, 04-081 2016 and 02-06-2015 for grant of Police Aid to protect the petitioner and his possession of Plot bearing H.No.16-2-7511931N2111C, an extent of 208 Sq.Yds., in Sy.No.47, situated at Sairam Colony, Saidabad, Hyderabad pursuant to Decree and Judgment dt.05- 11- 2014 in A.S.No.9 ot 2013 passed by the Hon'ble ll Additional Chief Judge, City Civil Court, Hyderabad as highly illegal, irregular and violation of Artictes 14 and 21 of Constitution of lndia and consequently direct the Respondent Nos.2 to 4 to protect the petitioner and his possession and enjoyment over the plot H.No.16- 2-751t93tN2t1lc, an extent of 208 Sq.Yds., in Sy No'47, situated at sairam colony, saidabad, Hyderabad by preventing the Respondent Nos.5 and 6 from in any manner basrng on the petitioner written complaints dt.21-09-2016, 05- 09-2016, 04-08-2016 and 02-06-201 5. l.A. NO: I OF 2016 WPMP. NO: 41413 0F 2016 I Petition under Section 151 CPC praying that in the circumstances stated in the affrdavit filed in support of the petition, the High Court may be pleased to direct the Respondent Nos.2 to 4 to give necessary police aid to protect the petitioner and his possession and enjoyment over the plot H.No.16-2- 751tg3lN2l1tC, an extent of 208 Sq.Yds., in Sy.Nd.47, situated at Sairam Colony' Saidabad, Hyderabad pursuant to Decree and Judgment dt.05-1 t-2014 in A.S.No.9 of 2013 passed by the Hon'ble ll Additional Chief Judge, City Civil Court, Hyderabad by preventing Respondent Nos.s and 6 from in any manner interfering therewith, pending disposal of the writ petition. Counsel for the Petitioner: SRI P.V.RAGHU RAM (NOT PRESENT) Counsel for the Respondent Nos.'l TO 4: SRI D.PRADEEP' AGP FOR HOME Counsel for the Respondent Nos.S & 6: - The Court made the following: ORDER THE I{ONOT'RABLE SRI JUSTICE N.TUIIARAMJI WRIT PEf,ITIOIT No.33s32 ()F 2016 ORDER: This Writ Petition is filed under kncle 226 of Coirstitution of , India seeking the following relief: '...to issue an appropriate writ, order or direction' more in the nature of writ of Marrdarnus declaring the action of t}Ie Respondent Nos 2 to 4 on the petitioner written compl'aints dt'21-09-2016' 05-09-2016' O4-O8-2Ofa and 02-06-2015 for grant of Police Aid to protect the petitioner and his possession of Plot bearing H No'16-2- zSt /gl/ t/Z/t/C, an extent of 208 Sq'Yds', in Sy'No'47' situated at Sairam Cotony, Saidabad, Hyderabad, pursuart to Decree and .rudgment dt.oi- 11- 2014 in A.S.No.g of 2oL3 passed by t}te Hon t'le II Add"itional Chief Judge, City Civil Cout, Hyderabad as highly illegal' irregular and violation of Articles L4 and' 2l of Constitution of India anJ consequently direct t}rc Respondent Nos'2 to 4 to protect the petitioner and his possession and enjojrme-nt over the plot H'No'16- 2- ,St lglle/ZlttC, an edent of 2O8 Sq'Yds', in Sy'No'47' situated at Sarram Colony, Saidabad, Hyderabad by preventing tl1e Respondent Nos.s and 6 ftom h any flrarurcr basing on the petitioner written complaints dt-21-Og-2}16, 05-09-2016, O4-O8-2016 arld 02-06-20 15 aIId to pass..." 2 None appeared on behalf of the petitioner' 3- Heard Mr. D.Pradeep, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 4'

4. Learned Assistant Government Pleader for Home submits' on instructions, that no crime has been registered on the written representations submitted by tlre petitioner, as the subject matter pertains to a purely civil dispute' It is further submitted thatnodirectionhasbeenissuedeit}rerbythecompetentcivil court or by the higher polic€ authorities for extending police aid 2 in this regard. Hence, the petitioner ought to havq availed the appropriate civil remedies available under law rather tlmn invoking the extraordinary jurisdiction of this Coud under Article 226 of the Constitution of India.

5. I have perused the material placed on record.

6. The petitioner contends that despite submitting written complaints, the respondent police authorities failed to register a crime or extend police protection, ttrereby neglecting tJreir statutory duty. Thus, the grievance of the petitioner, in essence, pertains to the non registration of a crirninal case based on his complaints.

7. The Hon'ble Supreme Court, in Saktri Va.su u. State of U.P. & OtLers, AIR 2OO8 SC 907, and reaflirmed tn M. Subramaniam u. S. Janoki & Others, AtR 2O2O SC 387, has categorically held that a writ petition under Article 226 of the Constitution of India is not maintainable for seeking directions to register a crirninal case without hrst exhausting the statutory remedies available under the Code of Criminal Procedure, 1973 (Cr.P.C.), namely, by approaching the Superintendent of Police under Section 154(3) or by Iiling a private complaint under Section 156(3) v '-' before the jurisdictional Magistrate. 3

8. In light of the settled legal position and in the absence of any exceptional circumstances warranting interference, this Court is of the considered view that the prayer of tJre petitioner for a direction to register a crirne is not maintainable under Arttcle 226 of the Constitution of India. g. However, it is made clear that tJre petidoner is at liberty to avail appropriate remedies as provided under tlle Code of Criminal Procedure, 1973, if his grievance still survives'

10. Accordingly, the Writ Petition is dismissed as not rhaintainable. There shall be no order as to costs. Miscellaneous Petitions, pending if any, shall stand closed' SO/.M. NAGAMANI ASSISTANT REGIS //TRUE COPY// CTION OFFICER RAGHU RAM, Advocate loPU R HOME, High Court for the Sta Telangana, at To 1 2 3 PSK, BS One CC to SRI P.V Two CCs to GP FO Hyderabad. [OUT] Two CD Copies '8, HIGH COURT DATED:04t1112025 ORDER 't HES WP.No.33532 of 2016 o o r$ i.rri ffi 7z t * I DISMISSING THE WRIT PETITION AS NOT MAINTAINABLE WITHOUT COSTS 6 JKq 3l'l.-c '