Dosali Kalavathamma 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 any writ order or direction more particularly one in the nature of Writ of tvlandamus declaring the inaction of the respondents 2 and 3 in providing police protection to the petitioner and the schedule property i.e land in Sy No. 439/AA of an extent of Ac. 2-10 Gts and land of extent of Ac.2-10 Gts in Sy No. 439/E in total Ac. 4-20 Gts of land situated in the limits of Pamireddipally Village of Peddamandadi [\/andal, Wanaparthy District as illegal, arbitrary and itutional and further not registering the FIR against the respondent no.4 to6 ursuant to the complaint dated. 16-09-2024 is illegal, arbitrary and itutional and consequently direct the respondents No 2 and 3 to register against the respondent no.4 to 6 pursuant to the complaint dated. the Fl 16-09- O24 and provide police protection to the petitioner and the schedule i.e. land in Sy No. 439/AA of an extent 6t ec. Z-tO Gts and land of f Ac.2-10 Gts in Sy No. 439/E in total Ac. 4-20 cts of land situated in the Pamireddipally Village of Peddamandadi Mandal, Wanaparthy District. extent limits IA NO: 10F 202s in the etition under Section 151 CPC praying that in the oircumstances stated idavit filed in support of the petition, the High Court may be pleased to terim direction to the respondent Nos 2 and 3 to register the FIR against tssue I poitdent no.4 to 6 pursuant to the .complaint dated. 16-09-2024 and the re I S provide police protection to the petitioner and the schedule property i.e land in Sy No. 439/AA of an extent of Ac. 2-10 Gts and land of extent of Ac. 2-10 Gts in Sy No. 439/E in total Ac. 4-2O Gts of land situated in the limits of pamireddipally Village of Peddamandadi Mandal, Wanaparthy District, pending disposal of the writ petition. Counsel for the Petitioner: SRI RAJAGOPALLAVAN TAYI Counsel for the Respondent No.1 to 3: GP FOR HOME The Court made the.following: ORDER THE HON'BLE SRI JUSTICE T. VINOD KUMAR WRIT PETITION No.11462 of 2025 ORDER: Heard learned Counsel for the petitioner, learned- Government Pleader for Home appearing for official respondent Nos.l to 3, and with the consent of 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 lls involved in the Writ Petition and the manner of disposal, this Court is of the view that notice to unofficial respondent Nos.4 to 6 is not necessary for adjudication of the prcsent Writ Petition.

3. The case of the petitioner, in brief, is that though she had obtained a judgment and decree in respect of the subject land uide OS.No.28 of 2023, dt.05.f0.2023, , the unofficial respondents are not allowing the petitioner to enjoy the fruits thereof, and are threatening the petitioner.

4. Petitioner further contends that since, the unofficial respondents are not allowing the petitioner to enter into 2 her land, she has approached the respondents-authorities and submitted a representation, dt.16.O9.2O24, seeking police protection as well as registering an FIR against the unofficial respondents herein for their illegal acts; and in spite of the petitioner submitting the aforesaid representation, no action is being taken by the respondents-authorities, and such inaction on the part of the respondents it is contended as highly illegal and arbitrary.

5. Per contra, learned Government Pleader appearing on behalf of respondent Nos.1 to 3 would submit that on the petitioner approaching the respondents-authorities and submitting a complaint, dt.16.O9.2024, the authorities have caused prelirninary enquiry and found existence of civil disputes between the petitioner and the unofficial respondents

6. It is further submitted that the respondents thereafter closed the aforesa-id complaint as "civil in nature", and issued intimation to the petitioner of the 3 action taken on the complaint lodged by her, through Petition Management System(PMS)

7. Learned Government Pleader further submits that though the petitioner claims to have obtained a judgment and decree in OS.N.2B/2023, since there is no order from the competent Civil Court to provide police protection in respect of the suit schedule property mentioned therein, the respondents-authorities cannot provide police protection, thereby involving themselves in civil disputes.

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

9. While the petitioner claims to have obtained a judgment and decree in her favour by invoking the civil remedies unde OS.No.28/2023, dt.05.10.2023, however, is now seeking to set in motion criminal law for implementation of the said judgment and decree obtained by her.

10. Since, the petitioner has already set in motion the civil procedure in relation to the subject property and also being successful therein, ought to have taken further steps 4 by filing an Execution Petition (EP) for implementation/ enforcement of the judgment and decree passed in her favour, and instead, chose to approach the respondents- authorities by lodging a complaint against the unofficial respondents claiming that the said respondents are not allowing her to enter the subject property and sought for police protection 1 1. It is to be noted that the unofficial respondents herein having assailed the judgment and decree of the Court below by way of further appeal, the same would also prevent the respondents-authorities from providing police protection as claimed by the petitioner for implementation/enforcement of the judgment and decree, which has not yet attained hnality.

12. Since, - the respondents-authorities having taken action on the representation, dt. 16.O9.2024, submitted by the petitioner, by closing the same as "civil in nature" and the same having been informed to the petitioner, if the petitioner is aggrieved by the aforesaid action taken, has to avail further remedies provided under law, and for the said reason, cannot approach this Court by the present Writ Petition

13. Granting liberty to the petitioner to avail the remedies provided under BNSS, the Writ Petition is disposed of. No order as to costs.

74. Consequently, miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// SD/.S. MALLIKARJUNA RAO ASSI TANT REGISTRAR SECTION OFFICER To, \ 1 2 3 4 5 he Principal Secretary, Home Department Secretariat, Hyderabad, State of elangana. he Superintendent of Police, Wanaparthy, Wanaparthy District' he Station House Officer, Peddamandadi, Wanaparthy District' ne CC to SRI RAJAGOPALLAVAN TAYI' Advocate [OPUC] wo CCs to GP FOR HOME, High Court for the State of Telangana at yderabad [OUT] wo',CD Copies

6. BSR GJP ..1 HIG COURT DAT D:1710412025 OR R WP. o.11462 of 2025 .J6 ?, q (, 2 i htil ?[25 \ * o e'.5PAr itHE !'l DIS OSING OF THE WRIT PETITION, WIT OUT COSTS if\x