The High Court · 2025

...RESPONDENTS Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High cou,t may be pleased to issue writ or direction particurarry one in the nature of writ of l\rlandamus decraring the action of the Respondents No..r to 4 in not grantrng police protection to the petitioners to safeguard petitioners right over the suit schedule property i.e., Agricurturar dry rand to an extent of Ac.4-39 guntas in sy.No.33/21, situated at Konaraopet viflage of Regonda rr4andar, Jayashankar Bhupalpally District is ilegar, irregurar and vioration of principres of naturar justice and consequently direct the Respondent No.5 and 6 not to interfere with the peaceful possession and enjoyment of the petitioner over the suit schedule property. I.A. NO: oF 2017 1 PMP. N O:318 3 0F 2017 Petition under section '151 cpc praying that in the crr umstances stated in the affidavit f;led in support of the petition, the High court mzI be pleased to direct the Respondeni No 2 to 4 to give porice protection to the p(rr troners to safeguard her rights over the suit schedure property i.e., Agricurturar d'1 rand to an extent of Ac.4-39 guntas in Sy.No.33/21, situated at Konaraopet villagr; 3f Regonda Mandal, Jayashankar Bhupalpaly District pending disposal of the writ tr etition. Counsel for the petitioner: SR.l G.VIJAYAPAL REDDY (NOT ,RESENT) Counsel for the Respondent Nos.1 fO +,'S'Cf i.i"ru"uou* Rt DDy, AGp FOR Counsel for the Respondent Nos.S & 6: _ The Court made the following: ORDER HoME THE HONOURABI.E SRI JUSTICE N.TUKARAMJI WRIT PETI ION No.27 02oF 2017 OR DER: This Vrit Petition is filed under Article 226 of C.onstitution of India seeking the following re\ef/s. "... to issue writ or direction panicularly one in the nature of Writ of IVlandamus declaring rhe action of the Respondents No.l to 4 in not granting police protecdon to the petitioners to safeguard petitioners right over the suit schedule property i.e., Agricu.lruril dry iand to an ey.ent of Ac.4-39 guntas in Sy.No.33l21, siruated at Konaraopet vi.llage of fugonda Mandal, Jaiashankar Bhupalpally District is illegal, irregular and vioiation of principles of natural justice and consequentiy direct rhe Respondent No.5 and 6 not to interfere with the peacefu.l possession and enjol,rnent of the Petitioner over the suit schedule properry.... ." 2 I have heard Mr. G.Vijaypal Reddy, learned counsel for the petitoner Mr.G.Aniketh Reddy, leamed fusistant Govemment Pleader for Home appearing for respondent Nos.1 to 4.

3. None appeared for the peritioner.

4. Learned fusistant Govemmenr Pleader for Home submits that the petitioner's prapr for grant of police protecrion is nnsr.rstainable, as it is neither supported by ury specilic order of a competent court nor by *y direction from higher authorities. It is 2 further submined that the petitioners themselves h: J earlier lodged a complaint which was registered as G-ime No.Lti , of 2013,later taken cognizance of as CC No.7 of Z)tS against lspondent Nos. 5 and 6. Moreover, the petitionen rely upon a der: ee of pelpetual injnnction granted by the Gvil Coun in O.S. N<r 55 of 2)ll.In such circumstances, the appropriate course for the petitioners would have been to approach the Gvil C-oun for e (ecurion of the said decree and to seek police aid through the e <ecuting courr. Instead, bypassrng the statutory mechanism an< invoking the extraordinary jurisdiction of this Court under fut cle 226 of the Constitution for police protection is legally impenr ssible. On this ground, dismissal of the writ petition is pra1red for.

5. I have carefullyperused the record.

6. The affidavit filed by the petitioners refen ,r the decree of pennanent injunction passed bythe Gvil Court an,l to the criminal proceedings initiated against respondent Nos. 5 ar d 6. However, there are no specific pleadings or materials on rec(): d to show that the petitionen had approached the competent civ I court or the 3 police authorities by filing a report or application specifically seeking enforcement of the decree and consequent police protection. Mere reliance on the injturction decree, q,ithout resorting to execution proceedings, cannot be a basis for invoking the exraordinarywrit jurisdiction of this Court. 7 It is a senled principle of law that when a civil court decree exists, the appropriate remedy for enforcement lies in filing execution proceedings under Order )Oil of the C-ode of Gvil Procedure, 1908, and if necessary seeking police aid through the executing court (KK. Dewan u. Distict Magistrate, AIR /982 SC 1475; Pratibha Singh u. Shanfr Deui Prasad, (2003) 2 SCC il)). Similarly, tn Kanubhai Brahnbball u. State of Gajarat, AIR 1990 SC 491, the Supreme Court emphasized that writ jurisdiction should not be invoked for enforcement of private civil rights when efficacious remedies exist under the statutoryframework 8 In light of these principles, it is evident that the petitioners, without exhausting the effective statutory remedies available for execution of the civil coun decree, have approached this Court 4 - under Article 226 seeltng police protection. In the rbsence of ary exceptional or extraordinary circumstance such as L eminent threat to life or gross failure of statutory authorities, the xryit petition is not maintainable. Nonetheless, if the cawe of acti,t r srill survives, liberry is reserved to the petitioners to pursue t re appropriate remedy before the civil court for execution of the Jecree and for obtaining consequential police protection in accord,r rce with law.

9. This \Xlrit Petition is dismissed. There shall b: no order as to costs. Miscellaneous Petitions, pending if any, shall r r rnd closed. //TRUE COPY// t ,SRINIVASA REDDY I: YANT REGISTRAR SD/- $pcrtoN oFFIcER One CC to SRI G VIJ Two CCs to GP FOR Hyderabad. [OUT] Two CD Copies AYAPAL REDDY, Advocate I P HOME, High Court for the StatA t,r jl r f Telangana, at To 1 2 3 PSK. GJP MMT HIGH COURT DATED:0410912025 ORDER WP.No.2702 ot 2017 ,3 lHE )q. tJ. ) 09,, t0?6 .'r' _l .,-'l t -. ) , DISMISSING THE WRIT PETITION WITHOUT COSTS 6 vrur |;[,;t*