Manthri Kashaiah v. 1. The State of Telangana

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 pleased to direct the respondent Nos. 2 and 3 to provide potice assistance in implementation of the decree for permanent injunction granted in O.S.No.322 of 2008 on the file of the learned I Additional Senior Civil Judge, Warangal dated 23.4.2015, pending final disposal of the writ petition. Counse! for the Petitioner : SRt V.S.R.ANJANEYALU counsel for the Respondents No.lto3 : sRr M.sRlNlvAS, AGp FoR HOME The Court made the following: ORDER THE HONOURABLE SRI JUSTIGE N.TUKARAMJI WRIT PETITI9N No. 26006 OF 2016 OR ER This Writ Petition is filed under Article 2Xi of the Constitution of lndia seeking the following relief: "...fo issue a writ, order or direction pafticularly one in the nature of wit of Mandamus directing the respondenf IVos. 2 and 3 to provide police assrbfance in implementation of the.decrce for permanent injunction granted in O.S. No. 322 of 2008 on ttre file of the leamed t Additional Senrbr Civil Judge, Warangal, dated 23-4-2015 declaing their inaction, as illegat and ultn vires to the provisions of Articles 14, 21 and 300-A of the Constitution of ldia and pass such other order or orders..."

2. None appeared for the petitioner.

3. Mr. M. Srinivas, learned Assistant Government Pleader for Home, appearing for the respondents, submits that this Court, by order dated 05.08.2016, having considered the submissions made on behalf of the petitioner, granted an interim direction to the respondents/Police authorities to extend protection as prayed for. ln compliance with the said interim order, police protection was provided fior th€ purpose of implementing the decree dated 23.04.2015. He further submits that, as the petitioner has not been pursuing the matter thereafter, it appears that the interim order has effectively redressed the grievance of the petitioner. ! I ! : : 1 1 I i I I 2 Accordingly, the learned Assistant Govemment Pleader prays for dismissal of the writ petition.

4. I have perused the material placed on record.

5. The pr4yer of the petitioner in the present writ petition is for providing police assistance for implementation of the decree for permanenl, injunction granted in O.S. No. 322 ot 2008. The record clearly indicates that this Court, by way of an interim measure, directed the police autthorities to provide necessary protection, which was duly extended in compliance with the order. Having regard to the subsequent developments, and as the petitioner has not pursued the matter further, it appears that the grievance of the petitioner stands effectively addressed.

6. lt is, however, a settled proposition of law that where a decree or judgment has been passed in a civil suit, the proper course for the decree-holder is to seek enforcement of such decree by initiating appropriate execution proceedings before the competent civil Court. Without exhausting such statutory remedy, invoking the writ jurisdiclion of this Courr under Article 226 of the Constitution of lndia for implementation of a civil r3ourt decree is ordinarily impermissible, except in exceptional or extraordinary circumstances. Coordinate Bench of this This principle has been affirmed by the Court in W.P. No. 8698 of 2025, dated 13.06.2025. \ t 3

7. ln the present case, as this Court has akeady issued an interim direction, pursuant to which police protection was e(erded, and the grievance of the petitioner has thereby been redressed, no lurther adjudication is warranted. However, liberty is reserved to the petitioner to avail appropriate legal remedies before the executing Court, should any future contingency arise.

8. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. \ To, Pending miscellaneous applications, if any, shall stand closed. SD+M.NAGAMANI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER

1. The Principal Secretary, state of Telangana, Home Department, secretariat euitdings,'at Hyderabad.

2. TheSuperintendent of Police, Warangal. 3. The Station House officer, Venkatapur Police station, venkatapur, warangal Dist.

4. One CC to SRI V.S.R.ANJANEYALU, Advocate' [OPUC] 5. Two CCs to GP FOR HOME, High Court forthe State of Telangana' [OUTI 6. Two CD CoPies. BSK ''ri;, ifl HIGH CO[.JRT.; DATED:06/1 012025 r'+*i / / t z 6)\ 2 I Jrt{ 2u[ t * ) I\ ORDER WP.No.26006 of 2016 DISPOSING OF -THE WRIT PETITION WITHOU'T COSTS