The High Court · 2025

Nana Srinivas Reddy,, S/o. Laxma Reddy, aged Bupiness, R/o. Goparajpalli Village, Jangaon fvlandal, 'ofTelangana. about 38 years, Occ Warangal District, State ...PETITIONER AND Telangana. District, State of Telangana. . District, State of Telangana. Secretariat Buildings, Hyderabad.

1. The.state of relangana, rep. by its Principal secretary, Home Department, 2. The Superintendent of Police, Warangal District, Warangal, State of 3. If,g PqpflY Superintendent of Police, Jangaon, Jangaon,Mandal, Warangal 4. The station House officer, Jangaon Police station, Jangaon, warangar 5. Gudelli Thirqpathi Reddy, S/o Chandra Reddy, aged about 37 years, Occ: Agricult-t!", ilo. Goparajpalli village, Jangaoh Mbndal, waranlar District, State of Telangana. 6. Gudelli Mahender Reddy, s/o. chandra Reddy, aged abqut 3b years, R/o. , 9oqrl?t!.rlliVillage, Jqrlgagl Mandal, Warangal District, State 6f Telangana. 7. Gudelli'Thulusamma, S/o. Chandra Reddy, aged about 52 ye'ars, Occ: Agricullure, R/o. Goparajpalli Village, Jangaon Mandal, waiapgal District, State of Telangana. 8. Gudelli Malla Reddy, S/o. Not kngwn to the ietitioner, aged about 37 years, Q.cc;AEr1cuft ure,"R/o. Go parajpa lli Vil lage, Jangaon Mand a l, Wara ngdl District, State of Telangana. 9. Gudelli Yakub Bgddy, S/o. Not known to the petitioner, aged about 42 years, occ: Te?.cher, R/o. GoparajpalliVillage, Jangaon Mandal, warangar Di-strict, State of Telangana. :

10. Gudelli Narasimha Reddy, S/o. Raji Reddy, aged about 40 years, Occ: Tgacher, R/o. GoparajpalliVillage, Jangaon [Mandal, Warangal District, State of relangana' ...RES'.NDENTS a Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, tne High Court may be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents 2 to 4 herein in not giving protection to the Petitioner and his property admeasuring Ac.0-20 gts in -JjlfEt ,,;*#1L Sy.No.1, Ac.C)-32 Gts. in Sy. No'.2, Ac.0-35 Gts. in Sy. No. 3 and Ac.4.29 gts. in Sy. No.5/A, situated at Goparajupally Revenue Village, Jangaon Mandal, Warangal Di:;trict as illegal, arbitrary and unjust and consequently direct the respondents 12 to 4 herein to provide protection to the petitioner as well as to his properties. l.A. NO: 1 OF 2016(WP P. NO: 31865 OF 2016) 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 respondents to 2 to 4 herein to provide protection to the person and property of thepetitionerherein in Ac.0-20 gts. in Sy. No.1, Ac.0-32 Gts. in Sy. No.2, Ac.0- 35 Gts. in Sy. No. 3 and Ac.4.29 gts. in Sy. No.S/A, situated at Goparajupally Revenue Villa,ge, Jangaon Mandal, Warangal District, pending disposal of this writ petition. Counsel for the Petitioner: SRI Y. ASHOK & SRI l. VENKATA PRASAD Counsel for the Respondent No. 1 to 4: MR. R. LAXMIKANTH REDDY AGP FOR HOME Counsel for the Respondent No. 5 to 10: ..- The Gourt merde the following: ORDER a /-) 1 THE HONOURABLE SRI IUSTICE N.TUKARAMJI ORDER: This \flrit Petition is filed under Article 226 of Constitution of India seeking the following relieflsr *... to issue a wrig order or direction more particularlyone in the nature of VRIT oF IyIANDAIvIUS declaring the action of the respondents 2 to 4 -to hgrein in not dvrnE protection the pedtioner ,"a mr properry admeasuring Ac.0-20 ga in sy.No.l, Ac.o-32 Gts. in sy. No.2, ec.o5cts. i, Sy. No. 3 and Ac.4.2? So.- p Sy. No.5/,\ siruaied at Goparajupally Revenue village, Jangaon ry9"dr! l7arangal District as illegal, ,rtimry^""i unjust and conseque.ntly direct the respo-ndents 2 ro a hirein ,o prorrid. protection to the petirioner as well as tohis propenies..... ."

2. Fleard Mr.Y.Ashok I.Venkara Prasad, learned counsel for the petitioner and lt&.Rla:<mikamh Reddy, learned fusistant Government Pleader for Flome appearing for respondent Nos.L to 7

3. Leamed cour:sel for the petitioner would submit that, in spite of represenradon &ted 0r.07.20r,6, rhe respondent-police a authorities failed to exrend protection ro the petitioner, rhus, rh. present petition is filed seeking appropriate direction. I i 2

4. Lrarrred fusistant Government Pleader for Home would submit th,rt, the police never received rePresentation dated OL.O7.2OL6 as contested bythe petitioner. That aPart, if the police failed rc take appropriate action, the petitioner ought to have availed regplar remedies are available under the G.P.C/BNSS' Wfuhout e>rhausting those remedies, seeking a direction under the writ jurisdiction, is not maintainable- 5 I have pensed the materials on record.

6. The contention of the petitioner essentially is that, basing on his repott,l representation, the police-respondent Nos.2 to 7 has faited to respond in giving Protecdon. In such situation, the petitioner ought to have placed the action on the Part of respondent police before the higher authodties of the police or the t Ivlagistrate concerned. V/ithout exhausting the available effective remedies and in the absence of any exceptional circumstance, approachi:ry this C-ourt under Article 226 of Cor:stitution of India, held tp be not maintainable. This legal position has been fonified -. '..-,-=_..- 3 by the Hon'ble Supreme Court in Three-Judge Bench bemeen M. Subramaniam u. S. Janaki, AIF* 2020 SC 387, wherein it has been held while approving the dictum tn Sakii Vasu a. State of [J.P. and Otbers, AIR 2008 SC 907, that without availing effective and ahernative remedy available under G.P.C/BNSS, seeking relief trnder the Article 226 of Constitution of India is not maintainable.

7. In view of the senled legal pbsition, this petition stand not maintainable, however, the rrghtr of the petitioner are reserved to avail appropriate remedies available under la*, if cause still survlves.

8. Accordingly, this writ petition is dismissed. There shall be no Iorcler as to costs. Miscellaneous Petitiors, pending f *y,shall sand closed. SD/.S.MALLIKARJUNA RAO //TRUE COPY// SECTION OFFICER To,

1. One CC to SRI Y. ASHOK RAJ 2. Two CCs to GP FOR HOME, H 3. Two CD Copies MMT ^lT of Telangana. [OUT] HIGH COIJRT DATED i1510912025 ORDER WP.No.25i782 of 2016 '(liE s 3 I ,llN 2026 J- i)i 't * DISMISSING THE WRIT PETITION WITHOUI'COSTS a s' 'N.o