High Court · 2025

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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the Sth respondent in not providing the Police Protection to the Petitioner and to the lands of the petitioner situated in Sy.No. 306/4, of Serial No. 2, admeasuring Ac.1 - 00 Gts. and Sy.No. 306/41 , of Serial No. 2, admeasuring Ac.2-33 Gts., total admeasuring Ac.3-33 Gts', situated at shivampet Virage and Mandar, Medak District., inspite of petitioner making specific compraint dated 10.06.2025, taking to the notice of the 5th respondent about the inference of the 7th respondent with the peacefur possession and enjoyment of the petitioner over the above lands and inspite of subsisting Judgment and Decree dated in O.S.No. 9412017, dated 10.10.2022, as highly illegar, arbitrary and in vioration of Articre 300-4 of the constitution of India, consequently direct the 5th respondent to forthwith provide porice protecrion to the Petitioner and to the rands of the petitioner situated in sy.No. 306/4, of seriar No. 2, admeasuring Ac.1 -00 Gts. and Sy. No. 306/41 , of Seriar No. 2, admeasuring Ac 2-33 Gts., totar admeasuring Ac.3-33 Gts., situated at shivampet Viilage and Mandal, Medak District. tANO: 1OF2 025 Petition under Section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petiti0n, the High court may be preased to direct the 5th respondent to forthwith provide porice protection to the p etitioner and to the lands of the petitioner situated in sy.No. 306/4, of Serial No. 2, admeasuring Ac.1-00 Gts. and Sy.No. 306/4l , of Serial No. 2, admeasuring Ac.2_33 Gts., total admeasuring Ac.3-33 Gts., situated at shivampet Virage and Mandar, Medak District, pending disposal of the above Writ petition. Counsel for the petitioner: SRI RAJU JARPALA Counsel for the Respondent Nos.1 to 5: Gp FOR HOME Counsel for the Respondent Nos.6 and 7:__ The Court made the following: ORDER THE HON'BLE SRI JUSTICE T. VINOD KUMAR Writ Petition No. 16626 of 2O25 ORDER: Heard learned counsel for the petitioner, learned Government Pleader for Home appearing for respondent to 5, and with the .Nos.1 consent of the learned counsel appearing for the pafties, the Writ petition is taken up for hearing and disposal a't the admission stage.

2. Having regard to the manner of disposal of the Writ petition at the admission stage and the nature,of /s involved, this Court is of the view that notice to unofficial respondent Nos.6 and 7 is not necessary for adjudication of the present Writ Petition.

3. The case oF the petitioner, as set out in the writ affidavit, is that, though he has obtained a judgment and decree dt.10.10.2022 in O.S.No.94 of 2017, the 5fr respondent is not providing police protection to the petitioner and to his lands situated in Sy:No.306/A of Serial No.2, admeasuring Ac.1.00 guntas and Sy.No.306/A1 of Serial No.2, admeasuring Acs.2.33 guntas total admeasuring Acs.3.33 guntas, Shivampet Village and Mandal, Medak District, in spite of specific complaint dt.10.06.2025 is lodged against respondent Nos.6 and 7, which action of the respondents-authorities it is contended as illegal, arbitrary and in violetion of Article 3004 of the Constitution of India, with a 2 consequential direction to the 5th respondent to provide police protection to the petitioner and to his lands referred to hereinabove

4. Per contra, Iearned Government pleader for Home appearing on behalf of respondent Nos.1 to 5 wourd submit that the petitioner having invoked the jurisdiction of competent court of civil jurisdiction and having obtained a judgment and decree in his favour on 10.10.2022 in O.S.No.94 of 20t7, ought to have taken further steps by seeking execution of the said judgment and decree.

5. Learned Government pleader further submits that if only the petitioner had initiated eiecution proceedings and had filed an application therein seeking police aid against respondent Nos.6 and 7 alleging their interference with the subject property and if any orders are passed by the Court below, the authorities would extend necessary police aid.

6. Learned Government pleader further. submits that the petitioner without availing the remedies provided under cpc is seeking to invoke the jurisdiction of this Court even though more than three years have passed since the date of obtaining the judgment and decree.

7. I have taken note of the respective contentions urged. B' Firstly, it is to be noted that the petitioner having invoked the civir jurisdiction initially by filing a suit, video.s.No.94 of zoLT and also having T I I I \ obtained a decree on 10'10'2022, it is not shown to this Court as to why no further steps have been taken by him by filing execution petition for execution of the said judgment and decree. If only the petitloner had initiated execution proceedings, for implementation of the judgment and decree, wherein the petitioner could have also filed an application seeking police aid restraining the unofficial respondents herein who are stated to be allegedly interfering with his posdession' necessary orders could have been passed by the Court before which the execution proceedings are initiated.

9. The petitioner for the reasons best known to him did not choose to initiate any proceedings and on the other hand' by the present Writ Petition seeks for police aid claiming to have approached the respondents- authorities on 10.06.2025 by submitting a representation and filing a Writ Petition thereafter.

10. This Court in similar circumstances in W'P'No'8698 of 2025 dt.13.06.2025 had observed that where a person approaches the competent Court of Civil jurisdiction and had set in motion the civil procedure, has to avail fufther remedies provided under CPC and cannot approach thls Court by invoking extraordinary jurisdictlon of this Court under Article 226 of the Constitution of India' 4

11. Granting liberty to the petitioner to avail remedies provided under CPC, the Vr/rit petition is disposed of. No order as to costs. 12. Miscellaneous petitions, il. any, pending in this writ petition shall stand closed. //TRUE COPY// SD/-S. MALLIKARJUNA RAO ASSISTANT REGISTRAR , \\ rb#J* oFFrcER To, Department, secretariat Buirdinss, rhe state ]i;J,i,,ir":l#,t r.#l3il;J"re t 2. The Superintendent of police, Medak District. 3. rhe Divisionat Superintend;;igf p;iiJ,"i;;;ran, Medak District 4. rhe Circte tnspector of poriie, iobiia"r,'H,r""i5iiijiJiri"t. 5. rhe Station H6use officer, S-ti,.rfi;ei'ij;'i;;;tiri;r, Medak District. 9,3l!igSr!,'s*zi,i3,,,tsll+$rti:,*",Sl,i:E[,]o,,",,nn""",, Hyderabad [OUT1 B. Two CD Coiies ' *rP'l TJ LS L,- HIGH COURT DATE D : 1 810612025 ORDER WP.No.16626 o12025 t-,) :tr I1 LUJ 2ffi * F'ulir l,H r:D DISPOSING OF THE WRIT PETITION WITHOUT COSTS \