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 pleasedtoissueanappropriatewrit,orderorDirection,moreparticularlyonein the nature of writ of Mandamus, declare the action of the respondent No.3 herein innotprovidingpoliceaidincomplianceoftheorderspassedinl.A'No.1401of 2016 in lA'No. 1330 of 2015 in 0'S'No. 436 of 2015 dated 21.04-20,17 on the file ofSeniorCivilJudgeatNalgonda'asbeingillegal,arbitraryandunjustand consequently direct the 2nd respondent herein to take action against the 3rd respondenthereinfornotimplementingtheorderspassedinl.A-No,1401of2016 pursuant to the complaint dated 12-06-201 7' l.A. NO: 1 OF 2017(WP MP. NO: 32133 OF 20171 Petition under Section 151 CPC praying that in the c i the affidavit filed in support of the petition, the High Corr direct the respondent No.3 herein to forthwith provide o I petitioner herein for protecting her property i.e., the land a t guntas in Sy.Nos.123, 124, 127 and 129, situated at Bopp,r Kethepally Mandal, Nalgonda District, in compliance of I LA.No. 1401 of 2016 in lA.No. 1330 of 201S in O.S.No. 43(i 2017 on the file of Senior Civil Judge at Nalgonda, pending writ petition. cumstances stated in t may be pleased to i(re protection to the measuring Ac. 10.06 am Revenue Village, r: orders passed in cf 2015 dated 21-04- rlisposal of the main Counsel for the Petitioner: SRI GAJANAND CHAKRAVAF' Hl Counsel for the Respondents No.1to3: SRI D.PRADEEP, l,r ip FOR HOME Counsel for the Respondent No.4 : -- The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.25918 OF 2017 ORDER: This Writ Petition is filed under Article 226 of the Constitution of lndia seeking the following relief "...1o rssue an appropriate writ, Order or Direction, more pafticularly, one in the nature of Writ of Mandamus, declare the action of the respondent No. 3 herein in not providing police aid in compliance of the orders passed in l.A. No 1401 of 2016 in l.A. No. 1330 of 201 5 ln O.S. No. 436 of 201 5 dated 21-04-2017 on the file of Senior Civil Judge at Nalgonda, as being illegal, arbitrary and unjust and consequently duect the fd respondent herein to take action against the 3d respondent herein for not implementing the orders passed in l.A. No. 1401 of 2016 pursuant to the complaint dated 12-06-2017, and to grant such other order or orders. . ."

2. Learned counsel for the petitioner submits that the respondents/police authorilies, particularly respondent No. 3, have failed to provide police aid in pursuance of the order dated 2'1 .04.2017 passed in l.A. No. 1401 of 2016 in l.A. No. 1330 of 2015 in O.S. No.436 of 2015 on the file of the learned Senior Civil Judge, Nalgonda. Hence, the present petition has been filed seeking appropriate directions for implementation of the said order. He further submits that, pursuant to the orders dated 11.09.2017 passed by this Court, the police authorities have -. been providing protection in terms of the interlocutory order. He also 2 NTR, J t '.P.No. 25918 of 2017 states that police-aid was, in fact, provided or 15.06.201 7 and

16.06.2017. However, since the suit proceedings are s till pending before the trial Court and the interim order remains in force, 1t e'petitioner seeks a direction to the concerned police authorities to cc ntinue to provide protection as and when requested

3. Ivlr. D. Pradeep, learned Assistant Government )leader for Home, appearing for respondent Nos. 1 to 3, submits that the concerned police authorities are ready and willing to comply with the di'r rctions of the Civil Court and to extend protection in accordance with i w. He, therefore, prays for passing of appropriate orders.

4. I have carefully perused the material available orr record

5. . The grievance of the petitioner regarding non-1 roviding of police aid appears to have been substantially addressed, as ,rven the petitioner admits that police protection was extended on '1 5.06.20 17 and

16.06.2017. ln view of the stand taken by the respondents/police authorities that they are willing to abide by the dir<: ;tions of the Civil Court, and considering that the interim order passed i r l.A. No. 1401 of 2016 in l.A. No. 1330 of 20'15 in O.S. No. 436 of :t015 continues to remain operative pending disposal of the suit, it is just a rd proper to direct the police authorities to provide protection to the petitic ner in accordance with the said order v 3 NTR, J W.P.No. 25918 of 2017 6 Accordingly, the respondenupolice authorities are directed to provide police protection to the petitioner in terms of the order dated 2'l .04.2017 in I.A. No. 1401 of 2016 in l.A. No. '1 330 of 2015 in O.S. No. 436 of 2015 on the file of the learned Senior Civil Judge, Nalgonda, whenever the petitioner seeks such assistance. lt is, however, clarified that upon adjudication of the main suit, the petitioner shall be at liberty to avail appropriate remedies available in law before the executing Court, as per the outcome of the proceedings.

7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs Pending miscellaneous applications, if any, shall stand closed. S D/- K. BHAVANI S ASS STANT TRAR //TRUE COPY// ECTION OFFICER To I The Principal Secretary, Home Department Secretariat' Telangana State' Hyderabad.

2. The Superintendent of Police, Nalgonda, Nalgonda District' 3. The Station House Officer, Kethepally Police Station' Nalgonda District' 4. One CC to SRI GAJANAND CHAKRAVARTHI, Advocate lOPUCl 5. Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad. [OUT]

6. Two CD CoPies. BSK/DAN (v HIGH COURT DATED:1711112025 q t iil q1 rE SIr 16 o (-r 5 ? r' \ I L, , lg.9pnra1,'f-/z' -\.::=- -; - .1.r\'t. - l: : l; 'l {i ,/ ORDER WP.No.25918 of 2017 DISPOSING OF THE WRIT PETITION WITHOUT COSTS q ^Pe1\ eq' \q- 5(:o