Mohd Arshad v. 1. The State of Telangana

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 a writ, order or direction, more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 3'd Respondent in not granting due police-aid so as to secure compliance with the decree passed by the Hon'ble Senior Civil Judge, Medchal, Malkajgiri District at Medchal in O'S No 286 of 2016 d1.27 -03-2024 in respect of the land in sy. No.66 and Sy. No.66/part situated at Rajbollaram, Medchal against illegal interference by Respondent Nos.4 to 7 as illegal, arbitrary, contrary to law, contrary to the law laid down by the Hon'ble High court and in violation of Articles 14, 19,21 and 300-4 of constitution of lndia and consequently direct the Respondents to provide adequate police protection to the petitioner so as to secure compliance with the said injunction order in respect of his above said land against illegal interference by Respondent Nos.4 to 7 lA NO: 1 OF 2O2s 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 3'd Respondent to forthwith provide adequate police protection to the petitioner so as to secure compliance with the judgment and decree passed by the Hon'ble Senior Civil Judge, Medchal, Malkajgiri District at Medchal in O.S No.286 of 2016 d1.27 -03-2024 in respect of the land in Sy. No.66 and Sy. No.66/part situated at Rajbollaram, Medchal against illegal interference by Respondent Nos.4 to 7 Counsel for the Petitioner: SRl. P. LAKSHMA REDDY Counsel for the Respondent Nos. 1to3: GP FOR HOME Counsel for the Respondent Nos. 4to7:- The Court made the following: ORDER THE IION'BLE SRI JUSTICE T. VINOD KUMAR qIRIT PETITION No.19902 OF 2025 ORDER: Heard learned Counsel for the petitioner, learned Governmertt Pleacler for Home appearing on behalf of respondent Nos. 1 to 3, and witLr the consent of learned Counsel appearing for the parties, the Wtit Petition is taken up for hearirrg and disposal at the stage oI admission. 2,. The case of the petitioner', in brief, is that though the petiticner had obtained judgment and decree in his lavour in the suit uide O.S. No.286 of 2016 daLed 27.O3.2O24 in respect of land in Sy. No.66 and 66/part situated at Rajbollaram, Medchal against the illegal interference by respondent Nos.4 to 7 herein, the respondertt authorities are not taking any action against the unofficial respondents herein based on the complaint made by tlre petitioner on 20.06.2O25 by extending police protection to the petitioner so as to secure compliance with the judgment and decree dated 27.O3.2O25 in O.S. No.286 of 2016.

3. Per contra, learned Govelnment Pleader for Home appearing on behalf of respondents would submit that the petitioner by submitting the aforcsaid representation under the 2 guise of law and order problem IS seeking enforcement of judgment and decree in O.S. No.286 of 2016 which the respondent authorities cannot enforce

4. lnsofar as the Iaw and order issue .is concerned, if any complaint is received or any incident is reported, lhe respondent authorities would take necessary action in accordance with the pov/ers and duties of the respondent authorities .under the Police Act.

5. I have taken note of the respective contentions urged.

6. Though the petrtioner by the representation submitted on

20.06.2025 claims of the threat to petitioner's life arld liberty from the unofficial respondents and thus seeks for enforcement of judgment and decree dated 27.03_2024 in O.S. No.286 of 2016 passed by the Senior Civil Judge, Medchal - Malkajgiri District, it is not shown to this Court of the petitioner on obtaining judgment and decree having taken arry steps to seek enforcement of the said decree by filing any execution petition, including app.lication therein for extending police aid for implementation of the said judgment and decree.

7. On thc other hancl by thc representation dated 20 .06.2025 , tl-re petitioner is indirectly seeking enforcement of J the judgment and decrec in the narrtc cf law anC or.dcr. Siucc, the pctitioner had invokcd the civil jurisdiction initially by filing the suit uide O.S. No.286 of 2Oi6 and having obtained an order is required to takc further. steps for enfor.ccment of the said judgmcnt and decrec in tcr-nls of c:.der 2l CpC an<I for the said reason cannot abandon civil proceedings midway and seek enforccment of the decree by approaching the respondent authorities irr the name of la-w ald order.

8. As noted hereinabovc, as it ts not shovu-n to this Cor.trt cf thc petitioner availing the r.enrcdy of cxecution of the judgment and decree, this Court js of the view that the petitioner should be relegated to avail the remedy cf execution in terms of the order 21 C.P.C.

9. Insofar as law and order issue is conccrned, if any such complaint is received or the authorities nctice of any law and order situation arising the authorities are directed to take necessary action in accordance with the provisions ald powers conferred on them under BNSS and Police Act. 1O. Subject to the above dircction, the Writ petition is disposed of. No costs. 4 a Miscellaneous petitions, if any, pending in the Writ Petition, shall stand closed. //TRUE COPY// M. OSMAN ALI BAIG S TANT REGISTRAR SECTION OFFICER To,

1. The Principal Secretary, Home Department, Secretariat, Hyderabad, T.S' 2. The Commissioner of Police, Cyberabad Commissionerate. 3. The Station House Officer, Med'chal PS, Medchal-Malkajgiri Diskict 4. One CC to SRI P. LAKSHMA REDDY, Advocate [OPUC] 5. Two CCs to GP FOR HOME,High Court for the State of Telangana at 6. Two CD Copies Hyderabad [OUTI BM TJ HIGH COURT DATED:1110712025 ORDER WP.No.199O2 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS rit S14 ,c .\ L,, \ 3o ( e J o L) ?g JIJL ?06 ^i-,, .' ' -,? a