Telangana High Court
Sabavath Gamini Gamyani vs The State Of Telangana on 18 June, 2025
Author: T. Vinod Kumar
Bench: T. Vinod Kumar
THE HON'BLE SRI JUSTICE T. VINOD KUMAR
Writ Petition No. 16626 of 2025
ORDER:
Heard learned counsel for the petitioner, learned Government Pleader for Home appearing for respondent Nos.1 to 5, and with the consent of the learned counsel appearing for the parties, the Writ Petition is taken up for hearing and disposal at the admission stage.
2. Having regard to the manner of disposal of the Writ Petition at the admission stage and the nature of lis 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 5th 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 violation of Article 300A 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, learned Government Pleader for Home appearing on behalf of respondent Nos.1 to 5 would 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 2017, 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 execution 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.
8. Firstly, it is to be noted that the petitioner having invoked the civil jurisdiction initially by filing a suit, vide O.S.No.94 of 2017 and also having 3 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 petitioner 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 possession, 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 further remedies provided under CPC and cannot approach this Court by invoking extraordinary jurisdiction of this Court under Article 226 of the Constitution of India.
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11. Granting liberty to the petitioner to avail remedies provided under CPC, the Writ Petition is disposed of. No order as to costs.
12. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
__________________ T. VINOD KUMAR, J Date:18.06.2025 GJ