Telangana High Court
Dosali Kalavathamma vs The State Of Telangana on 17 April, 2025
Author: T. Vinod Kumar
Bench: T. Vinod Kumar
THE HON'BLE SRI JUSTICE T. VINOD KUMAR
WRIT PETITION No.11462 of 2025
ORDER:
Heard learned Counsel for the petitioner, learned Government Pleader for Home appearing for official respondent Nos.1 to 3, and with the consent of learned counsel appearing for the respective parties, the writ petition is taken up for hearing and disposal at admission stage.
2. Having regard to the nature of lis involved in the Writ Petition and the manner of disposal, this Court is of the view that notice to unofficial respondent Nos.4 to 6 is not necessary for adjudication of the present Writ Petition.
3. The case of the petitioner, in brief, is that though she had obtained a judgment and decree in respect of the subject land vide OS.No.28 of 2023, dt.05.10.2023, , the unofficial respondents are not allowing the petitioner to enjoy the fruits thereof, and are threatening the petitioner.
4. Petitioner further contends that since, the unofficial respondents are not allowing the petitioner to enter into 2 her land, she has approached the respondents-authorities and submitted a representation, dt.16.09.2024, seeking police protection as well as registering an FIR against the unofficial respondents herein for their illegal acts; and in spite of the petitioner submitting the aforesaid representation, no action is being taken by the respondents-authorities, and such inaction on the part of the respondents it is contended as highly illegal and arbitrary.
5. Per contra, learned Government Pleader appearing on behalf of respondent Nos.1 to 3 would submit that on the petitioner approaching the respondents-authorities and submitting a complaint, dt.16.09.2024, the authorities have caused preliminary enquiry and found existence of civil disputes between the petitioner and the unofficial respondents.
6. It is further submitted that the respondents thereafter closed the aforesaid complaint as "civil in nature", and issued intimation to the petitioner of the 3 action taken on the complaint lodged by her, through Petition Management System(PMS).
7. Learned Government Pleader further submits that though the petitioner claims to have obtained a judgment and decree in OS.N.28/2023, since there is no order from the competent Civil Court to provide police protection in respect of the suit schedule property mentioned therein, the respondents-authorities cannot provide police protection, thereby involving themselves in civil disputes.
8. I have taken note of the respective submissions made.
9. While the petitioner claims to have obtained a judgment and decree in her favour by invoking the civil remedies vide OS.No.28/2023, dt.05.10.2023, however, is now seeking to set in motion criminal law for implementation of the said judgment and decree obtained by her.
10. Since, the petitioner has already set in motion the civil procedure in relation to the subject property and also being successful therein, ought to have taken further steps 4 by filing an Execution Petition (EP) for implementation/ enforcement of the judgment and decree passed in her favour, and instead, chose to approach the respondents- authorities by lodging a complaint against the unofficial respondents claiming that the said respondents are not allowing her to enter the subject property and sought for police protection.
11. It is to be noted that the unofficial respondents herein having assailed the judgment and decree of the Court below by way of further appeal, the same would also prevent the respondents-authorities from providing police protection as claimed by the petitioner for implementation/enforcement of the judgment and decree, which has not yet attained finality.
12. Since, the respondents-authorities having taken action on the representation, dt.16.09.2024, submitted by the petitioner, by closing the same as "civil in nature" and the same having been informed to the petitioner, if the petitioner is aggrieved by the aforesaid action taken, has to avail further remedies provided under law, and for the said 5 reason, cannot approach this Court by the present Writ Petition.
13. Granting liberty to the petitioner to avail the remedies provided under BNSS, the Writ Petition is disposed of. No order as to costs.
14. Consequently, miscellaneous petitions pending, if any, shall stand closed.
___________________ T. VINOD KUMAR, J 17th April, 2025 gra 6 THE HON'BLE SRI JUSTICE T. VINOD KUMAR Writ Petition No.11462 of 2025 17th April, 2025 gra