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2025 Supreme(Telangana) 1838

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD 
N. Tukaramji, J.
Alegar Shantha – Appellant 
Versus
The State of Telangana – Respondent 
Writ Petition Nos. 32136, 32147, 32157, 32189 and 32190 of 2025
Decided On : 25-10-2025

Advocates:
Advocate Appeared:
For the Appellant : ALLURI DIVAKAR REDDY
For the Respondent: GP FOR HOME

Writ jurisdiction under Article 226 is not the appropriate avenue for enforcing civil court injunctions; petitioners must seek enforcement through the trial court.

Headnote:(A) Constitution of India - Article 226 - Writ of Mandamus - Petitioners sought police protection for lands under interim injunctions - Failure of authorities to provide protection claimed as illegal and arbitrary, violating Articles 21 and 300A - Court emphasized that relief for enforcement should be sought from the trial court rather than by invoking writ jurisdiction; petitioners are directed to approach the trial court for police protection. (Paras 2, 4.1, 8, 11)

(B) Civil Procedure Code, 1908 - Execution of civil court orders - It is well-established that enforcement of civil orders, including orders for police protection, must be sought through the same court that issued the injunction - Writ jurisdiction should not be invoked without exhausting available remedies. (Paras 8, 10)

Facts of the case:
Petitioners filed writ petitions seeking police protection for lands, asserting the failure of the authorities to act on their representation concerning interim injunction orders issued by the civil court.

Findings of Court:
Petitioners must file applications in the trial court to seek police protection, which the junior civil judge is to consider on its merits.

Issues: Whether writ jurisdiction is appropriate for seeking police protection; proper course when civil court injunctions are in place.

Ratio Decidendi: The court ruled that the petitioners should approach the trial court for enforcement of injunction orders rather than seeking relief directly from the High Court in writ proceedings.

Result: Writ petitions disposed of with a direction to petitioners to approach the trial court.

Table of Content
1. writ petitions filed for police protection. (Para 1 , 2 , 3)
2. parties' arguments on police protection. (Para 5)
3. legal principles governing injunction enforcement. (Para 6 , 7 , 8 , 9 , 10)
4. court's directive to approach trial court. (Para 11 , 12)

ORDER :

N.Tukaramji, J.

W.P.No.32136 of 2025

This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief/s:-

“…to pass an orders, or issue any directions or issue any appropriate writ more particularly in the nature of WRIT OF MANDAMUS declaring the inaction of the respondent No. 3 in providing police protection to three petitioners subject open plot bearing No.71/A admeasuring to an extent of 166.66 sq.yards in Sy.No. 341 situated at Maskapur village shivar, Khanapur Mandal, Nirmal District in pursuant to absolute interim Injunction orders dated 17.10.2024 in I.A. No. 72 of 2023 in O.S. No. 28 of 2023 on the file of the Hon’ble Junior Civil Judge at Khanapur, despite receipt of petitioners written representation dated 16.04.2025 as being illegal, arbitrary and violation of Articles 21 and 300A of Constitution of India, consequently direct the respondents No. 3 to provide police protection to the petitioners said open plot bearing No.71/A admeasuring to an extent of 166.66 sq.yards in Sy.No. 341 situated at Maskapur village shivar, Khanapur Mandal, Nirmal District in pursuant to absolute interim Injunction orders dated 17.10.2024 in I.A. No. 72 of 2023 in O.S. No. 28 of 2023 on the file of the Honourable Junior Civil Judge at Khanapur and to pass…”

W.P.No.32147 of 2025

This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief/s:-

“…to pass an orders, or issue any directions or issue any appropriate writ more particularly in the nature of Writ of Mandamus declaring the inaction of the respondent No. 3 in providing police protection to the petitioners subject open plot bearing No.35/A admeasuring to an extent of 166.66 sq.yards in Sy.No. 341 situated at Maskapur village shivar, Khanapur Mandal, Nirmal District in pursuant to absolute interim Injunction orders dated 17.10.2024 in I.A. No. 61 of 2023 in O.S. No. 25 of 2023 on the file of the Hon’ble Junior Civil Judge at Khanapur, despite receipt of petitioners written representation dated 16.04.2025 as being illegal, arbitrary and violation of Articles 21 and 300A of Constitution of India, consequently direct the respondents No. 3 to provide police protection to the petitioners said open plot bearing No.35/A admeasuring to an extent of 166.66 sq. yards in Sy.No. 341 situated at Maskapur village shivar, Khanapur Mandal, Nirmal District in pursuant to absolute interim Injunction orders dated 17.10.2024 in I.A. No. 61 of 2023 in O.S. No. 25 of 2023 on the file of the Honourable Junior Civil Judge at Khanapur and to pass…”

W.P.No.32157 of 2025

This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief/s:-

“…to pass an orders, or issue any directions or issue any appropriate writ more particularly in the nature of WRIT OF MANDAMUS declaring the inaction of the respondent No. 3 in providing police protection to the petitioners subject open plot bearing No.16/A admeasuring to an extent of 166.66 sq.yards in Sy.No.341 situated at Maskapur village shivar, Khanapur Mandal, Nirmal District in pursuant to absolute interim Injunction orders dated 17/10/2024 in I.A. No. 63 of 2023 in O.S. No. 26 of 2023 on the file of Honourable Junior Civil Judge at Khanapur, despite receipt of petitioners Nritten representation dated 16/04/2025 as being illegal, arbitrary and violation of Articles 21 and 300A of Constitution of India, consequently direct the respondents No. 3 to provide police protection to the petitioners said open plot bearing No.16/A admeasuring to an extent of 166.66 sq. yards in Sy.No. 341 situated at Maskapur village shivar, Khanapur Mandal, Nirmal District in pursuant to absolute interim Injunction orders dat

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