THE HONOURABLE SRI JUSTICE N.TUKARAMJI

WRIT PETITION No.16825 OF 2018

O R D E R:

This Writ Petition is filed under Article 226 of Constitution

of India seeking the following relief/s:-

“…to issue a Writ of Mandamus or any other appropriate writ order or direction, directing the respondents 2 to 4 provide adequate police protection to the petitioners for effective implementation of the order of Perpetual Injunction passed in O.S.No.1574 of 2014 on the file of the Principal Senior Civil Judge, Ranga Reddy District, dated 15-04-2015, so as to ensure that the respondents 5, 6 and 7 along with their Henchmen do not interfering in to the Petitioners Schedule Property, except due process of the Law, Admeasuring Ac 1.20 guntas, in survey no. 2 (peradu), attapur, Rajendranagar, Ranga

Reddy District and grant.......”

2. Heard Mr.K.Ramesh Babu, learned counsel for the petitioner and Mr.D.Pradeep, learned Assistant Government Pleader for

Home appearing for respondent Nos.1 to 4.

3. Learned counsel for the petitioner submits that the present writ petition has been filed challenging the inaction of respondent Nos.2 to 4 in providing police protection to ensure the effective implementation of the decree of perpetual injunction passed in O.S. No. 1574 of 2014 by the Principal Senior Civil Judge, Ranga

Reddy District.

4. On the other hand, learned counsel for respondent No.7, along with the learned Assistant Government Pleader for Home, submits that the decree-holder has already filed an execution petition before the competent Civil Court seeking enforcement of the said decree. Therefore, in the absence of any direction issued by the executing Court, the request made by the petitioner directly before this Court for police protection is not maintainable. It is contended that the matter being already under execution, no parallel or collateral direction can be issued by this Court under Article 226 of the Constitution of India. Hence, they prayed that the writ petition be dismissed.

5. I have carefully perused the material on record and considered the submissions made by both sides.

6. The substance of the petitioner’s prayer is for a direction to the police authorities to provide protection to enforce the decree of perpetual injunction granted by the civil Court in O.S. No. 1574 of 2014. It is well settled that where a decree of a civil Court is in force, the proper course for its enforcement is by invoking the execution jurisdiction of that very Court under Order XXI of the Code of Civil Procedure, 1908. A party cannot ordinarily invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India to seek police protection for implementation of a civil decree, especially when statutory remedies under the CPC are available.

7. A Division Bench of this Court in Kabakula Padma v. State of Telangana, (2023) 1 ALT 765, has categorically held that a writ petition seeking police protection for implementing a decree of injunction without first exhausting the remedy of execution before the civil Court is not maintainable. The Bench observed that the decree-holder must first approach the executing Court, seeking appropriate directions, including a request for police aid under Section 151 CPC and only upon refusal or failure thereof, can recourse be sought before the High Court in exceptional cases.

8. In the present case, the petitioner has already initiated execution proceedings before the competent civil Court, and hence, a direct prayer before this Court for police protection would amount to circumventing the established procedure under the Code of Civil Procedure. There being no exceptional circumstances warranting interference under Article 226, this Court finds no merit in the petitioner’s request.

9. Accordingly, the writ petition is disposed of, reserving the liberty to the petitioner to pursue appropriate remedies before the executing Court, including a request for police aid for the implementation of the decree of perpetual inj