THE HON’BLE SRI JUSTICE T. VINOD KUMAR

WRIT PETITION No. 26604 of 2019

ORDER: (Per Hon’ble Sri Justice T. Vinod Kumar

This Writ Petition is filed with the following prayer:

…..pleased to declare that the inaction of the 3rd respondent on the complaint dated 19-09-2019 as illegal and failure to exercise the duty cast upon him and issue an order, direction or writ, particularly a writ in the nature of Writ of Mandamus directing the 3rd Respondent to give police protection to the petitioners in safeguarding property and preventing the onslaught of the 4th Respondent and pass such other order or orders may deem fit and

proper in the circumstances of the case.

2. Heard Sri V.V. Raghavan learned counsel for petitioner, learned Government Pleader for Home, Sri Srinivas Velagapudi

appearing on behalf of respondent No.4 and perused the record.

3. Petitioner contends that though he had obtained a judgment and decree dt.20.10.2019 in his favour in O.S.No.298 of 2015 on the file of the I Additional Junior Civil Judge, Ranga Reddy, the respondents-authorities are not providing police protection to the petitioner pursuant to the aforesaid judgment and decree, which action of the respondents-authorities it is contended as illegal, with a consequential direction to the respondents to provide

police protection.

4. Per contra, learned Government Pleader for Home appearing on behalf of respondent Nos.1 to 3 would submit that the petitioner by approaching the competent Court of Civil jurisdiction had obtained a judgment and decree in respect of suit schedule property, which is an Immovable property; that since, the petitioner, having availed civil remedies in respect of the suit schedule property, is required to take further steps for executing the aforesaid judgment and decree obtained by her and for the said reason cannot approach the respondents-authorities and seek for providing police aid for implementation of the judgment and decree, as any such action taken by the respondents-authorities would be contrary to the police duties, which they are required to undertake in terms of the provisions of the Police Act.

5. Learned Government Pleader further submits that the petitioner without availing the remedy of execution of the judgment and decree under Order XXI of CPC and also obtaining an order of providing police protection by way of execution application therein, had approached the respondents- authorities seeking for police aid for implementing the judgment and decree and also this Court by filing the present Writ Petition, claiming the said action of the respondents-authorities in not providing police aid for enforcing the judgment and decree, to br illegal and arbitrary even though execution of judgment and decree cannot be sought through the police authorities.

6. Learned counsel appearing on behalf of respondent No.4, on the other hand, would submit that the petitioner instead of availing further remedies provided under CPC is seeking to implement the aforesaid order by using police force which is not permitted in law.

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

8. At the outset, it is to be noted that the petitioner by the present Writ Petition has called in question the inaction of the respondents-authorities in providing police protection for implementation of the judgment and decree dt.20.10.2019 in his favour in O.S.No.298 of 2015 without showing to this Court of the petitioner having taken steps for enforcing the aforesaid decree obtained by her in the civil suit by filing execution proceedings and also an application therein seeking police aid for implementation of the said judgment and decree.

9. It is settled law that the power of police authorities is only with regard to ensuring maintenance of law and order and the authorities cannot involve themselves in civil dispute (See: S. Masthan Saheb and others v/s. P.S.R. Anjaneyulu and others, 2002 (2) AnWR 532) 10. Since, the petitioner by approaching the respondents- authorities i