IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.28171 OF 2023 DATE: 03.12.2025 Between :

Smt. Vijaya Bai and another … Petitioner AND The State of Telangana, Represented by its Principal Secretary, Home Department, Secretariat, Hyderabad and six others.

…. Respondents.

O R D E R:

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

“…To issue an order or direction or writ more particularly one in the nature of writ of mandamus challenging the inaction of the respondent Nos.2 and 3 in not providing police AID to protect petitioners property covered by plot No.11 admeasuring 175 square yards in Sy. No.49/17, Saibaba Nagar, Gajularamaram village, Quthbullapur Municipality inspite of the Court decree dated 06.12.2021 in O.S. No.69/ 2019 on the file of Senior Civil Judge, Medchal and the complaint 10.09.2023, as highly illegal, arbitrary, capricious, contrary to law and direct the respondents to provide police protection from the respondents 4 to 7 and their henchmen and for other orders …”

2. Mr. S. Brahmanyam Kurella, learned Counsel for the petitioner, submits that as respondent Nos. 2 and 3 failed to provide police protection to the petitioner’s property despite the decree passed in O.S. No. 69 of 2019 on the file of the Senior Civil Judge, Medchal, the present writ petition has been filed seeking appropriate directions to the respondent police to act upon the petitioner’s complaint dated 10.09.2023.

3. Learned Assistant Government Pleader for Home submits that there is no specific direction from the competent Civil Court requiring the police to provide protection. Since the issue pertains to the protection of property arising out of a civil dispute, the police authorities have not taken any action. Accordingly, he prayed for passing appropriate orders.

4. I have perused the material placed on record.

5. Though the petitioner contends that the complaint refers to certain criminal elements, the essence of the relief sought is for police aid to protect property that is the subject matter of a civil suit. The issue of granting police protection in pursuance of a judgment and decree of a civil Court has been considered by a Division Bench of this Court in Kabbakula Padma v. State of Telangana and others, 2022 SCC OnLine TS 2054 (DB), and by a Coordinate Bench of this Court in W.P. No. 8698 of 2025, dated 13.06.2025. It has been held therein that a writ petition under Article 226 of the Constitution of India, seeking police protection for enforcement of a civil Court decree, is not maintainable unless the decree holder has first availed the remedy of filing an appropriate execution petition before the executing Court and sought police aid therein.

6. In the present case, admittedly, the petitioner has not filed any execution petition before the competent Civil Court. Having regard to the settled legal position and in the absence of any exceptional circumstances warranting interference, this Court is of the considered view that the petitioner’s request for police aid or protection in furtherance of the civil Court decree is not maintainable under Article 226 of the Constitution of India.

7. However, reserving the right of the petitioner to avail appropriate remedies before the executing Court or the competent authority, if the cause still survives, this writ petition is disposed of. There shall be no order as to costs.

Pending miscellaneous applications, if any, shall stand closed.

_______________ N.TUKARAMJI, J Date: 03.12.2025

MRKR