THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.24117 OF 2017

ORDER:

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

“…to issue a writ or order, orders or directions particularly in the nature of Writ of Mandamus declaring the action of the Respondents 2 and 3 in not taking any action on the representations dated 12-09-2016, 05.10.2016, 06.12.2016, 20.03.2017 and 12-06-2017 submitted by the Writ Petitioners and thereby not providing any police protection to the Writ Petitioners against them by preventing them from violating the Injunction Orders granted on 20-07-2016 in I.A. No.197/2016 in O.S. No.105/2016 on the file of the Hon’ble Junior Civil Judge, Sirpur T, over the land admeasuring Ac.22.75 cents in Sy.Nos.167/125 sub-divided into new Number as Sy.No.167/42 situated at Marthidi Village, Bejjur Mandal, Komarambheem Asifabad District, as arbitrary and illegal against Arts.14 and 300-A of the constitution of India and violation of Principles of Natural Justice and consequently direct the Respondents to take necessary action on to the representations dated 12-09-2016, 05.10.2016, 06.12.2016, 20.03.2017 and 12- 062017 submitted by the Writ Petitioners and provide police protection to prevent the violation of the Injunction orders dated 20-07-2016 in I.A. No.197/2016 in O.S. No.105/2016 on the file of the Hon’ble Junior Civil Judge, Sirpur and pass…”

2. Heard Sri S.Ashok Anand Kumar, learned counsel appearing for petitioners and Mr. M.Srinivas, learned Assistant Government Pleader for Home appearing for respondents.

3. Learned counsel for the petitioners submits that, as respondent Nos.2 and 3 failed to respond to their representations dated 12.09.2016, 05.10.2016, 06.12.2016, 20.03.2017, and 12.06.2017 seeking police protection in pursuance of the interim injunction orders granted in I.A. No.197 of 2016 in O.S. No.105 of 2016 on the file of the learned Junior Civil Judge, Sirpur, the present writ petition has been filed seeking appropriate directions.

4. Learned Assistant Government Pleader submits that, since there was no direction from the Civil Court for providing police protection, nor any instruction from the higher authorities, the petitioners’ request could not be acted upon. However, he submits that the police authorities shall abide by any direction that may be issued by this Court.

5. I have perused the material available on record.

6. The sum and substance of the petitioners’ grievance is that, despite several representations seeking police protection based on the interim injunction orders passed by the Civil Court, no action has been taken by the respondent police authorities. The issue relating to the provision of police protection in pursuance of an order passed in an interlocutory application or a decree of a civil suit is no longer res integra. The Hon’ble Division Bench of this Court in Kabhakula Padma v. State of Telangana and others1 and Mudraboina Odhelu and Ors., vs. State of Telangana and others, MANU/TL/0359/2023, it has been affirmatively held that a petition seeking police protection for enforcement or implementation of an injunction order under Article 226 of the Constitution of India shall ordinarily not be entertained, unless it is demonstrated that there exists an element of public injury or public interest, and that the remedies available under the Code of Civil Procedure, 1908, for enforcement of the injunction, have been exhausted.

7. In view of the settled legal position, and since the petitioners have approached the police authorities and this Court under Article 226 of the Constitution without first availing the remedy before the Civil Court, and in the absence of any exceptional circumstances warranting interference, this writ petition seeking a direction to the police authorities to provide protection is not maintainable.

8. However, the rights of the petitioners are reserved to avail appropriate remedy before the competent Civil Court,