IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.3718 OF 2019 DATE : 18.12.2025 Between:

Bandaru Padma …Petitioner AND The State of Telangana & Others …Respondents

ORDER:

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

“…to issue a Writ order or direction more particularly one in the nature of Writ of Mandamus, by declaring the action of the Respondent No. No. 5 to 7 herein in interfere with and evicting the petitioner Ac.4.9gts in Sy No.828, situated at irmalarayanigudm Village, Shaligouraram Mandal, Nalgonda District, as illegal, arbitrary, contrary to law violative of principles of natural justice, issue a consequential direction to the Respondents No. 5 to 7 herein not to interfere with and evict petitioner from the above said land, and pass ....”

2. Heard Mr.K.Revanth, learned counsel representing Mr.Rapolu Bhaskar, learned counsel for the petitioner and Mr. D.Pradeep, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 5.

3. Learned counsel for the petitioner submits that, as respondent Nos. 5 to 7 failed to act upon his representation against the unofficial respondents, who are allegedly attempting to interfere with and dispossess him from the property in his possession, the present petition has been filed seeking appropriate directions. He further submits that the police authorities have not taken into consideration the existence of a judgment and decree passed in O.S. No. 282 of 2018 by the Court of the Junior Civil Judge, Nakrekal, in favour of the petitioner. Hence, he prays for issuance of an appropriate direction to the respondent authorities. 4. Learned Assistant Government Pleader for Home submits that, in the absence of any specific direction from the Civil Court concerned, and as the petitioner seeks police aid in pursuance of the judgment and decree in O.S. No. 282 of 2018, no action has been taken by the police. He further submits that if the petitioner is aggrieved by any alleged interference, his proper remedy lies before the Civil/Executing Court, and without exhausting such remedies, invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India is not maintainable.

Accordingly, he prays for dismissal of the petition.

5. I have perused the material available on record.

6. The essence of the petitioner’s grievance is that he seeks implementation of the decree against respondent Nos. 5 to 7. The legal position regarding the grant of police protection for enforcement of a civil decree under Article 226 of the Constitution of India is no longer res integra. A Division Bench of this Court in Kabbakula Padma v. State of Telangana, (2023) 1 ALT 765, and a Co-ordinate Bench in W.P. No. 8698 of 2025, dated 13.06.2025, have categorically held that where a decree and judgment exist in favour of a party, and if there is interference by the defendants or third parties contrary to such decree, the proper course of action is to initiate execution proceedings before the competent Civil Court. Seeking police aid for implementation of a civil decree directly under Article 226 of the Constitution, without exhausting such statutory remedies, is not maintainable.

7. In view of the settled legal position and there being no exceptional circumstances warranting interference under Article 226, this Court is of the opinion that the petitioner must avail himself of the appropriate remedies before the Civil or Executing Court, in accordance with law.

8. Accordingly, this Writ Petition is disposed of, reserving the petitioner’s right to pursue appropriate remedies before the Civil/Executing Court as permissible under law. There shall be no order as to costs.

Miscellaneous Petitions, pending if any, shall stand closed.

__________________ N.TUKARAMJI, J Date: 18.12.2025 mmr

4817 THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.3718 OF 2019 Dated: 18.12.2025