THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.22746 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, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondent Nos.2 to 4 in providing Police Aid for execution of warrant of delivery of possession issued in E.P.No.361 of 2017 in LOOP No.442/2003 issued by the IV Additional District Judge, Ranga Reddy District Court as illegal and arbitrary and consequently direct the Respondent Nos.2 to 4 to provide Police Aid for execution of warrant of delivery of possession issued in E.P.No.361/2017 in LGOP No.442/2003 issued by the IV Additional District Judge, Ranga Reddy District, in the interest of justice and pass.......”

2. Heard Mr.A.Najeeb Khan, learned counsel for the petitioner and Mr.D.Pradeep, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 4.

3.1. 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 aid for execution of a warrant of delivery of possession issued in E.P. No. 361 of 2017 in L.G.O.P. No. 442 of 2003 on the file of the IV Additional District Judge, Ranga Reddy District, and seeks appropriate directions for effective implementation of the said warrant.

3.2. Learned counsel further submits that, during the pendency of this writ petition, the Execution Petition has been transferred to the jurisdiction of the Court at Kukatpally, and as per his instructions, the execution proceedings are still pending.

4. Learned Assistant Government Pleader for Home submits that police aid has not been granted so far, but the respondent police authorities are ready and willing to extend necessary assistance upon receiving appropriate directions from the executing Court. It is further submitted that the petitioner has not approached the police authorities with any specific order from the executing Court directing police protection. Therefore, the allegation of inaction on the part of the police is unfounded and misconceived, and the petition is liable to be dismissed.

5. I have perused the material available on record.

6. The petitioner seeks a direction for police protection to facilitate the execution of the delivery warrant issued by the executing Court. As per the established procedure under Order XXI of the Code of Civil Procedure, 1908, the execution of warrants is carried out by the Court Officer or Process Server, and the necessity of police aid arises only upon requisition or order of the executing Court.

7. In the present case, it is not evident from the record whether the warrant of delivery of possession has already been executed or whether the executing Court has made any requisition seeking police aid for the same. Therefore, in the absence of such material or a specific order from the executing Court, this Court cannot issue directions in the nature sought.

8. If, however, the execution warrant remains unexecuted and the executing Court’s officer faces obstruction, it is always open to the petitioner to approach the executing Court, place the relevant facts on record, and seek appropriate directions for police assistance. The executing Court, upon satisfaction of the necessity, may issue suitable orders to the police authorities in accordance with law.

9. Accordingly, while reserving the liberty of the petitioner to avail appropriate remedies before the executing Court, if the execution warrant has not yet been executed, this writ petition stands disposed of. There shall be no order as to costs.

Miscellaneous Petitions, pending if any, shall stand closed.

________________ N.TUKARAMJI, J Date: 26-11-2025 mmr THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.22746 OF 2018 Dated: 26.11.2025 mmr