THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.27471 OF 2016

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 of Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents police in not providing police protection to the petitioner to enter into her lands to an extent of Ac.4.00 gts in Survey No. 282 situated at Nerella Village, Kamalapur Mandal, Karimangar District basing on the Decree and Judgment dt 17.08.2015 passed in I.A. No. 140 of 2015 in OS No. 20 of 2015 passed by the Senior Civil Judge at Huzurabad, Karimangar District and also the police protection petition as illegal, arbitrary and against the principles of natural justice and violation of Articles 14, 19, 21 and 300-A of Constitution of India and consequently direct the respondents police to provide police protection to the petitioner in the interest of justice..….”

2. None appeared on behalf of the petitioners.

3. I have heard Mr.R.Laxmikanth Reddy, learned Assistant Government Pleader for Home appearing for respondent Nos.

1 to 4.

4. Learned Assistant Government Pleader for Home submits that the petitioners’ prayer is essentially for police protection and that the grievance arises out of the alleged inaction of respondent Nos. 1 to 4/police authorities. It is contended that if the petitioners are aggrieved by the failure of the police in extending such protection, they ought to have invoked the remedies available to them under the Code of Criminal Procedure (Cr.P.C.)/Bharatiya Nagarik Suraksha Sanhita (BNSS). Without exhausting those statutory remedies, filing the present writ petition under Article 226 of the Constitution of India is not maintainable.

5. I have carefully perused the materials placed on record.

6. The substance of the petitioners’ case is that the police authorities failed to provide protection in pursuance of the order dated 17.08.2015 passed in I.A. No. 140 of 2015 in O.S. No. 20 of 2015. In this regard, it is pertinent to note that a Coordinate Bench of this Court, in W.P. No. 8968 of 2025 dated 13.06.2025, dealt with an identical issue. It was categorically held therein that unless the petitioners demonstrate bona fide steps taken to enforce the decree/order passed in a civil suit, by initiating appropriate execution proceedings before the competent civil court, including a prayer therein for police protection to ensure implementation of the decree, filing a writ petition under Article 226 is not maintainable.

7. This reasoning is fortified by the principle laid down by the Hon’ble Supreme Court in Sakiri Vasu v. State of U.P., AIR 2008 SC 907, later affirmed in M. Subramaniam v. S. Janaki, AIR 2020 SC 387, wherein it was held that parties must first avail themselves of the remedies specifically provided under the Cr.P.C. before invoking extraordinary writ jurisdiction. The rationale behind this principle is to preserve the hierarchy of legal remedies and to prevent writ jurisdiction from being converted into a substitute for statutory procedures.

8. In light of the settled legal position, the present writ petition, whereby the petitioners seek direct police protection on the strength of an ad interim order in a civil suit, is not maintainable. Nevertheless, considering the pleadings on record and the fact that an interim order has indeed been passed by this Court, liberty is reserved to the petitioners to avail themselves of the appropriate remedies before the competent Executing Court, which is vested with jurisdiction to ensure enforcement of decrees and orders under the Code of Civil Procedure, 1908.

9. Accordingly, the writ petition is disposed of as not maintainable. There shall be no order as to costs.

Miscellaneous Petitions, pending if any, shall stand closed.

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N.TUKARAMJI, J Date: 15-09-2025 mmr