IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.19422 OF 2019

23^rd January, 2026 Between:

Pathlavath Koti.

…Petitioner AND The State of Telangana and Others …Respondents

ORDER:

This Writ Petition is filed with the following relief:

“…to issue a Writ order or direction more particularly one in the nature of Writ of MANDAMUS declaring the inaction of the respondents for not providing Police Protection and not implementation of the order passed by the IX Addl.Sr.Civil Judge, Ranga Reddy District, is being illegal, arbitrary, unreasonable and violative of principles of natural justice, and consequently direct the respondents 2 to 4 to provide Police protection and implementation of the Ad-interim order passed by the Lower court to restraining the unofficial respondents in interference from the peaceful possession and enjoyment of the property and pass......”

2. None appeared on behalf of the petitioner.

3. Heard Mr.D.Pradeep, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 4.

4. Learned Assistant Government Pleader for Home submits that, in the absence of any specific direction from the competent Court for extending police protection or police aid, the respondent police authorities could not act upon the representation submitted by the petitioner. It is further contended that the petitioner is, in effect, seeking implementation of an injunction order by invoking the jurisdiction of this Court under Article 226 of the Constitution of India, which course is not maintainable in law. On these grounds, dismissal of the writ petition is sought.

5. I have perused the material available on record.

6. The grievance of the petitioner is that the respondent police authorities have failed to provide police protection for implementation of the order passed by the Civil Court. As rightly pointed out by the learned Assistant Government Pleader, the petitioner seeks enforcement of the temporary injunction granted in I.A. No.1918 of 2017 in O.S. No.1914 of 2017, wherein there is no express direction for extending police protection.

7. The legal position in this regard is no longer res integra. In Kabbakula Padma v. State of Telangana [(2023) 1 ALT 765], this Court has held that where a party seeks implementation or enforcement of an order or decree of a Civil Court, and alleges interference by private parties in violation of such order, the proper remedy is to approach the Civil Court concerned by initiating appropriate proceedings, such as filing an application or an execution petition, as provided under the Code of Civil Procedure, 1908. Without availing such statutory remedies for enforcement of a civil order or decree, a writ petition under Article 226 of the Constitution of India seeking police protection or implementation of the injunction is not maintainable.

8. In the present case, the material on record does not disclose that the petitioner has taken any steps before the Civil Court for enforcement or implementation of the injunction order. In the light of the settled legal position and in the absence of any exceptional circumstances warranting interference by this Court, the prayer made by the petitioner for implementation of the interim order passed by the Civil Court through writ proceedings is found to be not maintainable.

9. However, the liberty of the petitioner is preserved to avail appropriate remedies before the competent Civil Court for enforcement or implementation of the order or decree, in accordance with law.

10. With this direction, this writ petition is disposed of. There shall be no order as to costs.

Miscellaneous Petitions, pending if any, shall stand closed.

__________________ N.TUKARAMJI, J Date: 23-01-2026 mmr THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.19422 of 2019 Dated: 23.01.2026 mmr