IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE N.TUKARAMJI
Smt.P.Laxmi Bai – Appellant
Versus
The State of Telangana and 4 others – Respondent
WP 14818/2019
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE N.TUKARAMJI DATE: 21.01.2026 Between :
Smt. P. Laxmi Bai … Petitioner AND The State of Telangana, Represented by its Principal Secretary to the Home Department, Secretariat, Hyderabad, and four others.
… Respondents.
O R D E R:
This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:
“…to issue Writ, order or direction more in the nature Writ of Mandamus, declare the in action of the Respondent Nos. 2 and 3 in considering the Representation dated 11-06-2019 submitted by the petitioner herein for implementation of the interim Order granted in I.A. No. 759 of 2018 in O.S. No. 254 of 2018 on the file of Learned Principal Junior Civil Judge at Nizmabad on 05-11-2018 in providing Police aid to the property of the petitioner agriculture land in Sy. No. 259 to the extent of Ac. 0-14 gts., Ac. 0-23 gts., situated at Kondur Village Shivar, Nizamabad Mandal and District, as being illegal, arbitrary and contrary to the law and violation of Articles 14, 19 and 304-A of the Constitution of India and consequently thereto direct the Respondent Nos. 2 and 3 for implementation of the interim Order granted in I.A. No. 759 of 2018 in O.S. No 254 of 2018 on the file of Learned Principal Junior Civil Judge at Nizamabad on 05-11-2018 in providing Police aid to the above said property of the petitioner agriculture lands, and pass such other order or orders…”
2. None appeared on behalf of the petitioner.
3. Mr. D. Pradeep, learned Assistant Government Pleader for Home, appearing on behalf of respondent Nos. 1 to 3, submits that the petitioner sought police protection in pursuance of the interim injunction order dated 05.11.2018 passed by the learned Civil Court. It is submitted that the dispute between the parties is purely civil in nature and the issue is already seized by the competent Civil Court, where the suit is pending adjudication. In the absence of any specific direction from the Civil Court for providing police protection, the respondent police authorities did not extend any such aid. It is further submitted that the allegations levelled against the police are devoid of any foundation or substance, and as such, the writ petition is misconceived and liable to be dismissed.
4. I have perused the material available on record.
5. The grievance of the petitioner is that the respondents/police authorities failed to provide police protection for implementing the interim injunction order dated 05.11.2018 passed in I.A. No. 759 of 2018 in O.S. No. 254 of 2018 on the file of the learned Principal Junior Civil Judge, Nizamabad. The petitioner contends that the inaction of the police has rendered the Civil Court’s order ineffective, necessitating intervention by this Court under Article 226 of the Constitution of India.
6. The question of whether police protection can be sought for enforcing a Civil Court’s decree or order has been authoritatively settled by judicial precedents. The Division Bench of this Court, in Kabbakula Padma v. State of Telangana & Others [(2023) 1 ALT 765], categorically held that if a party seeks enforcement of an order or decree passed by a Civil Court, the appropriate course of action is to approach the same Court by way of an interlocutory application or execution petition under the Code of Civil Procedure, 1908 (CPC). The Division Bench emphasized that unless the Civil Court itself issues a specific direction authorizing police aid, a writ petition under Article 226 of the Constitution of India seeking police protection for implementing such a Civil Court order is not maintainable.
7. In the present case, the record does not disclose that the petitioner has initiated any execution proceedings or filed any interlocutory application before the Civil Court seeking implementation of the interim injunction order or a direction for police aid. In view of the settled legal position and in the absence of any
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