IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE VAKITI RAMAKRISHNA REDDY WRIT PETITION No.19174 of 2015 DATE : 28.11.2025 Between:

Kandhukuri Rajesh and another … Petitioners AND The State of Telangana, rep. by its Public Prosecutor, High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh, Hyderabad and 4 others …Respondents

ORDER

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

“…to issue Writ, Order or direction more particularly in the nature of Writ of Mandamus declaring the in action of the respondents herein in not providing police protection to the petitioners to implement and enforce the orders dt.07.06.2013 passed by the V Junior Civil Judge, City Civil Court, Hyderabad, in I.A.No.148 of 2013 in O.S.No.838/2013 and by further directing the respondents herein more particularly in the respondent No.3 to render police protection to preserve and protect the possession and enjoyment of the petitioners herein in respect of the premises bearing No.8-3-945/A/18, comprising and area of 600 square yards forming part of Plot No.5, situated at Nagarjuna Nagar Colony, Yellareddyguda, Hyderabad, by further directing the respondents No.1 to 3 to implement the orders of the learned V Junior Civil Judge, City Civil Court, Hyderabad, in I.A.No.148 of 2013 in O.S.No.838/2013 and pass…”

2. Heard Sri G.Dhananjai, learned counsel for the petitioner, Sri D.Jagan Mohan Reddy, learned counsel for respondent No.5 and Sri Sridhar Bhuvanagiri, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 3 and perused the material available on record.

I. Petitioners’ case:

3. It is the case of the petitioners that they are the owners and possessors of the premises bearing No. 8-3-945/A/18, admeasuring 600 square yards, forming part of Plot No.5 along with an old structure, situated at Nagarjuna Nagar Colony, Yellareddyguda, Hyderabad, within the limits of GHMC. It is further stated by the petitioners that the respondent Nos.4 and 5 filed a suit in O.S.No.838 of 2013 on the file of learned V Junior Civil Judge, City Civil Court, Hyderabad against the petitioner No.1 and his wife Smt.Neelima along with their vendor’s vendor, Sri B.T.V.Sesha Sai, seeking a decree of perpetual injunction, in respect of premises bearing No.8-3-938, claiming the said property as Municipal No.8-3-945/A/18.

II. Interlocutory Proceedings:

4. Along with the said suit, the respondent Nos.4 and 5 have filed I.A.No.148 of 2013 in O.S.No.838 of 2013 under Order XXXIX Rules 1 and 2 seeking temporary injunction to restrain the respondents/defendants therein, who are the petitioner Nos.1 and 2 herein, from interfering with their peaceful possession and enjoyment in and over the said property bearing No.8-3-945/A/18. The petitioners stated to have filed a counter denying the allegations made by respondent Nos.4 and 5. The said I.A. was dismissed vide order dated 07.06.2013 against which a Civil Miscellaneous Appeal No.92 of 2013 was preferred by respondent Nos.4 and 5 and the said appeal was also dismissed vide order dated

06.03.2014.

III. Events after Dismissal of Injunction Application:

5. It is contended by the petitioners that despite dismissal of the aforesaid I.A. by the learned V Junior Civil Judge, City Civil Court, Hyderabad, respondent Nos.4 and 5 indulged in to illegal acts by taking the law into their own hands and preventing the petitioners from enjoying the property, thereby forcing the petitioners to approach the Police authorities seeking protection to prevent respondent Nos.4 and 5 from interfering with their peaceful possession over the subject property and also render the Police Protection to them by registering the criminal case against the respondent Nos.4 and 5. It is contended by the petitioners that the respondent No.3 failed to provide Police Protection by implementing the orders dated 07.06.2013 passed by the learned