THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT APPEAL No.562 of 2022
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. J.Raghuram, learned counsel for the
appellant and Mr. T.Srikanth Reddy, learned Government
Pleader for Home appearing for respondents No.1 and 2.
Also heard Mr. K.Durga Prasad, learned counsel for respondent No.7.
2. This writ appeal is directed against the order dated 08.08.2022 passed by the learned Single Judge disposing of W.P.No.12428 of 2021 filed by the appellant as the writ petitioner.
3. The related writ petition was filed by the appellant seeking a direction to respondent No.2 for providing police protection to implement the injunction order of the civil Court. It appears that appellant had obtained a decree dated 01.10.2020 in I.A.No.198 of 2020 in O.S.No.109 of 2 2020 in the Court of learned Junior Civil Judge at Thungathurthy. However, learned Single Judge was informed by learned counsel for respondent No.7 that the aforesaid decree was obtained ex parte. Respondent No.7 is taking steps for filing an application for setting aside the ex parte decree. Respondent No.7 has also filed a suit for declaration of right, title and interest. Insofar the prayer of the appellant for police protection is concerned, learned Single Judge was not inclined to pass any such order as the learned Single Judge noticed that the ex parte order did not contain any reasons. As regards any threat perception to the life of the appellant, learned Single Judge observed that it would be open to the appellant to make an appropriate application before the concerned police station and if such application is filed, police shall do the needful in accordance with law.
4. We do not find any error or infirmity with the view taken by the learned Single Judge. Seeking personal police protection cannot be claimed as a matter or right, that too for allegedly implementing civil Court decree without going 3 through execution proceedings. That being the position, we are not inclined to entertain the writ appeal.
5. Accordingly, we dismiss the writ appeal with costs of Rs.5,000/- (Rupees five thousand only) to be paid to the Telangana State Legal Services Authority within thirty days.
Miscellaneous applications pending, if any, shall stand closed.
______________________________________ UJJAL BHUYAN, CJ ______________________________________ C.V.BHASKAR REDDY, J 30.08.2022 vs