Telangana High Court
Puchala Narender Reddy vs The State Of Telangana on 26 August, 2022
Bench: T.Vinod Kumar
THE HON'BLE SRI JUSTICE T.VINOD KUMAR
WRIT PETITION No.33761 of 2022
ORDER:
This Writ Petition is filed for issuance of a Writ of Mandamus to
declare the action of respondents 3 and 6 in not providing police
protection and aid to the petitioner with respect to the subject land, as
being illegal and unconstitutional, with a consequential direction to
respondents 3 to 6 to provide adequate police protection and
assistance for the efficacious enforcement of the judgment and decree
dt.29.09.2021 in O.S.No.186 of 2021 passed by the I Additional Junior
Civil Judge, Jadcherla.
2. Heard learned counsel for the petitioner; and learned
Government Pleader for Home, appearing for respondents 1 to 6, and
with their consent, the Writ Petition is taken up for hearing and
disposal at the stage of admission.
3. Admittedly, the petitioner had obtained a judgment and decree
from the competent civil Court in O.S.No.186 of 2021 on 29.09.2021
and that the said judgment and decree have become final. It is also
contended by the petitioner that in spite of the petitioner obtaining the
judgment and decree in respect of the suit schedule property, he is
being prevented from enjoying the fruits of the decree and as such, he
had approached respondents 3 to 6 to provide adequate police
protection and assistance for enforcement of the above said decree.
4. Learned Government Pleader for Home, on the other hand,
would submit that one Narender Reddy, who is the petitioner in
W.P.No.33761 of 2022, had approached and lodged a complaint with
the respondents-authorities and on the basis of the said complaint, the
respondents have registered a case and are investigating into the
matter. Insofar as the extending of police aid/protection in pursuance
of the judgment and decree is concerned, he has submitted that if an
order from the competent Civil Court is obtained to that effect, the
respondents authorities would provide necessary protection.
5. Learned Government Pleader would further submit if this Court
were to direct the petitioner herein to approach the concerned Court,
which had passed the judgment and decree seeking enforcement of
the same, and in the said proceeding, if the concerned Court gives an
order extending the police protection, the authorities would abide by
the same.
6. Having regard to the submissions and considering the fact that
the petitioner had already obtained judgment and decree in
O.S.No.186 of 2021, the proper course for the petitioner would be to
file an execution petition for enforcement of the said decree, wherein
execution application can also be filed seeking police protection.
7. Learned counsel for the petitioner would submit that, if this
Court were to take the above said view, the petitioner would adopt the
said course of action by filing necessary application therein before the
concerned Civil Court within a period of one week hereof, and on such
application being filed, the concerned Court may be directed to dispose
of the execution application that would be filed in a time bound
manner.
8. Having regard to the submission made, this Court is of the view
that in stead of directing the respondents authorities to extend police
protection to implement the judgment and decree passed in
O.S.No.186 of 2021, it would be appropriate to direct the learned
I Additional Junior Civil Judge, Jadcherla, to take up the EA in EP that
would be filed by the petitioner, on out of turn basis, and pass orders
on the same, as expeditiously as possible, preferably on or before
30.09.2022.
9. Subject to the above, the Writ Petition is disposed of. Pending
miscellaneous petitions, if any, shall also stand closed. No order as to
costs.
____________________
JUSTICE T.VINOD KUMAR
Date:26.08.2022
GJ
