Citation : 2022 Latest Caselaw 4362 Tel
Judgement Date : 30 August, 2022
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
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
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
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