Aidha Kumar vs The State Of Telangana And 8 Others
2023 Latest Caselaw 1076 Tel

        THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
                                   AND
            THE HON'BLE SRI JUSTICE N.TUKARAMJI

                     Writ Appeal No.272 of 2023

JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)


         Heard Mohd.Islamuddin Ansari, learned counsel for the

appellant.



         2. This intra-court appeal is directed against the order

dated     20.01.2023     passed     by    the   learned      Single   Judge

dismissing Writ Petition No.38384 of 2022 filed by the appellant

along with batch.



         3. Appellant had filed the related writ petition taking

exception to the action of the Station House Officer, Begumpet

Police Station in threatening to dispossess the appellant from

the     house    bearing     Municipal      No.1-10-27/34/A/37/2/A,

admeasuring 100 sq.yds. in Sy.No.194/8/1 situated at Prakash

Nagar, Begumpet, Hyderabad at the behest of respondent Nos.4

to 9.

4. Learned Single Judge vide the order dated 20.01.2023

declined to entertain the writ petition and accordingly dismissed

the same. However, learned Single Judge granted liberty to the

appellant to approach the competent Civil Court for redressal of

his grievance and for a period of three (3) weeks directed

maintenance of status quo by both parties.

5. Learned counsel for the appellant submits that

respondent No.9 herein had earlier approached this Court by

filing W.P.No.24085 of 2022 seeking police protection for

implementation of injunction order. This Court by order dated

10.06.2022 directed respondent No.9 herein to approach the

concerned Police Station and to submit representation

whereafter, the concerned Police station was directed to provide

police protection to the petitioner. He submits that on the basis

of the aforesaid order, respondent Nos.4 to 9 are misusing police

authority and are trying to dispossess the appellant.

6. This Court has already held on more than one occasion

that writ petitions filed seeking police protection / police aid for

enforcement of civil rights or for enforcement of injunction

orders may not be entertained in view of the remedy provided

under Rule 2A of Order XXXIX of Civil Procedure Code, 1908. If

the appellant was aggrieved by the aforesaid order of the learned

Single Judge dated 10.06.2022, he ought to have questioned the

aforesaid order by filing appeal.

7. Be that as it may, the said order cannot be the basis for

passing another order to adjudicate admittedly civil dispute

between the parties.

8. Therefore, learned Single Judge was justified in

relegating the parties to the forum of the competent Civil Court

for adjudication of their respective civil rights and therefore

justified in dismissing the writ petition. However, we are of the

view that having dismissed the writ petition, it was not

appropriate for the learned Single Judge to pass a positive

direction of maintaining status quo for a period of three (3)

weeks.

9. While dismissing the appeal, we also set aside the order

of status quo passed by the learned Single Judge.

10. Writ appeal is accordingly dismissed.

Miscellaneous applications pending, if any, shall stand

closed. However, there shall be no order as to costs.

____________________________________ UJJAL BHUYAN, CJ

____________________________________ N.TUKARAMJI, J 06.03.2023 MRM