S. Ramulu vs The State Of Telangana And 8 ...
2023 Latest Caselaw 1286 Tel

  THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN

                                 AND

       THE HON'BLE SRI JUSTICE N. TUKARAMJI


                 WRIT APPEAL No.334 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.38526 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, admeasuring 155 square yards in Survey

No.194/8/1,      situated   at    Prakash   Nagar,   Begumpet,

Hyderabad at the behest of respondent Nos.4 to 9.

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                                            W.A.No.334 of 2023

4. Learned Single Judge vide 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 (03) 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.

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                                              W.A.No.334 of 2023

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 4 HCJ & NTRJ W.A.No.334 of 2023

positive direction of maintaining status quo for a period of

three (03) 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. However,

there shall be no order as to costs.

11. As a sequel, miscellaneous applications

pending, if any, in this Writ Appeal, shall stand closed.

_______________________ UJJAL BHUYAN, CJ

_______________________ N.TUKARAMJI, J Date: 16.03.2023 KL