Telangana High Court
Dosali Kalavathamma vs The State Of Telangana on 17 April, 2025
Author: T. Vinod Kumar
Bench: T. Vinod Kumar
THE HON'BLE SRI JUSTICE T. VINOD KUMAR
WRIT PETITION No.11462 of 2025
ORDER:
Heard learned Counsel for the petitioner, learned
Government Pleader for Home appearing for official
respondent Nos.1 to 3, and with the consent of learned
counsel appearing for the respective parties, the writ
petition is taken up for hearing and disposal at admission
stage.
2. Having regard to the nature of lis involved in the Writ
Petition and the manner of disposal, this Court is of the
view that notice to unofficial respondent Nos.4 to 6 is not
necessary for adjudication of the present Writ Petition.
3. The case of the petitioner, in brief, is that though she
had obtained a judgment and decree in respect of the
subject land vide OS.No.28 of 2023, dt.05.10.2023, , the
unofficial respondents are not allowing the petitioner to
enjoy the fruits thereof, and are threatening the petitioner.
4. Petitioner further contends that since, the unofficial
respondents are not allowing the petitioner to enter into
her land, she has approached the respondents-authorities
and submitted a representation, dt.16.09.2024, seeking
police protection as well as registering an FIR against the
unofficial respondents herein for their illegal acts; and in
spite of the petitioner submitting the aforesaid
representation, no action is being taken by the
respondents-authorities, and such inaction on the part of
the respondents it is contended as highly illegal and
arbitrary.
5. Per contra, learned Government Pleader appearing on
behalf of respondent Nos.1 to 3 would submit that on the
petitioner approaching the respondents-authorities and
submitting a complaint, dt.16.09.2024, the authorities
have caused preliminary enquiry and found existence of
civil disputes between the petitioner and the unofficial
respondents.
6. It is further submitted that the respondents
thereafter closed the aforesaid complaint as "civil in
nature", and issued intimation to the petitioner of the
action taken on the complaint lodged by her, through
Petition Management System(PMS).
7. Learned Government Pleader further submits that
though the petitioner claims to have obtained a judgment
and decree in OS.N.28/2023, since there is no order from
the competent Civil Court to provide police protection in
respect of the suit schedule property mentioned therein,
the respondents-authorities cannot provide police
protection, thereby involving themselves in civil disputes.
8. I have taken note of the respective submissions
made.
9. While the petitioner claims to have obtained a
judgment and decree in her favour by invoking the civil
remedies vide OS.No.28/2023, dt.05.10.2023, however, is
now seeking to set in motion criminal law for
implementation of the said judgment and decree obtained
by her.
10. Since, the petitioner has already set in motion the
civil procedure in relation to the subject property and also
being successful therein, ought to have taken further steps
by filing an Execution Petition (EP) for implementation/
enforcement of the judgment and decree passed in her
favour, and instead, chose to approach the respondents-
authorities by lodging a complaint against the unofficial
respondents claiming that the said respondents are not
allowing her to enter the subject property and sought for
police protection.
11. It is to be noted that the unofficial respondents
herein having assailed the judgment and decree of the
Court below by way of further appeal, the same would also
prevent the respondents-authorities from providing police
protection as claimed by the petitioner for
implementation/enforcement of the judgment and decree,
which has not yet attained finality.
12. Since, the respondents-authorities having taken
action on the representation, dt.16.09.2024, submitted by
the petitioner, by closing the same as "civil in nature" and
the same having been informed to the petitioner, if the
petitioner is aggrieved by the aforesaid action taken, has to
avail further remedies provided under law, and for the said
reason, cannot approach this Court by the present Writ
Petition.
13. Granting liberty to the petitioner to avail the remedies
provided under BNSS, the Writ Petition is disposed of. No
order as to costs.
14. Consequently, miscellaneous petitions pending, if
any, shall stand closed.
___________________
T. VINOD KUMAR, J
17th April, 2025
gra
THE HON'BLE SRI JUSTICE T. VINOD KUMAR
Writ Petition No.11462 of 2025
17th April, 2025
gra
