Telangana High Court
Mohd Arshad vs The State Of Telangana on 11 July, 2025
Author: T. Vinod Kumar
Bench: T. Vinod Kumar
THE HON'BLE SRI JUSTICE T. VINOD KUMAR
WRIT PETITION No.19902 OF 2025
ORDER:
Heard learned Counsel for the petitioner, learned
Government Pleader for Home appearing on behalf of
respondent Nos.1 to 3, and with the consent of learned Counsel
appearing for the parties, the Writ Petition is taken up for
hearing and disposal at the stage of admission.
2. The case of the petitioner, in brief, is that though the
petitioner had obtained judgment and decree in his favour in
the suit vide O.S. No.286 of 2016 dated 27.03.2024 in respect of
land in Sy. No.66 and 66/part situated at Rajbollaram, Medchal
against the illegal interference by respondent Nos.4 to 7 herein,
the respondent authorities are not taking any action against the
unofficial respondents herein based on the complaint made by
the petitioner on 20.06.2025 by extending police protection to
the petitioner so as to secure compliance with the judgment and
decree dated 27.03.2025 in O.S. No.286 of 2016.
3. Per contra, learned Government Pleader for Home
appearing on behalf of respondents would submit that the
petitioner by submitting the aforesaid representation under the
guise of law and order problem is seeking enforcement of
judgment and decree in O.S. No.286 of 2016 which the
respondent authorities cannot enforce.
4. Insofar as the law and order issue is concerned, if any
complaint is received or any incident is reported, the respondent
authorities would take necessary action in accordance with the
powers and duties of the respondent authorities under the
Police Act.
5. I have taken note of the respective contentions urged.
6. Though the petitioner by the representation submitted on
20.06.2025 claims of the threat to petitioner's life and liberty
from the unofficial respondents and thus seeks for enforcement
of judgment and decree dated 27.03.2024 in O.S. No.286 of
2016 passed by the Senior Civil Judge, Medchal - Malkajgiri
District, it is not shown to this Court of the petitioner on
obtaining judgment and decree having taken any steps to seek
enforcement of the said decree by filing any execution petition,
including application therein for extending police aid for
implementation of the said judgment and decree.
7. On the other hand by the representation dated
20.06.2025, the petitioner is indirectly seeking enforcement of
the judgment and decree in the name of law and order. Since,
the petitioner had invoked the civil jurisdiction initially by filing
the suit vide O.S. No.286 of 2016 and having obtained an order
is required to take further steps for enforcement of the said
judgment and decree in terms of order 21 CPC and for the said
reason cannot abandon civil proceedings midway and seek
enforcement of the decree by approaching the respondent
authorities in the name of law and order.
8. As noted hereinabove, as it is not shown to this Court of
the petitioner availing the remedy of execution of the judgment
and decree, this Court is of the view that the petitioner should
be relegated to avail the remedy of execution in terms of the
order 21 C.P.C.
9. Insofar as law and order issue is concerned, if any such
complaint is received or the authorities notice of any law and
order situation arising the authorities are directed to take
necessary action in accordance with the provisions and powers
conferred on them under BNSS and Police Act.
10. Subject to the above direction, the Writ Petition is
disposed of. No costs.
Miscellaneous petitions, if any, pending in the Writ
Petition, shall stand closed.
___________________
T. VINOD KUMAR, J
Date: 11.07.2025
MRKR
