Telangana High Court
Sri.Maddula Karthik Kumar Reddy vs The State Of Telangana on 18 September, 2025
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No.27078 of 2025
ORDER:
Heard learned counsel for the petitioners and G.Aniketh Reddy,
learned Assistant Government Pleader for Home appearing for respondent
Nos.1 to 4. With their consent this writ petition is taken up for disposal.
2. This writ petition is filed seeking following prayer:-
"to declare the inaction of the respondent No.4 in providing police
protection to the petitioners land admeasuring Ac.00.09 Gts in Sy
No.198, situated at Mankal Revenue Village, under Thukkuguda
Gram Panchayat, Maheshwaram Mandal, Ranga Reddy District
and bounded by North: Road leading through Thukkuguda to
Basarguda, South: Agricultural land in Survey No.40, East:
Agricultural land in survey No.317 of Anjaiah Goud and West:
Agricultural lands in survey No.197 from the respondent No.5 and
his henchmen having acknowledging the complaint dated 11.08.2025
from the petitioners and also despite Perpetual injunction operating
against the respondent No.5 and others in OS No.1359 of 2018 vide
judgment and Decree dated 30.11.2018 passed by IX Additional
Senior Civil Judge, L.B Nagar, R.R District, as illegal, arbitrary,
violative of Art. 14, 21, 300-A of Constitution of India contrary to
various judgments of Honourable Apex Court as well as this
Honourable Court and consequently direct the respondent No.4 to
extend police protection to the petitioners land admeasuring Ac.00.
09 Gts in Sy No.198, situated at Mankal Revenue Village, under
Thukkuguda Gram Panchayat, Maheshwaram Mandal, Ranga
Reddy District and bounded by North: Road leading through
Thukkuguda to Basarguda, South: Agricultural land in Survey
No.40, East: Agricultural land in survey No.317 of Anjaiah Goud
and West: Agricultural lands in survey No.197 from the respondent
No.5 and his henchmen."
3. Brief facts stated in this writ petition are that petitioners claims that
their father had purchased land admeasuring to an extent of Ac.00.09 Gts in
Sy.No.198, situated at Mankal Revenue Village, under Thukkuguda Gram
Panchayat, Maheshwaram Mandal, Ranga Reddy District, through registered
sale deed bearing document No.951 of 2013 dated 27.02.2013. Later, on
17.07.2018, respondent No.5 trespassed the subject land and tried to dispossess
the petitioners' father. Hence, petitioners' father filed suit for perpetual
injunction i.e., O.S.No.1359 of 2018 and the learned IX Additional Senior Civil
Judge, R.R.District, L.B.Nagar, vide order dated 30.11.2018, granted perpetual
injunction and restrained respondent No.5 and their henchmen from entering
into the subject land. It is further submitted the petitioners' father died on
16.01.2024 and petitioners being the legal heir have succeeded to the subject
property and were in peaceful possession of the subject property. The case of
the petitioners is that inspite of the order dated 30.11.2018 in O.S.No.1359 of
2018, respondent No.5 and his henchmen, in the second week of July, 2025 and
first week of August, 2025, criminally trespassed into the subject land and
tried to level the land with the help of JCB. Hence, the petitioners on
11.08.2025 sent a complaint through registered post and requested respondent
authorities to provide police protection to the petitioner and take action
against respondent No.5. However, till date respondent authorities had
neither provided police protection nor had initiated any action against
respondent No.5. Aggrieved by the same, this writ petition is filed.
4. Learned Assistant Government Pleader for Home appearing for
respondents Nos.1 to 4 placed on record instructions issued by Sub Inspector of
Police, Pahadishreef Police Station, Rachakonda Commissionerate, wherein it is
submitted that the respondent No.4 did not receive any specific order from any
competent Court to provide police protection to the petitioner. It is further stated
that on petitioners' complaint dated 11.08.2025, GD entry was made and during
the course of enquiry, it was revealed that the matter pertains to civil in nature,
hence, the petitioners were suggested to approach competent civil Court for
redressal of their grievance. Thereafter, petitioners' complaint dated 11.08.2025
was closed as "Civil in Nature" and the same was intimated to the petitioners
through notice dated 09.09.2025.
5. Per contra, learned counsel for the petitioners has drawn attention of
this Court to the orders passed by the Hon'ble Supreme Court in
P.R.Murlidharan and others Vs. Swami Dharmananda Theertha Padar and
others 1 relevant paragraph is extracted hereunder:-
"A writ for "police protection" so-called, has only a limited scope,
as, when the court is approached for protection of rights declared by
a decree or by an order passed by a civil court. It cannot be extended
to cases where rights have not been determined either finally by the
civil court or, at least at an interlocutory stage in an unambiguous
manner, and then too in furtherance of the decree or order."
6. Relying on the above, learned counsel for the petitioners pray this
Court to grant liberty to the petitioners to make fresh application before the
respondent authorities and pray this Court to direct the respondent authorities
to consider the same and pass orders.
7. Recording the submission made by the learned counsel appearing on
either side and in terms of order passed by the Hon'ble Supreme Court in
P.R.Murlidharan and others Vs. Swami Dharmananda Theertha Padar and
others (cited supra), this writ petition is disposed of granting liberty to
petitioners to make a fresh application before respondent authorities, within a
(2006) 4 Supreme Court Cases 501
period of one (01) week from the date of receipt of copy of this order and on such
representation, the respondent authorities are directed to take further action
strictly in accordance with law.
8. Accordingly, this writ petition is disposed of. Miscellaneous
applications, if any pending, shall stand closed. No order as to costs.
_________________________________
JUSTICE N.V.SHRAVAN KUMAR
Date: 18.09.2025
SU
