Citation : 2026 Latest Caselaw 357 Tel
Judgement Date : 6 April, 2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT
HYDERABAD
THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL
WRIT PETITION No.10025 of 2026
Date: 06.04.2026
Between:
Naser Salahuddin Qureshi and another
..Petitioners
And
The State of Telangana,
Rep. by its Principal Secretary,
Home Department,
Secretariat Building, Hyderabad
and 6 others
..Respondents
ORDER:
This Writ Petition is filed seeking the following relief:-
"...to declare the action of the respondent Nos.2 to 5 in not considering and acting upon the representation of the petitioner dated 27.02.2026 and 07.03.2026 and in not providing police aid and protection for effective implementation of the Judgment and Decree dated 03.01.2023 passed in O.S.No.2272 of 2018, on the file of the Court of the IV Additional Senior Civil Judge, Ranga Reddy District, in respect of agricultural dry land admeasuring Ac.05.37 guntas, in Survey No.745, situated at Shamshabad Village and Mandal, Ranga Reddy District, as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India, and consequently to direct the respondents, more particularly
respondent No.5, to provide necessary police aid and protection to the petitioners for implementation of the decree of perpetual injunction dated 03.01.2023 in O.S.No.2272 of 2018 and to ensure that respondent Nos.6 and 7 and their men do not interfere with the peaceful possession and enjoyment of the petitioner over the subject land i.e., agricultural dry land admeasuring Ac.05.37 guntas, in Survey No.745, situated at Shamshabad Village and Mandal, Ranga Reddy District...."
2. Heard Sri Katika Ravinder Reddy, learned counsel
appearing for the petitioners and Sri M.Srinivas, learned
Assistant Government Pleader for Home appearing for
respondent Nos.1 to 5 and perused the record.
3. Learned counsel appearing for the petitioners would
submit that the petitioners are the lawful owners and
possessors of agricultural land to an extent of Acs.5.37
guntas in Sy.No.745, situated at Shamshabad Village and
Mandal, Ranga Reddy District. Petitioner No.1 owning
Acs.2.3850 guntas and petitioner No.2 owning Acs.2.3850
guntas. Their ownership is derived from Khaleel-Ul-Rahman,
the original owner, and both have been in continuous,
peaceful possession of their respective shares. Respondent
Nos.6 and 7, who had no legal claim over the land, repeatedly
attempted to interfere with the petitioners' possession,
prompting petitioner No.1 to file O.S.No.2272 of 2018, which
resulted in a decree granting perpetual injunction restraining
such interference. Despite the decree, these respondents,
along with their associates, have continued illegal attempts to
trespass and threaten the petitioners. The petitioners
submitted representations requesting police protection, but
the authorities failed to act, thereby abdicating their statutory
duty and indirectly aiding the trespassers. The petitioners
seek a direction from this Court to compel respondent Nos.2
to 5, to provide necessary aid and protection to enforce the
decree and ensure peaceful possession, as no other effective
remedy exists and they face imminent irreparable loss.
4. Learned counsel for the petitioner relied on the order
dated 12.11.2025 passed by a co-ordinate Bench of this Court
in W.P. No.31735 of 2025, where the Court disposed of a writ
petition by granting liberty to the petitioner to have their
representation considered for implementation of a trial Court
order under similar circumstances. In the present case, the
petitioner submitted a detailed representation seeking police
aid for enforcement of the decree, but no action has been
taken by the official respondents. The petitioner, therefore,
seeks appropriate directions from this Court directing
respondent No.2 to consider the representation and provide
necessary police protection.
5. Learned Assistant Government Pleader for Home on
instructions would submit that the petitioner submitted a
representation dated 07.03.2026 to respondent No.5-Station
House Officer of RGI Airport Police Station, Hyderabad,
requesting police protection for the enforcement of the decree
and permanent injunction in O.S.No.2272/2018 concerning
land in Sy.No.745, Shamshabad Village and Mandal.
Respondent No.5 acknowledged that representation through
Petition Entry No.HYD/RGIAIRPORT_CYB/070326/00746,
dated 07.03.2026. However, the petitioners did not provide
any specific order from a competent court directing the police
to extend protection for the implementation of the Judgment
and Decree dated 03.01.2023. In the absence of such an
order, the police cannot legally provide protection. If the
petitioners furnish an appropriate court order, the police will
act in accordance with the law. Filing the present writ
petition without obtaining or producing a court order is not
maintainable. Hence, seeks to dismiss the present writ
petition.
6. The legal position with regard to seeking police aid for
implementation of an order or decree passed by a competent
civil Court is no longer res integra. In Kabbakula Padma v.
State of Telangana1, this Court held that a petition seeking
police action for implementation of an order or decree is not
maintainable unless the petitioner has first exhausted the
efficacious remedies available before the civil Court or the
executing Court.
7. In the present case, the material on record does not
disclose that the petitioner has taken any steps before the
[(2023) 1 ALT 765]
civil Court for seeking police aid. In view of the settled legal
position, and in the absence of any exceptional circumstances
warranting interference by this Court, the prayer made by the
petitioner for grant of police aid is not maintainable.
8. However, liberty is reserved to the petitioner to avail
appropriate remedies before the competent civil Court, in
accordance with law.
9. With the above observations, this writ petition is
disposed of. There shall be no order as to costs.
As a sequel, the miscellaneous petitions pending, if
any, shall stand closed.
_____________________ E.V.VENUGOPAL, J 06.04.2026 vsu/spd
Publish Your Article
Campus Ambassador
Media Partner
Campus Buzz
LatestLaws.com presents: Lexidem Offline Internship Program, 2026
LatestLaws.com presents 'Lexidem Online Internship, 2026', Apply Now!