The High Court dismissed a writ petition filed under Article 226 seeking mandamus for police assistance to enforce an injunction order. The Court held that filing an execution petition is the proper remedy, making direct writ jurisdiction impermissible without exhausting procedural mechanisms.
Writ petition dismissed; no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH coURT F* THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
TUESDAY, TfIE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE
PRESENT
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THE HO NOURABL E SRI JUSTICE N.TUKARAMJI
WRIT?ETITION NO: 15543 OF?016
Between:
Sri Deepak Joshi, S/o Sri Shamsundar Joshi, aged about 44yrs, O.cc Businesi, R/o H.no. Z1-80, Near Sridevi Asian Mall, HanumanTemple, Hanumakonda, Warangd$istrict
...PETITIONER
AND
.2. The Assistant Commissioner of Police, Hanmakonda, WarangalDistrict, ;
Telangana
...RESPONDENTS
, i Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the HighCourt maybe pleased to issue a writ, order or direction, more particularly one 1n the nature of writ. of mandamus directing respondents 1 to 3 to iniiiate stepsfor providing assistance to thepetitioner, in the matter of eniorcement andimplementation of the injunction order Ot- 2i.12.2O15passed by theHonble llAdditional Junior i Civil Judge, at Warangal @ssed in O.S.NO. 1274 OF2015 in respect of the petitioners property and further direct respondents 1 to 3 toprovide, protection to the petitioner and his family members.
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Petition under Section 151 CPCpraying that in thecircumstancesstated in the affidavit filed in support of thepetition, theHigh Court maybe pleased to direct respondents 1 tq,ts, b initiate steps forproviding assistanceto the
petitioner in the matter of enforcement and implementation of the injunction order DT: 22.12.2015 passe* by the Hon'ble ll Additional Junior Civil Judge, at warangal passed in €rs.Nb 1274 oF 2a1fc in respect of the petitioner's property.
Counsel for the Petitioner: SRI P.THIRUMALA RAO 6,ror pREsENr) counselfor the Responde(ts: sRl R.LA(MIKANTH REDDY, AGp FoR HOME The Court made the followiqrg: ORDER
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THE HONOURABLE SRI IUSTICE N.TUKARAMJI WRIT PETITION No;15543 OF 2016
ORDER:
This \7rit Petition is filed under Article 226 of Constitution of India seeking the following reliefls:-
"... to issue a writ, orider or direction, more panicularly one in the nature of Writ of }vlandamus directing respondent Nos.1 to 3 to initiate sreps for providing assistance to the in the mauer of enforcement and implementation the injunction order dated 22.12.20L5 passed by the II Additional Junior Gvil JudgeatWarangallnO.S.No.1274 of 2015 n respect of the petitioner's properq/ and funher direct respondent Nos.1 to 3 to provide protection to the petitioner and his familymemben and pass ,,
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in the absence of any specific direction issued either by the said C-oun or by the competent statutory authorities, the police are not empowered to ercend assistance in implementing the injunction order. C-ons equertly, initiating proceedings against the respondents, in the circumstances presented, would be legally unwarrrnted and pro cedur:ally imprope r.
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any susrainable grounds, rhe writ pettron merits no consideradon ( and is Iiable ro be dismissed.
1,0. Accordingly, this writ p.iitio, is dis mrssed. There shall be no order as to costs.
Miscellaneous petitions, pending if any,sha, stand crosed. //TRUE COPYII ^i%;[rTtffiIli#flH 6
To, SECTION OFFICER 1. One CC to SRt p THIRUMALA RAO, Advocate tOpUCl ' Iy.""S8jrtb,?fi FOR HOME, High Court for the State of Telangana at 3. Two CD Copies BSR PMK (p.-
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HIGHCOURT
DATED:19/08/2025
ORDER
WP.No.15543of 2016
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DISMISSINGTHE WRIT PETITION'
WITHOUTCOSTS
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3 issues framed by the court
Whether the High Court can issue a writ of mandamus for enforcement of a civil injunction order when execution proceedings were not filed.
Whether the petition is maintainable when the petitioner bypassed the statutory remedy of filing an execution petition.
Whether the police are empowered to assist in the enforcement of a civil injunction order without specific direction.
Colour shows how this judgement treated each authority
.p. No. 9699 of 2o25Referred¶48
Sri Deepak Joshi
The Commissioner of Police, Warangal City
The Assistant Commissioner of Police, Hanmakonda
The Station House Officer, Police Station Subedari
N.Tukaramji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
