Disposed¶54

Kurakula Narsimha Rao v. The State of Telangana

Telangana HC16 Apr 2025WP/5579/2025

Case brief

AI extract

What is this about?

Telangana High Court, W.P.No.5579 of 2025 (16-04-2025, T. Vinod Kumar, J.). Police protection writ under Article 226 for decreed agricultural land (Sy.No.2511, Adavidevulapally, Nalgonda); decree in O.S.No.300 of 2013; execution proceedings pending; held police aid not grantable in writ petition where CPC remedy/execution available; liberty to apply in execution; disposed without costs; representations 19-02-2020 and 16-12-2024; letter No.B135/2021 dated 22-02-2021.

What did the court decide?

Liberty to the petitioner to file necessary application in the pending execution proceedings seeking police aid; writ petition disposed of with no order as to costs and miscellaneous petitions, if any, closed. ¶54

Kurakula Narsimha Rao Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

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[³¹⁶⁶ ]

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HIGH COURT FOR THE STATE^{OF TELANGANA} AT HYDERABAD (Special Original Jurisdiction)

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WEDNESDAY, THE SIXTEENTH^{DAY OF APRIL} TWO THOUSAND AND TWENTY^FIVE

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PRESENT

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THE HONOURABLE SRI^{JUSTICE T.VINODKUMAR}

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WRIT PETITIO N NO:^{5579 OF 2025}

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Between:

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Kurakula Narsimha Rao,^{S/o.Ramaiah'Aged abou! 65} -years' Ciic Agilcuftuie, i/o^{AdavidevulapallyVillage and-Mandal, Nalgonda District.} eresenity residing at^{R/o.9-91/1, Bhar'athnagar, Uppal, Hyderabad}

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...PETITIONER

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AND

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1 The State of Telangana, Rep.by^{its Principle Secretary(Home Department),} Secretariat, Hyderabad

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The Circle lnspector of^{Police, Miryalaguda Rural,Nalgonda District'}

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3 The Station House officer,^{Adavrdevulapally,AdavidevulapallyMandal'} Nalgoda District.

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The Tahsildar, Adavidevulapally^{Mandal, Nalgonda District'}

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5 Jatangi Saidulu,^{S/o.Lingaiah, Aged about 55 years,Occ-Stone lndustry} Gumasta,

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Jatangi Saidamma,^{Wo.Saidulu, Aged about 45 years. Occ-Housewife'}

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7 Vem pati Rama Krishnaiah, S/o.Bakkaiah'^{Aged about58 years'} OccBusinesq,

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Vempati Varalaxmi,^{Wo.RamaKrishnaiah, Aged about 50 years, Occ-House} wife,

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Respondents5toSareR/o.AdavidevulapallyVillageandMandalNalgonda

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District.

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...RESPONDENTS

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Petition under^{Article 226 of lhe constitution of lndia prayingthat in the} circumstances stated^{in the affidavitfiled therewith, the High court may be} pleased to issue an order/direction or^{any appropriate writ, more particularly onein} the nature of WRIT^{OF MANDAMUS, declaringthe inaction of the 3'd Respondent} in providing the^{police protection to the petitioner from respondents5 to 8. with the}

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peaceful possession and enjoyment of the petitioner land to an extent of Ac.'1 .00 gts in Sy No.25l1 , situated at Adavidevulapally Revenue Village and Mandal, Nalgonda District, in pursuant to the petitioner representation dated 19-02-2020, 16-12-2024, and letter No.Bl35l2021 , dt.22-O2-2021 submitted by the 4th respondent, in respect of Decree and Judgment passed in OS No 300 of 2013 dt.15-02-2024, on the file of the Principal Junior -Civil Judge Miryalaguda. is illegal, arbitrary and u n constitution al and violation of principles of natural justice, and consequently direct the 3rd respondent to provide the necessary police protection to the petitioner with the peaceful possession and enjoyment of the petitioner land to an extent of Ac. 1 .00 gts in Sy. No.25i 1 , situated at Adavidevulapqlly Revenue Village, and Mandal, Nalgonda District, in pursuant to the petitioner represe ntation daled 1 6-1 2-2024.

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lA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pteased To direct the 3rd respondent to provide the necessary police protection to the petitioner with the peaceful possession and enjoyment of the petitioner land to an extent of Ac. 1 ,00 gts in Sy. No.2511 , situated at Adavidevulapally Revenue Village and Mandal, Nalgonda District, in pursuant to the petitioner representation dated 16-'12-2024, pgnding the above writ petition.

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Counsel for the Petitioners: SRI HARI KISHAN KUDIKALA

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Counsel for the Respondent Nos.1 to 3: GP FOR HOME

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Counsel for the Respondent No.4: GP FOR REVENUE

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Counsel for the Respondent Nos.5 to 8:--

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The Court made the following: ORDER

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----..-

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THE HON'BLE^{SRI JUSTICET. VINOD KUMAR}

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WRIT PETITION No.5579^{of 2O2S}

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ORDER:

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Heard learned^{counsel for the petitioner'learned} . Government^{Pieader for Home appearing for the official} respondent^{Nos. 1 to 3, learnedGovernment Pleaderfor} Revenue appearing^{for respondentNo'4, and perusedthe} record.

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Despite the^{petitionerbeing directed to take dut} notice to respondent^{Nos- 5 to B and lile proof of service'} the same has^{not been filed till date' However' having} regard to the manner^{of disposal of the writ petition and} nature of lis involved,^{this Court is of the view that the} matter can^{be proceeded with, without havingthe audience} of the said resPondents.

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The case of the^{petitioner,in briel is that though he} has approached^{the 3'drespondent-authorityand} submitted representations,^{dt'19'O2'2O20and} dt.16.12.2024,^{forprovidingpolice protectiontothe} petitioner from respondent^{Nos.Sto B, who are interfering}

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with his peaceful possession and enjoyment over the larrd to an extent of Acre 1.00 Suntas in survey No.2S/ I srtuated at Adavidevulapally Revenue Vil lage and Mandal, Nalgonda District, the said representatio ns are not being acted upon by the authorities, even thou gh the petitioner has obtained a judgment and decree ln O.S.No.3OO of 2013, dt. LS.OZ.2O24 on the file of principal Junior Civil Judge. Mirya.laguda, which action of the responden tsauthorities it is contended as highly illegal and arbitrary.

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Learned Government pleader appearing on behalf of respondents, on the other hand, would submit that since, the petitioner had already set in motion the civil procedure, has to take further steps seeking enforcement of the aforesaid judgment and decree by initiating execution proceedings, wherein the petitioner can uq, see ll( police aid by filing a, apprication. 5. At this stage, Iearned counsel for the petitioner submits that the petitioner has also initiated execution proceedings seeking enforcement of the aforementioned judgment and decree, an<i pending consideration of the

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same, as the unofficia-l^{respondentshave interfered with} his peaceful^{possessionand enjoyment, he has approached} the respondents-authorities^{seeking police.aid'}

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6 I have taken note ol^{the respective submissions} made.

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Having regard to the^{submissions made as above,} and since, in the^{facts of the presentcase, the petitioner} claims to have obtained^{a judgmentand decree in his} favour in respect of^{the suit schedule property} ')'O" O.S.No.300 of 2013,^{dt.15.02.2o24,and also claims to} have fiied an execution^{petition for enforcement of the} aforesaid decree, this^{Court is of the view that the} petitioner having availed the^{remediesprovidedunder CPC} has to continue with^{the said proceedings, and for the said} reason, the respondents-authorities^{cannot be directedto} provide police aid in^{a writ petition, for which direction,the} petitioner has to take^{steps by filing necessaq/application} in the pending execution^{proceedingsifthere isany} interference from the^{unofficial respondentsherein'}

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Grarting liberty to the petitioner as noted

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hereinabove, the Writ petition is disposed of. No order as

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to costs.

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Consequently, miscellaneous petitions pending, if

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any. shall stand closed.

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SD/- N- SRIHARI EPUTY REGISTRAR

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//TRUE COPY//

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SECTION OFFICER

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To, 1. The Principle^{Secretary (Home Department), Secretariat'} Telanoana. Hvderabad

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The State of

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z in. Cl*r"'lnjriector^{of Police, MiryalagudaRural,Nalgon} da District. 5 ii ; Si"ti;"^{HSrsJoricer,Adavidevulapally, Adavidevula} pally Mandal, Nalooda District.

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a ifr"'ilil",rojildavidevulapallv^{Mandal, Nalgon.rDistrict} 5 d; btio-sii^{niii kisnan'Kurjikala,Advocate toPU-cJ} ; i;; dct to^{-cp tor Homb, High Court for the State of Telangana'at} Hvderabad [OUT]

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