ORDER : N.Tukaramji, J. W.P.No.32136 of 2025 This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief/s:- “…to pass an orders, or issue any directions or issue any appropriate writ more particularly in the nature of WRIT OF MANDAMUS declaring the inaction of the respondent No. 3 in providing police protection to three petitioners subject open plot bearing No.71/A admeasuring to an extent of 166.66 sq.yards in Sy.No. 341 situated at Maskapur village shivar, Khanapur Mandal, Nirmal District in pursuant to absolute interim Injunction orders dated 17.10.2024 in I.A. No. 72 of 2023 in O.S. No. 28 of 2023 on the file of the Hon’ble Junior Civil Judge at Khanapur, despite receipt of petitioners written representation dated 16.04.2025 as being illegal, arbitrary and violation of Articles 21 and 300A of Constitution of India, consequently direct the respondents No. 3 to provide police protection to the petitioners said open plot bearing No.71/A admeasuring to an extent of 166.66 sq.yards in Sy.No. 341 situated at Maskapur village shivar, Khanapur Mandal, Nirmal District in pursuant to absolute interim Injunction orders dated 17.10.2024 in I.A. No. 72 of 2023 in O.S. No. 28 of 2023 on the file of the Honourable Junior Civil Judge at Khanapur and to pass…” W.P.No.32147 of 2025 This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief/s:- “…to pass an orders, or issue any directions or issue any appropriate writ more particularly in the nature of Writ of Mandamus declaring the inaction of the respondent No. 3 in providing police protection to the petitioners subject open plot bearing No.35/A admeasuring to an extent of 166.66 sq.yards in Sy.No. 341 situated at Maskapur village shivar, Khanapur Mandal, Nirmal District in pursuant to absolute interim Injunction orders dated 17.10.2024 in I.A. No. 61 of 2023 in O.S. No. 25 of 2023 on the file of the Hon’ble Junior Civil Judge at Khanapur, despite receipt of petitioners written representation dated 16.04.2025 as being illegal, arbitrary and violation of Articles 21 and 300A of Constitution of India, consequently direct the respondents No. 3 to provide police protection to the petitioners said open plot bearing No.35/A admeasuring to an extent of 166.66 sq.
yards in Sy.No. 341 situated at Maskapur village shivar, Khanapur Mandal, Nirmal District in pursuant to absolute interim Injunction orders dated 17.10.2024 in I.A. No. 61 of 2023 in O.S. No. 25 of 2023 on the file of the Honourable Junior Civil Judge at Khanapur and to pass…” W.P.No.32157 of 2025 This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief/s:- “…to pass an orders, or issue any directions or issue any appropriate writ more particularly in the nature of WRIT OF MANDAMUS declaring the inaction of the respondent No. 3 in providing police protection to the petitioners subject open plot bearing No.16/A admeasuring to an extent of 166.66 sq.yards in Sy.No.341 situated at Maskapur village shivar, Khanapur Mandal, Nirmal District in pursuant to absolute interim Injunction orders dated 17/10/2024 in I.A. No. 63 of 2023 in O.S. No. 26 of 2023 on the file of Honourable Junior Civil Judge at Khanapur, despite receipt of petitioners Nritten representation dated 16/04/2025 as being illegal, arbitrary and violation of Articles 21 and 300A of Constitution of India, consequently direct the respondents No. 3 to provide police protection to the petitioners said open plot bearing No.16/A admeasuring to an extent of 166.66 sq.
yards in Sy.No. 341 situated at Maskapur village shivar, Khanapur Mandal, Nirmal District in pursuant to absolute interim Injunction orders dated 17.10.2024 in I.A. No. 63 of 2023 in O.S. No. 26 of 2023 on the file of the Hon’ble Junior Civil Judge at Khanapur and to pass…” W.P.No.32189 of 2025 This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief/s:- “…to pass an orders, or issue any directions or issue any appropriate writ more particularly in the nature of WRIT OF MANDAMUS declaring the inaction of the respondentNo. 3 in providing police protection to the petitioners subject land admeasuring 0.01 Guntas in Sy.No. 341, 0.05 Guntas in Sy.No. 341/A, 0.10 Guntas in Sy.No. 341/AA in total an extent of 0.16 Guntas situated at Maskapur Village shivar of Khanapur Mandal, Nirmal District in pursuant to absolute interim Injunction orders dated 17.10.2024 in I.A. No. 65 of 2023 in O.S. No. 27 of 2023 on the file of the Hon’ble Junior Civil Judge at Khanapur despite receipt of petitioners written representation dated 16.04.2025 as being illegal, arbitrary and violation of Articles 21 and 300A of Constitution of India, consequently direct the respondents No. 3 to provide police protection to the petitioners said land admeasuring 0.01 Guntas in Sy.No. 341, 0.05 Guntas in Sy.No. 341/A, 0.10 Guntas in Sy.No. 341/AA in total an extent of 0.16 Guntas situated at Maskapur Village shivar of Khanapur Mandal, Nirmal District in pursuant to absolute interim Injunction orders dated 17.10.2024 in I.A. No. 65 of 2023 in O.S. No. 27 of 2023 on the file of the Honble Junior Civil Judge at Khanapurand to pass…” W.P.No.32190 of 2025 This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief/s:- “…to pass an orders, or issue any directions or issue any appropriate writ more particularly in the nature of WRIT OF MANDAMUS declaring the inaction of the respondent No. 3 in providing police protection to the petitioners subject open plot bearing No.34/A admeasuring to an extent of 166.66 sq.yards in Sy.No. 341 situated at Maskapur village shivar, Khanapur Mandal, Nirmal District in pursuant to absolute interim Injunction orders dated 17.10.2024 in I.A. No. 59 of 2023 in O.S. No. 24 of 2023 on the file of the Hon’ble Junior Civil Judge at Khanapur, despite receipt of petitioners written representation dated 16.04.2025 as being illegal, arbitrary and violation of Articles 21 and 300A of Constitution of India, consequently direct the respondents No. 3 to provide police protection to the petitioners said open plot bearing No.34/A admeasuring to an extent of 166.66 sq.
yards in Sy.No. 341 situated at Maskapur village shivar, Khanapur Mandal, Nirmal District in pursuant to absolute interim Injunction orders dated 17.10.2024 in I.A. No. 59 of 2023 in O.S. No. 24 of 2023 on the file of the Honourable Junior Civil Judge at Khanapur and to pass…” 2. Since the issues raised in these Writ Petitions are identical in nature, they have been heard together and are being disposed of by this common order. 3. Heard Mr.Alluri Divakar Reddy, learned counsel for the petitioners and Mr.R.Laxmikanth Reddy, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 3. 4.1. Learned counsel for the petitioners submits that respondent No.3 has failed to provide police protection pursuant to the petitioners’ representation dated 16.04.2025, which sought protection in furtherance of the interim injunction orders granted in I.A. No.72 of 2023 in O.S. No.28 of 2023, I.A. No.61 of 2023 in O.S. No.25 of 2023, I.A. No.63 of 2023 in O.S. No.26 of 2023, I.A. No.65 of 2023 in O.S. No.27 of 2023, and I.A. No.59 of 2023 in O.S. No.24 of 2023, all pending before the learned Junior Civil Judge, Khanapur. It is contended that despite the subsistence of these interim orders, the respondent authorities have failed to act upon the petitioners’ representation. Hence, these writ petitions have been filed seeking appropriate directions for implementation of the said orders and for grant of police protection. 4.2. During the course of hearing, learned counsel for the petitioners fairly conceded that the petitioners have not approached the trial Court by filing an appropriate application seeking police protection in aid of the interim orders already granted. In view of the same, this Court expressed its inclination to direct the petitioners to approach the trial Court for such relief. Accordingly, learned counsel requested that a direction for expeditious disposal of any such application to be filed before the trial Court may be issued. 5. Learned Assistant Government Pleader for Home, appearing for the respondents, submits that the petitioners’ prayer for police protection is not supported by any specific direction from the civil Court mandating such protection. It is further contended that the petitioners, without first approaching the trial Court, have invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, which is ordinarily not maintainable in such circumstances, except in exceptional or extraordinary cases.
It is further contended that the petitioners, without first approaching the trial Court, have invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, which is ordinarily not maintainable in such circumstances, except in exceptional or extraordinary cases. However, since the petitioners have expressed their willingness to move the trial Court for the said relief, learned Government Pleader submits that they may be permitted to do so, and accordingly prays for dismissal of the present writ petitions. 6. I have perused the material on record and considered the submissions. 7. It is evident from the submissions of the petitioners that they had submitted a representation to the police authorities seeking implementation of the interim injunction orders passed by the civil Court and sought police protection based on those orders. However, it is an admitted fact that the petitioners have not filed any application before the trial Court seeking a direction to the police for enforcement of those interim orders. 8. It is a well-settled proposition of law that when a civil Court grants an interim injunction, and a party apprehends violation thereof, the appropriate course of action is to approach the same Court for enforcement, including seeking police aid under its inherent powers or under Order XXXIX Rule 2-A of the Code of Civil Procedure, 1908. The writ jurisdiction under Article 226 cannot ordinarily be invoked for implementation of civil Court orders, as held by the Hon’ble Supreme Court in K.K. Velusamy v. N. Palanisamy [ (2011) 11 SCC 275 ] and State of Bihar v. Dhirendra Kumar [ (1995) 4 SCC 229 ] 9. Further, Hon’ble division bench of this Court in Kabhakula Padma v. State of Telangana and others , [ 2023 (1) ALT 765 (DB) TS)] and Mudraboina Odhelu and Ors., vs. State of Telangana and others , MANU/TL/0359/2023, in reiteration, it has been affirmatively held that a petition seeking police protection for enforcement or implementation of an injunction order under Article 226 of the Constitution of India shall ordinarily not be entertained, unless it is demonstrated that there exists an element of public injury or public interest, and that the remedies available under the Code of Civil Procedure, 1908, for enforcement of the injunction, have been exhausted. 10.
10. In view of the foregoing legal position and considering the submission of the petitioners expressing their readiness to avail the efficacious alternative remedy available under the Code of Civil Procedure, 1908, directing such course of action is found appropriate. 11. Accordingly, the petitioners are directed to approach the trial Court by filing an appropriate application seeking police protection, if the cause of action still survives. Upon such application being filed, the learned Junior Civil Judge, Khanapur, is directed to consider the same on its own merits and pass appropriate orders in accordance with law, on priority, preferably within eight (08) weeks from the date of receipt of a copy of this order. 12. With the above direction, these Writ Petitions stand disposed of. There shall be no order as to costs. Miscellaneous Petitions, pending if any, shall stand closed.