Hyderabad High Court: A Single Judge Bench comprising of Gudiseva Shyam Prasad, J. dismissed a writ petition at the admission stage on account of it being misconceived.
The petitioner filed a writ petition seeking the relief in the nature of writ of mandamus under Article 226 of the Constitution of India over the protection and preservation of his title and possession over the land which was being interfered with by the defendants.
The defendant pressed upon the fact that instead of resorting to the present writ petition along with seeking police protection, the petitioners should have approached the court by way of execution petition.
The Court agreed with the submission of the defendants that it was a civil matter and if the petitioner needed police aid he should have had sought for the orders for the same. The police cannot interfere in any civil dispute unless directed by any competent court to its effect.
Accordingly, with regard to the misconceived writ petition, the matter stood closed. [Tirumala Siva Prasad v. State of A.P.,2018 SCC OnLine Hyd 262, order dated 17-04-2018]
