IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 21469 of 2008 Between: K.Rajesh Kanodia S/o. Late Kamalapath Kanodia R/o. H.No. 33-163, Lake Ville Extn. RTC. Colony, Secunderabad ..... PETITIONER AND 1 The Commissioner of Police, Cyberabad, at Hyderabad. 2 The Station House Officer, Balanagar Police Station, R.R.District, Cyberabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to to issue an appropriate writ, order or direction, more particularly a writ in the nature of writ of Mandamus, declaring the inaction of the respondents in not giving the protection for eﬀective implementation of the injunctive orders, against the third parties who are trying to interfere with our peaceful possession ad enjoyment as illegal, arbitrary and violative of Art 14 and 21 of the constitution of India and consequently direct the respondent to gtive protection for the implementation of injuctive orders, and pass Counsel for the Petitioner:MR.V.NITESH Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON’BLE MS JUSTICE G.ROHINI W.P.No.21469 of 2008 ORDER This writ petition is ﬁled seeking a declaration that the alleged inaction of the respondents in providing protection for eﬀective implementation of the order of Injunction granted in I.A.No.2836 of 2007 in O.S.No.2981 of 2007 on the ﬁle of the Court of the II Additional Senior Civil Judge, R.R District, as arbitrary and illegal. The petitioner states that along with two others he ﬁled O.S.No.2981 of 2007 for perpetual injunction restraining the defendants therein from interfering with the suit schedule property, which was described as 600 square yards of land situated in Sy.No.73 of Ferozguda Village. Pending the suit, they also sought for temporary injunction by ﬁling I.A.No.2836 of 2007 under Order XXXIX, Rule.1 and 2 of CPC, and the same was granted as prayed for. Alleging that in violation of the said order, the defendants were trying to enter upon the suit land, the petitioner lodged a complaint before the 2nd respondent – Station House Oﬃcer, Balanagar P.S on 22-06-2008 requesting to initiate appropriate action against them and also to provide protection for implementation of the order of injunction granted by the civil court. Though the complaint was received by the 2nd respondent on 25.6.2008, no action has been taken. Hence, the present writ petition. Heard the learned counsel for the petitioner. At the outset, it is to be noted that in the event of violation of an order of injunction a remedy is provided under Order XXXIX Rule 2A of the Civil Procedure Code, 1908. It is not known whether the petitioner has availed such remedy. Even assuming that there is inaction on the part of the 2nd respondent to take action on the basis of the complaint lodged by the petitioner, it is always open to the petitioner to take recourse to any of the alternative remedies available under the Code of Criminal Procedure,1973 either by making a complaint before the Superintendent of Police or before the Magistrate having jurisdiction to take cognizance of the offence. Without exhausting such alternative remedies the petitioner cannot be permitted to invoke the jurisdiction of this Court under Article.226 of the Constitution of India. Accordingly leaving it open to the petitioner to work out the appropriate alternative remedy as available under law, the writ petition is dismissed. No order as to costs. _____________ G. ROHINI, J. Dt.30.09.2008 *TSNR