THE HONOURABLE SRI JUSTICE K.LAKSHMAN
WRIT PETITION No.5745 OF 2021
ORDER:
This Writ Petition is filed to declare the action of the third respondent in not acting upon the representation dated 22.01.2021 as illegal.
According to the learned counsel for the petitioner, there is a decree in favour of the petitioner in O.S.No.6 of 2014 dated 28.11.2018 passed by the learned Junior Civil Judge, Narsapur. The petitioner herein has submitted a representation dated 22.01.2021 duly enclosing a copy of the said decree and judgment with a request to provide police aid. Despite receiving and acknowledging the same, the third respondent is not acting upon it, and therefore, the petitioner filed the present writ petition.
Sri S.Ram Mohan, learned Assistant Government Pleader for Home, on instructions, would submit that the Hon'ble Division Bench of this Court in W.A.No.47 of 2021 dated 23.02.2021 held that the petitioner has to approach the very same Court which passed the judgment and decree by way of filing an execution petition and not by way of filing the writ petition seeking police protection.
In the light of the order dated 23.02.2021 in W.A.No.47 of 2021, this writ petition is disposed of granting liberty to the petitioner to file an appropriate application before the said Court seeking execution of the judgment and decree in O.S.No.6 of 2014. No order as to costs.
Pending Miscellaneous Petitions, if any, shall also stand closed in the light of this final order.
__________________ K.LAKSHMAN, J Date: 22.03.2021 pgs