THE HON'BLE SRI JUSTICE T.VINOD KUMAR
WRIT PETITION No.33761 of 2022
ORDER:
This Writ Petition is filed for issuance of a Writ of Mandamus to declare the action of respondents 3 and 6 in not providing police protection and aid to the petitioner with respect to the subject land, as being illegal and unconstitutional, with a consequential direction to respondents 3 to 6 to provide adequate police protection and assistance for the efficacious enforcement of the judgment and decree dt.29.09.2021 in O.S.No.186 of 2021 passed by the I Additional Junior Civil Judge, Jadcherla.
2. Heard learned counsel for the petitioner; and learned Government Pleader for Home, appearing for respondents 1 to 6, and with their consent, the Writ Petition is taken up for hearing and disposal at the stage of admission.
3. Admittedly, the petitioner had obtained a judgment and decree from the competent civil Court in O.S.No.186 of 2021 on 29.09.2021 and that the said judgment and decree have become final. It is also contended by the petitioner that in spite of the petitioner obtaining the judgment and decree in respect of the suit schedule property, he is being prevented from enjoying the fruits of the decree and as such, he 2 had approached respondents 3 to 6 to provide adequate police protection and assistance for enforcement of the above said decree.
4. Learned Government Pleader for Home, on the other hand, would submit that one Narender Reddy, who is the petitioner in W.P.No.33761 of 2022, had approached and lodged a complaint with the respondents-authorities and on the basis of the said complaint, the respondents have registered a case and are investigating into the matter. Insofar as the extending of police aid/protection in pursuance of the judgment and decree is concerned, he has submitted that if an order from the competent Civil Court is obtained to that effect, the respondents authorities would provide necessary protection.
5. Learned Government Pleader would further submit if this Court were to direct the petitioner herein to approach the concerned Court, which had passed the judgment and decree seeking enforcement of the same, and in the said proceeding, if the concerned Court gives an order extending the police protection, the authorities would abide by the same.
6. Having regard to the submissions and considering the fact that the petitioner had already obtained judgment and decree in O.S.No.186 of 2021, the proper course for the petitioner would be to file an execution petition for enforcement of the said decree, wherein execution application can also be filed seeking police protection. 3
7. Learned counsel for the petitioner would submit that, if this Court were to take the above said view, the petitioner would adopt the said course of action by filing necessary application therein before the concerned Civil Court within a period of one week hereof, and on such application being filed, the concerned Court may be directed to dispose of the execution application that would be filed in a time bound manner.
8. Having regard to the submission made, this Court is of the view that in stead of directing the respondents authorities to extend police protection to implement the judgment and decree passed in O.S.No.186 of 2021, it would be appropriate to direct the learned I Additional Junior Civil Judge, Jadcherla, to take up the EA in EP that would be filed by the petitioner, on out of turn basis, and pass orders on the same, as expeditiously as possible, preferably on or before 30.09.2022.
9. Subject to the above, the Writ Petition is disposed of. Pending miscellaneous petitions, if any, shall also stand closed. No order as to costs.
____________________ JUSTICE T.VINOD KUMAR Date:26.08.2022 GJ