THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE N.TUKARAMJI
Writ Appeal No.272 of 2023
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mohd.Islamuddin Ansari, learned counsel for the
appellant.
2. This intra-court appeal is directed against the order
dated 20.01.2023 passed by the learned Single Judge
dismissing Writ Petition No.38384 of 2022 filed by the appellant
along with batch.
3. Appellant had filed the related writ petition taking
exception to the action of the Station House Officer, Begumpet
Police Station in threatening to dispossess the appellant from
the house bearing Municipal No.1-10-27/34/A/37/2/A,
admeasuring 100 sq.yds. in Sy.No.194/8/1 situated at Prakash
Nagar, Begumpet, Hyderabad at the behest of respondent Nos.4
to 9.
4. Learned Single Judge vide the order dated 20.01.2023 declined to entertain the writ petition and accordingly dismissed the same. However, learned Single Judge granted liberty to the 2 appellant to approach the competent Civil Court for redressal of his grievance and for a period of three (3) weeks directed maintenance of status quo by both parties.
5. Learned counsel for the appellant submits that respondent No.9 herein had earlier approached this Court by filing W.P.No.24085 of 2022 seeking police protection for implementation of injunction order. This Court by order dated 10.06.2022 directed respondent No.9 herein to approach the concerned Police Station and to submit representation whereafter, the concerned Police station was directed to provide police protection to the petitioner. He submits that on the basis of the aforesaid order, respondent Nos.4 to 9 are misusing police authority and are trying to dispossess the appellant.
6. This Court has already held on more than one occasion that writ petitions filed seeking police protection / police aid for enforcement of civil rights or for enforcement of injunction orders may not be entertained in view of the remedy provided under Rule 2A of Order XXXIX of Civil Procedure Code, 1908. If the appellant was aggrieved by the aforesaid order of the learned Single Judge dated 10.06.2022, he ought to have questioned the aforesaid order by filing appeal.
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7. Be that as it may, the said order cannot be the basis for passing another order to adjudicate admittedly civil dispute between the parties.
8. Therefore, learned Single Judge was justified in relegating the parties to the forum of the competent Civil Court for adjudication of their respective civil rights and therefore justified in dismissing the writ petition. However, we are of the view that having dismissed the writ petition, it was not appropriate for the learned Single Judge to pass a positive direction of maintaining status quo for a period of three (3) weeks.
9. While dismissing the appeal, we also set aside the order of status quo passed by the learned Single Judge.
10. Writ appeal is accordingly dismissed. Miscellaneous applications pending, if any, shall stand closed. However, there shall be no order as to costs.
____________________________________ UJJAL BHUYAN, CJ ____________________________________ N.TUKARAMJI, J 06.03.2023 MRM