HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.1647 OF 2023
ORDER : (ORAL)
The writ petition is filed seeking to declare action of
respondent Nos.2 to 4 in not providing police protection to the life
and property of the petitioner i.e., different extents of land bearing Sy. Nos.278 and 279, total admeasuring Ac.8.03 guntas situated at Maheswaram Village and Mandal, Ranga Reddy District to secure compliance of ad-interim injunction order dated 04.01.2023 passed in I.A. No.16 of 2023 in O.S. No.2 of 2023 by the learned Junior Civil Judge - cum - XVII Additional Metropolitan Magistrate, at Maheshwaram, Ranga Reddy District on the representation of the petitioner dated 12.01.2023, as illegal and arbitrary.
2. Heard Sri Mohd. Moin Ahmed Quadri, and the learned Assistant Government Pleader for Home and perused the material available on record.
3. Learned Assistant Government Pleader for Home submitted that in view of judgment of the Division Bench of this 2 Court dated 13.02.2023 in W.A. No.187 of 2023, the Writ petition is liable to be dismissed. In paragraph Nos.14 to 17 following observations are made by the learned Division Bench. "14. Rule 2A of Order XXXIX of CPC reads as under: 2A. Consequence of disobedience or breach of injunction. (1) In the case of disobedience of any injunction granted or other order made under rule 1 or rule 2 or breach of any of the terms on which the injunction was granted or the order made, the Court granting the injunction or making the order, or any Court to which the suit or proceeding is transferred, may order the property of the person guilty of such disobedience or breach to be attached, and may also order such person to be detained in the civil prison for a term not exceeding three months, unless in the meantime the Court directs his release.
(2) No attachment made under this rule shall remain in force for more than one year, at the end of which time if the disobedience or breach continues, the property attached may be sold and out of the proceeds, the Court may award such compensation as it thinks fit to the injured party and shall pay the balance, if any, to the party entitled thereto.
15. From the above, it is evident that if there is any disobedience to an order of injunction made under Rule 1 or Rule 2 of Order XXXIX CPC or breach of any of the terms on which the injunction was granted or the order made, the Court granting injunction or any court to which the suit or proceeding is transferred may order the property of the person guilty of such disobedience or breach to be attached and may also order such person to be detained in civil prison for a term not exceeding three months unless in the meantime, the Court 3 directs his release. Therefore, Rule 2A of Order XXXIX CPC provides for an adequate and efficacious remedy to a person who is aggrieved by disobedience to or breach of an injunction order granted in his favour.
16. That being so, we are of the view that petitions filed under Article 226 of the Constitution of India seeking police aid to enforce or implement an order of injunction or to restrain persons from interfering with the order of injunction should not be ordinarily entertained unless an element of injury to the public or infraction of statute is made out. Otherwise, it would amount to entering into an arena of private dispute(s).
17. Accordingly, granting liberty to the appellants to avail their remedy under Order XXXIX Rule 2A CPC, the writ appeal is dismissed."
4. In view of the same, this Court is not inclined to entertain this writ petition.
5. Accordingly, the writ petition is dismissed. However, petitioner is given liberty to invoke remedy under Order XXXIX Rule 2A of the C.P.C. or Section 151 of the C.P.C. or implementation of the injunction order or granting police aid. There shall be no order as to costs.
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As a sequel thereto, miscellaneous applications, if any, pending in this writ petition shall stand closed.
________________________ B. VIJAYSEN REDDY, J March 09, 2023 LPD 5 THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.1647 OF 2023 09.03.2023 March 09, 2023 LPD