HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.7409 OF 2023
ORDER : (ORAL)
The writ petition is field seeking to declare action of
respondent No.2 - Station House Officer, Ghatkesar Police Station
in not providing police protection for implementation of injunction order granted in favour of the petitioners in O.S. No.2095 of 2019 on the file of the learned II Additional Senior Civil Judge, Rangareddy District, restraining the respondent Nos.3 and 4 and their henchmen from interfering with the peaceful possession and enjoyment of petitioners' land, as illegal and arbitrary.
2. Heard Sri K.Jagadishwar Reddy, learned counsel for the petitioners and 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 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:
22A. 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 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 3 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, petitioners are 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.
As a sequel thereto, miscellaneous applications, if any, pending in this writ petition shall stand closed.
________________________ B. VIJAYSEN REDDY, J 16.03.2023 LPD 4 201 THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.7409 OF 2023 16.03.2023 March 16, 2023 LPD