HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.7958 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
petitioner and his property to an extent of Ac.2.0 guntas in Sy. No.6/E and Ac.2.09 guntas in Sy. No.22/E situated at Chinnareddyguda Village, Jilled Chowdarigudem Mandal, Rangareddy District, as illegal and arbitrary.
2. Heard Sri Ponna Krishna Reddy, learned counsel for the petitioner and the learned Assistant Government Pleader for Home and perused the material available on record.
3. It is submitted by the learned counsel for the petitioner that suit for perpetual injunction in O.S. No.303 of 2022 was filed before the Principal Junior Civil Judge, Sahdnagar in respect of the subject property. Interim injunction order granted in favour of the petitioner in I.A. No.767 of 2022. Later, petitioner filed I.A. No.1725 of 2022 and it is coming for counter of respondent Nos.5 to 12 - defendants. Complaint dated 19.01.2023 was lodged by the 2 petitioner requesting the Station House Officer, Jilled Chowdarigudem to provide police protection.
4. 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: 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 3 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 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."
5. In view of the above, in the opinion of this Court, writ petition is not maintainable in any event petitioner is already invoked alternate remedy by filing application under Section 151 of the C.P.C. in I.A. No.1725 of 2022 seeking police protection. 4 Petitioner has not made out any extraordinary and compelling circumstances for approaching this Court even when final orders have not been passed in injunction application I.A. No.767 of 2022 and application in I.A. No.1725 of 2022 seeking police protection is pending.
6. Accordingly, the writ petition is disposed of directing the learned Principal Junior Civil Judge, Shadnagar to pass orders in I.A. No.767 of 2022 as expeditiously as possible within a period of one (1) month. Thereafter, by giving opportunity of hearing to respondents - defendants, order shall be passed in I.A. No.1725 of 2022 subject to result of I.A. No.767 of 2022 in O.S. No.303 of 2022. 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 March 23, 2023 LPD 5 65 THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.7958 OF 2023 23.03.2023 March 23, 2023 LPD