Andhra Pradesh High Court - Amravati
Surla Satish Kumar Sunny Babu vs The State Of Andhra Pradesh on 4 October, 2021
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
WRIT PETITION No.15387 OF 2021
ORDER:-
This writ petition under Article 226 of the Constitution of
India, has been filed seeking writ of mandamus, declaring the
inaction of the respondents 3 and 4-Inspector of Police,
Sabbavaram Police Station and Station House Officer of
Sabbavaram Police Station, in providing police protection to the
petitioners for effective implementation of the Judgment and
decree passed in O.S.No.85 of 2012 on the file of learned
Principal Senior Civil Judge, Anakapalle, which was passed in
their favour and against respondents 5 to 9 herein and others,
as illegal and unconstitutional and consequently sought
direction to the respondents 2 to 4 to provide police protection
to the petitioners against respondents 5 to 9.
2. Heard learned counsel for the petitioners and learned
Assistant Government Pleader for Home.
3. The petitioners have filed a suit in O.S.No.85 of 2012 on
the file of learned Principal Senior Civil Judge, Anakapalle,
against the respondents 5 to 9 and three others. The said suit
was filed for a decree of permanent injunction restraining the
defendants 1 to 8 therein from making any constructions in the
suit schedule property or to change the physical features of the
said property, till the finalization of final decree proceedings in
O.S.No.90 of 1990 on the file of learned Senior Civil Judge's
Court, Anakapalle. The said suit was decreed in favour of the
petitioners herein as per the Judgment and decree dated
30.12.2019. As per the said decree, the defendants 2 to 8
therein, who are restrained by way of permanent injunction
from making any constructions in the suit schedule property or
from changing the physical features of the said property, till
finalization of final decree proceedings in O.S.No.90 of 1990 on
the file of learned Senior Civil Judge's Court, Anakapalle and till
the respective shares were delivered to the parties through the
Court in the said suit.
4. Now the grievance of the writ petitioners is that despite
passing of the said permanent injunction decree restraining the
respondents 5 to 9 herein and other defendants in the said suit
from making any constructions in the said property, that in
utter violation of the said decree, that they are making efforts to
make construct in the said property. It is stated that even
though the petitioners have approached the police i.e.
respondents 3 and 4 with representation to take action against
the said persons, who are making an attempt to construct
building in the said property in violation of the Court's decree,
that the police officials are not taking any action to implement
the decree of Court and to prevent them from making any
constructions of building in the said property. Therefore, they
are before this Court by way of this writ petition seeking police
aid for effective implementation of the said Judgment and
decree.
5. Despite service of notices, none appeared for respondents
5 to 9.
6. Learned Assistant Government Pleader for Home on
instructions would submit that the 7th respondent herein has
filed W.P.No.9391 of 2021 before this Court and obtained a
direction against the respondent-police officials not to interfere
with the construction activity of the 7th respondent in the said
writ petition and thereafter the petitioners herein have filed a
complaint in Spandana Programme before the Superintendent of
Police and during the course of enquiry of the said complaint,
that the 7th respondent urged before the police officials that she
obtained an order from this Court directing the police officials
not to interfere with the construction activity. Therefore,
learned Assistant Government Pleader for Home would submit
that in view of the said order passed by this Court in favour of
the 7th respondent, that police could not provide any police aid
to the petitioners as requested by them.
7. As already noticed supra, despite service of notices, the
unofficial respondents did not turn up for hearing in this writ
petition. Even the 7th respondent, who allegedly obtained order
from this Court against the police officials not to interfere with the
construction activity, did not contest this writ petition. Therefore,
it is obvious that suppressing the fact that there is a civil Court
decree against the 7th respondent and other respondents not to
make any constructions in the property in question, till the shares
are delivered, in a partition suit, that was pending in the Court,
that the 7th respondent has obtained order from this Court against
the police officials. Since there is a decree of civil Court, by way of
permanent injunction passed against the respondents 5 to 9
herein and other defendants, whereby they were restrained from
making any such construction in the property in question, till their
shares are delivered in the partition suit that is pending, the
respondents herein are bound by the said decree and they cannot
make any construction in the property in question in violation of
the decree direction and contrary to the said permanent injunction
decree that was passed by a competent civil Court in O.S.No.85 of
2012 on the file of learned Principal Senior Civil Judge,
Anakapalle.
8. It is settled law that when there is a permanent injunction
decree passed by a competent civil Court and when the defendants
therein are making efforts to violate the said permanent injunction
decree of civil Court, the plaintiffs in whose favour the said decree
was passed, are entitled for police aid for effective implementation
of said permanent injunction decree passed by the civil Court and
to prevent the defendants, who suffered the said decree from
violating the said decree. Granting of police aid in the said facts
and circumstances of the case is also essential to see that the
petitioners being the plaintiffs in the said suit enjoy the fruits of
the said decree.
9. Therefore, in the said facts and circumstances of the case,
this Writ Petition is allowed and respondents 3 and 4 are hereby
directed to provide police aid to the petitioners for effective
implementation of the permanent injunction decree in O.S.No.85 of
2012 on the file of learned Principal Senior Civil Judge,
Anakapalle, passed in their favour and against the unofficial
respondents 5 to 9 herein and others, to prevent the respondents 5
to 9 from making any constructions in the said property in
violation of the said civil Court decree. There shall be no order as
to costs.
Miscellaneous Petitions, if any pending, in this Writ Petition,
shall stand closed.
_____________________________________________
JUSTICE CHEEKATI MANAVENDRANATH ROY
Date : 04-10-2021
ARR
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
WRIT PETITION No.15387 OF 2021
Date : 04-10-2021
ARR
