Andhra Pradesh High Court - Amravati
S Hydervali vs The State Of Ap on 6 October, 2021
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
Writ Petition No.3392 of 2019
ORDER:
This Writ Petition under Article 226 of the Constitution of
India has been filed seeking mandamus declaring the action of
the 3rd respondent in not providing police protection to
implement the judgment and decree passed in O.S.No.239 of
2012 on the file of the Additional Junior Civil Judge's Court,
Penukonda, Anantapuramu District, as illegal and
unconstitutional and consequently, sought a direction to the
respondents 1 to 4 to provide necessary police aid to the
petitioner for effective implementation of the aforesaid judgment
and decree.
2. Heard learned counsel for the petitioner and learned
Assistant Government Pleader for Home for official respondents
1 to 4.
3. Despite service of notice on 5th respondent, none appeared
for the 5th respondent.
4. The petitioner is the plaintiff in O.S.No.239 of 2012 on the
file of the Additional Junior Civil Judge's Court, Penukonda,
Anantapuramu District. The said Suit was filed for permanent
injunction restraining the 5th respondent herein, who is the
defendant therein, from interfering with the possession and
enjoyment of the writ petitioner in respect of the plaint schedule
property, which is in an extent of Ac.1.54 cents covered by
Survey No.287-3A; Ac.2.91 cents covered by Survey No.287-3B;
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W.P.No.3392 of 2019
Ac.2.38 cents covered by Survey No.287-4A1 and Ac.0.39 cents
covered by Survey No.287-4A2 of Gorantla village,
Anantapuramu District. The said Suit was decreed in favour of
the petitioner restraining the 5th respondent herein from
interfering with the possession and enjoyment of the writ
petitioner in respect of the aforesaid property. The said Suit was
decreed on 31.10.2018.
5. Now, it is the grievance of the writ petitioner that despite
passing of the aforesaid permanent injunction decree restraining
the 5th respondent from interfering with the possession and
enjoyment of the writ petitioner in respect of the said property,
he has been interfering with the possession and enjoyment of
the writ petitioner in respect of the aforesaid property in
violation of the aforesaid judgment and decree passed by the
competent civil Court. It is the further grievance of the writ
petitioner that when he approached the respondent police
officials to provide police aid for effective implementation of the
said judgment and decree that the respondent police officials are
not providing any such police aid.
6. As can be seen from the copy of the judgment and decree
passed in O.S.No.239 of 2012 on the file of the Additional Junior
Civil Judge's Court, Penukonda, Anantapuramu District, dated
31.10.2018, it is evident that a permanent injunction decree was
passed in favour of the writ petitioner and against the 5 th
respondent herein restraining the 5th respondent from
CMR, J.
W.P.No.3392 of 2019
interfering with the possession and enjoyment of the writ
petitioner in respect of the aforesaid schedule property.
7. It is now well settled law that when there has been a
permanent injunction decree passed by a competent civil Court
in favour of a party or a temporary injunction order passed on
merits in favour of the party, that the said person is entitled for
grant of police aid for effective implementation of the said
permanent injunction decree or the temporary injunction order
passed on merits. The 5th respondent did not contest this Writ
Petition despite service of notice on him. Therefore, the 5 th
respondent could not justify his acts of interfering with the
possession and enjoyment of the said property by the writ
petitioner in spite of passing of said permanent injunction
decree against him.
8. Learned Assistant Government Pleader for Home would
submit that the representation, a copy of which is now
produced, seeking police aid relates to the year 2018 which is
dated 25.12.2018 and as no such representation is now filed
seeking police aid that the police could not provide any such
police aid.
9. Therefore, in the said facts and circumstances of the case,
the Writ Petition is allowed with a direction to the petitioner
herein to submit a fresh representation to the 4th respondent
Station House Officer, Gorantla Police Station, Anantapuramu
District, seeking police aid and in the event of submitting any
such representation by him, the respondent police officials shall
CMR, J.
W.P.No.3392 of 2019
provide adequate police aid to the petitioner for effective
implementation of the aforesaid permanent injunction decree
passed in O.S.No.239 of 2012 on the file of the Additional Junior
Civil Judge's Court, Penukonda, Anantapuramu District. No
costs.
Miscellaneous Petitions, if any pending, in this Writ
Petition, shall stand closed.
________________________________________________
JUSTICE CHEEKATI MANAVENDRANATH ROY
Date: 06-10-2021.
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