B. Chinnappa Reddy vs The State Of Andhra Pradesh
2022 Latest Caselaw 3886 AP

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                                                                          CMR, J.
                                                              W.P.No.14025 of 2022




THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

                    Writ Petition No.14025 of 2022

ORDER:

This Writ Petition for a mandamus is filed to declare the

action of respondents 2 and 3 police officials in not providing

police aid to the petitioners for effective implementation of the

judgment and decree, dated 27.11.2017, in O.S.No.448 of 2011

on the file of the Additional Senior Civil Judge, Anantapuramu,

as illegal and consequently, sought direction to the respondents

2 and 3 to provide police aid to the petitioners to implement the

aforesaid judgment and decree.

2. The petitioners 1 and 2 are the plaintiffs in O.S.No.448 of

2011 on the file of the Additional Senior Civil Judge,

Anantapuramu. They have filed the said Suit against the 4 th

respondent herein and others. The 4th respondent herein is the

4th defendant in the said Suit. The said Suit was filed for

declaration of title of petitioners 1 and 2 herein in respect of the

property which is the subject matter of the said Suit and for

cancellation of sale deed and for permanent injunction

restraining the defendants therein, including the 4th respondent

herein, from interfering with the possession of the petitioners in

respect of the land in question. The said Suit was decreed as

prayed for granting the aforesaid reliefs as per the judgment and

decree dated 27.11.2017. Appeal preferred thereagainst by the

4th respondent herein, who the 4th defendant in the said Suit, in

A.S.No.75 of 2017 on the file of the I Additional District Judge,

CMR, J.

W.P.No.14025 of 2022

Anantapuramu, was also dismissed confirming the said

judgment and decree, on 12.07.2019.

3. Now, it is the grievance of the writ petitioners that inspite

of passing a decree for permanent injunction against the 4 th

respondent herein that he has been interfering with the

possession of the petitioners in respect of the said property

which is the subject matter of O.S.No.448 of 2011 on the file of

the Additional Senior Civil Judge, Anantapuramu. Inspite of the

written request made by the petitioners to the respondent police

officials to provide police aid for effective implementation of the

said decree and judgment of permanent injunction that they are

not providing any police aid to the petitioners. Therefore, the

petitioners are before this Court by way of filing this Writ

Petition seeking the aforesaid reliefs.

4. Heard learned counsel for the petitioners and learned

Assistant Government Pleader for Home appearing for

respondents 1 to 3. Despite service of notice on 4th respondent,

none appeared on his behalf.

5. Learned Assistant Government Pleader for Home would

submit that as it is a civil dispute pertaining to a civil Suit that

the police will provide police aid to the petitioners if the

competent civil Court directs the police to provide police aid.

6. As can be seen from the copy of the judgment and decree,

dated 27.11.2017, in O.S.No.448 of 2011 on the file of the

Additional Senior Civil Judge, Anantapuramu, a decree for

CMR, J.

W.P.No.14025 of 2022

declaration of title of the petitioners 1 and 2 in respect of the

property in question, was passed along with a decree for

permanent injunction in their favour and against the 4 th

respondent herein, who is the 4th defendant in the said Suit. As

it is now stated that the 4th respondent has been still interfering

with the possession of the petitioners in respect of the said land,

inspite of passing a decree for permanent injunction against

him, in respect of the said property, the petitioners are entitled

to police aid for effective implementation of the said permanent

injunction decree passed in their favour which in turn was

confirmed in the appeal that was preferred by the 4th respondent

herein.

7. Therefore, the Writ Petition is allowed directing the

respondents 2 and 3 police officials to provide adequate police

aid to the petitioners for effective implementation of the decree of

permanent injunction passed in favour of the petitioners 1 and 2

and against the 4th respondent herein and others, in O.S.No.448

of 2011 on the file of the Additional Senior Civil Judge,

Anantapuramu, which in turn was confirmed in A.S.No.75 of

2017 on the file of the I Additional District Judge,

Anantapuramu. No costs.

Consequently, miscellaneous applications, pending if any,

shall also stand closed.

________________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date:11.07.2022.

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