Andhra Pradesh High Court - Amravati
Barre Vijaya Lakshmi vs The State Of Andhra Pradesh on 18 July, 2022
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
WRIT PETITION No.6175 of 2022
ORDER:-
This Writ Petition for mandamus is filed to declare the action
of respondents - police officials in not providing police aid to the
petitioner for effective implementation of the judgment and decree
passed by the civil Court, as illegal and consequently sought
direction to respondents 2 to 4 to provide police aid to the
petitioner against the unofficial respondents 5 to 10 as per the
representation submitted on 19.01.2021.
Heard learned counsel for the petitioner and learned
Assistant Government Pleader for Home appearing for respondents
1 to 4 and learned counsel for the unofficial respondents 5 to 7
and 9. None appeared for respondents 8 and 10.
The petitioner is the plaintiff in the suit in O.S.No.54 of 2009
on the file of the learned Principal Junior Civil Judge, Palakol. She
has filed the said suit against the unofficial respondents 5 to 10 for
decree of permanent injunction restraining them and their men
from interfering with the possession and enjoyment of the
petitioner in respect of the plaint schedule property of the said
suit. The said suit was decreed on 02.01.2019 granting permanent
injunction decree in favour of the petitioner in respect of the plaint
schedule property restraining the unofficial respondents herein
from interfering with her possession and enjoyment of the
property.
Now, the grievance of the writ petitioner is that despite
passing of the said permanent injunction decree, the unofficial
respondents 5 to 10 are still interfering with the possession and
enjoyment of the said property and as such she has submitted a
representation, dated 19.01.2021, with the respondents - police
officials seeking police aid and they are not providing the said
police aid.
Learned Assistant Government Pleader for Home, on
instructions, would submit that as it is a civil dispute relating to a
decree passed by the civil Court that the police will normally not
interfere in the civil dispute unless the Court directs to provide
police aid. He would submit that if the trial Court or this Court
directs the police to provide police aid that they will provide the
same to the petitioner.
Learned counsel for the unofficial respondents would submit
that the petitioner is seeking to grant police aid to implement the
decree in respect of the land in an extent of 65 cents and the
decree was passed only for 6 cents out of the said 65 cents and as
such the petitioner is not entitled for police aid in respect of 65
cents.
As can be seen from the copy of the decree which is now
produced by the learned counsel for the unofficial respondents,
along with counter, the decree was passed only for 6 cents out of
65 cents. The said 6 cents of land is clearly shown in the
boundaries given in the said schedule. Therefore, the petitioner
cannot seek police aid in respect of entire 65 cents of land. She is
only entitled for police aid to implement the said permanent
injunction decree in respect of only 6 cents out of 65 cents, which
is the plaint schedule property in the said suit.
It is well settled law that when a permanent injunction
decree is passed, the Court can grant police aid for effective
implementation of the said injunction decree passed by the
competent civil Court.
Therefore, the Writ Petition is disposed of with a direction to
the respondents 3 and 4 - police officials to provide police
protection/aid to the petitioner for effective implementation of the
permanent injunction decree, dated 02.01.2019, passed in
O.S.No.54 of 2009 on the file of the learned Principal Junior Civil
Judge, Palakol, only in respect of 6 cents which is clearly shown in
the plaint schedule of the said suit. No costs.
Miscellaneous petitions, if any pending, in the Writ Petition,
shall stand closed.
_____________________________________________
JUSTICE CHEEKATI MANAVENDRANATH ROY
Date: 18.07.2022
AKN
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
WRIT PETITION No. 6175 of 2022
Date: 18-07-2022
AKN
