Andhra Pradesh High Court - Amravati
Velagaleti Krishna Raju vs The State Of Andhra Pradesh on 13 September, 2022
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
WRIT PETITION No.26079 of 2022
ORDER:-
This Writ Petition for mandamus is filed seeking direction
to respondent Nos.2 to 5 to provide police aid to the petitioner
for effective implementation of the judgment and decree passed
in O.S.No.486 of 2022 dated 02.05.2022 on the file of the
learned Principal Junior Civil Judge, Nandigama for permanent
injunction against the 6th respondent.
Heard learned counsel for the petitioner and learned
Assistant Government Pleader for Home appearing for
respondents 1 to 5/police officials.
Despite service of notice on the unofficial respondent/R6,
none appeared on behalf of the 6th respondent.
The petitioner is the plaintiff in O.S.No.486 of 2022 on the
file of the Principal Junior Civil Judge, Nandigama. He has filed
the said suit against respondent No.6 for permanent injunction
restraining him, his men, agents, representatives and associates
etc., from dispossessing the petitioner from the plaint schedule
property of the said suit and from interfering with his peaceful
possession and enjoyment in respect of the said property. The
said suit was decreed in favour of the petitioner granting
permanent injunction against the 6th respondent herein as per
the judgment and decree dated 02.05.2022. It is stated by the
learned counsel for the petitioner that no appeal was preferred
against the said judgment and decree by the 6th respondent and
that the said judgment and decree became final. The said fact
is not contravened by the 6th respondent who did not contest
this Writ Petition.
It is now well settled law that when a decree for
permanent injunction was passed that the plaintiff in the said
suit is entitled for police aid for effective implementation of the
said judgment and decree either by way of direction given to the
police to that effect by the Civil Court which passed the decree
or by this Court in exercise of its jurisdiction under Article 226
of the Constitution of India.
This Court, in the common order passed in W.P.No.15603
of 2020 and batch, while relying on the judgment rendered on
the said issue, also clearly held that police aid can be given to
the plaintiff in a suit for permanent injunction for effective
implementation of the said decree.
Learned Assistant Government Pleader for Home, while
admitting the fact that the aforesaid permanent injunction
decree was passed in favour of the petitioner herein and against
the 6th respondent, would submit that usually as the dispute is
arising out of Civil Suit that the police will not interfere in the
said dispute and grant any police aid unless the Civil Court
which passed decree or this Court directs to provide police aid.
Therefore, he would submit that if this Court directs the
respondents/police officials to provide police aid to the
petitioner for effective implementation of said judgment and
decree that they would provide police aid to the petitioner.
Therefore, in the facts and circumstances of the case, the
Writ Petition is allowed directing the respondents/police officials
to provide adequate police aid for effective implementation of the
judgment and decree passed in O.S.No.486 of 2022 dated
02.05.2022 on the file of the learned Principal Junior Civil
Judge, Nandigama, to the petitioner. No costs.
Miscellaneous petitions, if any pending, in the Writ
Petition, shall stand closed.
______________________________________________
JUSTICE CHEEKATI MANAVENDRANATH ROY
Date: 13.09.2022
KLPD
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
WRIT PETITION No. 26079 of 2022
Date: 13-09-2022
KLPD
