Andhra Pradesh High Court - Amravati
M.Narasamma vs The State Of Andhra Pradesh on 23 September, 2022
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
WRIT PETITION No.31244 of 2022
ORDER:-
This Writ Petition for mandamus is filed for declaration
that the action of respondents 3 and 4 - police officials in not
considering the petitioner's written requests, dated 22.11.2021
and 30.05.2022 for grant of police aid for implementing the
order of ad-interim injunction passed in I.A.No.239 of 2020 in
O.S.No.62 of 2020 on the file of the learned Junior Civil Judge,
Alur, Kurnool District, as illegal.
Heard learned counsel for the petitioner and learned
Assistant Government Pleader for Home.
The petitioner is the plaintiff in O.S.No.62 of 2020 filed on
the file of the learned Junior Civil Judge, Alur. She has also
filed an interlocutory application in I.A.No.239 of 2020 for grant
of ad-interim injunction. The trial Court, as per order, dated
04.11.2020, granted ex parte ad-interim injunction in favour of
the petitioner and against the respondents therein.
To implement the said order of ad-interim injunction, it
appears that the petitioner has approached the respondent -
police officials for grant of police aid. The grievance of the writ
petitioner is that the said written requests made for grant of
police aid to implement the said order of injunction, are not
being considered. Therefore, the petitioner is before this Court
by way of filing the instant Writ Petition seeking the aforesaid
relief.
Admittedly, the order that is sought to be implemented by
way of granting police aid is an ad-interim injunction order
passed ex parte by dispensing with the notice to the
respondents in the said interlocutory application. It was not an
order passed on merits after hearing the respondents therein.
Although it is stated that the said order of ad-interim injunction
is being extended from time to time and finally it was extended
until further orders, as per the settled law in this regard, police
aid cannot be granted for implementing the order of ad-interim
injunction. As per the settled law, police aid can be granted for
implementing the permanent injunction decree or a temporary
injunction order passed on merits after hearing both the parties.
The law in this regard is not res integra and the same has been
settled in the case of Rai Naramma v. State of Andhra
Pradesh1 wherein this Court held at para 7 as follows:
"It is now well settled law that only when there is a
decree for permanent injunction and only when there is an
order of temporary injunction in an interlocutory application
which is made absolute after hearing both the parties, then
only the Courts usually either the civil Court or the Writ Court,
would grant police aid for effective implementation of the said
permanent injunction decree or a temporary injunction order
which is passed on merits. But when the ex parte ad-interim
injunction is granted without hearing the respondents and
when the same is not made absolute granting a temporary
2021(1) ALT 426
injunction order, till the disposal of the suit, on merits, the
Courts will not usually order for grant of police aid for
implementation of the ex parte ad-interim injunction order.
Since it is not an order on merits after hearing both the
parties, the Courts would be very slow in granting police aid,
till the possession and rights of the parties are determined
after enquiry based on evidence."
Therefore, in view of the aforesaid ratio of law laid down
by this Court in the above judgment, this Writ Petition for grant
of police aid for implementation of ex parte ad-interim
injunction order is not maintainable.
Resultantly, the Writ Petition is dismissed as not
maintainable. No costs.
Miscellaneous petitions, if any pending, in the Writ
Petition, shall stand closed.
______________________________________________
JUSTICE CHEEKATI MANAVENDRANATH ROY
Date: 23.09.2022
AKN
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
WRIT PETITION No. 31244 of 2022
Date: 23-09-2022
AKN
