Smt. Meenakshi vs Abdul Hameed And Ors
2022 Latest Caselaw 8045 Kant

                         1          W.P.No.200916/2022


          IN THE HIGH COURT OF KARNATAKA
                 KALABURAGI BENCH

       DATED THIS THE 2ND DAY OF JUNE, 2022

                      BEFORE

  THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY

 WRIT PETITION No.200916/2022 (GM-POLICE)

BETWEEN

SMT. MEENAKSHI
D/O NATHENIAL RAJ,
AGE. 54 YEARS,
OCC. AGRICULTURE AND TEACHER
R/O MANGALPET BIDAR
THROUGH SPA SHRI SHASHIKUMAR
S/O SHAM RAO PATIL, AGE. 50 YEARS
OCC. AGRICULTURE, R/O CHAWALI,
TQ. AND DIST. BIDAR.
                                          ...PETITIONER

(BY SRI KULKARNI UPENDRAKUMAR RANGARAO, ADVOCATE)

AND

1 . ABDUL HAMEED
S/O OSMANSAB, AGE. 49 YEARS,
OCC. AGRICULTURE, R/O VILLAGE,
ALIABAD, TQ. AND DIST. BIDAR.

2 . MANNAN S/O ABDUL KHADEER,
AGE. 50 YEARS,
OCC. AGRICULTURE, R/O NAUBAD,
BIDAR. TQ. AND DIST. BIDAR.
                              2       W.P.No.200916/2022


3 . THE SUPERINTENDENT OF POLICE
BIDAR DISTRICT, BIDAR,
MANGALPET ROAD, PAKALWADA,
BIDAR-585401.

4 . THE CIRLCE INSPECTOR
NEW TOWN, BIDAR,
DIST. BIDAR-585401.

5 . THE POLICE SUB-INSPECTOR
NEW TOWN, BIDAR,
DIST. BIDAR-585401.

6 . THE CITY MUNCIPAL COUNCIL
BIDAR, DIST. BIDAR-585401.
REPRESENTED BY CHIEF OFFICER
                                          ...RESPONDENTS

(BY SRI BHOJEGOUDA T. KOLLER, AGA FOR R3 TO R5)

    THIS WRIT PETITION FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A
WRIT OF MANDAMUS OR ANY OTHER ORDER IN THE LIKE
NATURE, DIRECTING THE RESPONDENTS POLICE TO
PROVIDE POLICE PROTECTION AS PER THE ORDER DATED
2.3.2019 (ANNEXURE - C) IN THE INTEREST OF JUSTICE
AND EQUITY ETC.

     THIS PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

                       ORDER

The petitioner has filed the instant writ petition

seeking for the following reliefs:

"1. Issue a writ of mandamus or any other order in the like nature, directing the respondents police to provide police protection as per the order dated 02.03.2019 (Annexure-C) in the interest of justice and equity.

2. Or to pass any other order as this Court deems fit under the facts and circumstances of the case, in the interest of justice and equity."

2. It is the case of the petitioner that she had

filed O.S.No.86/2016 against the respondents herein

seeking the relief of declaration of ownership and also

for a perpetual injunction and the said suit was decreed

in favour of the petitioner and thereafterwards, she had

filed an execution petition before the Trial Court in

E.P.No.2/2019, wherein, she had made an application

seeking police protection as the judgment debtor Nos.1

and 2 were interfering with her peaceful possession and

enjoyment over the suit schedule property. The said

application was allowed by the executing Court vide

order dated 26.02.2019 and thereafterwards, a

communication dated 02.03.2019 has been issued by

the executing Court to the Police Sub Inspector, New

Town Police Station, Bidar to provide police protection to

the petitioner as against the judgment debtors who were

interfering with her peaceful possession and enjoyment

over the suit schedule property. The grievance of the

petitioner is that in spite of such direction, the police are

not giving protection to her.

3. Learned Additional Government Advocate on

instruction submit that the police are ready and willing

to give protection to the petitioner in compliance of the

order passed by the executing Court and the order has

been passed in the year 2019 and after lapse of three

years, the petitioner has now approached this Court.

4. I have carefully considered the argument

advanced by the learned counsel for the parties and also

perused the material on record.

5. The undisputed facts of the case are that the

petitioner has obtained a decree for declaration of title

and also for perpetual injunction as against respondent

Nos.1 and 2 herein and on the ground that they have

been interfering with her peaceful possession over the

suit schedule property, she has filed an execution

petition before the Trial Court, in which, the executing

Court had directed the jurisdictional police to give

protection to her. It is needless to state that the police

are bound to consider the direction given by the

executing Court. The learned Additional Government

Advocate has assured this Court that necessary action

would be taken to give police protection to the petitioner

in pursuance of the direction passed by the executing

Court.

6. In view of the said assurance given by the

learned Additional Government Advocate, the writ

petition is dismissed of with an observation that in the

event of police failing to give protection as per the

direction of the executing Court, it is always open for the

petitioner to approach the executing Court in

E.P.No.2/2019 and seek appropriate orders in the said

proceedings.

Accordingly, the writ petition stands disposed of.

Sd/-

JUDGE

Srt