Seepathi Keshavulu vs The Commissioner Of Police And 7 ...
2022 Latest Caselaw 70 Tel

          THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER

                WRIT PETITION No.24154 of 2021

ORDER:

This writ petition is filed by the petitioner seeking a writ of

Mandamus declaring the inaction of the respondent Nos.1 and 2 in

providing necessary police aid to the petitioner to implement the

decree and judgment of the Court against the unofficial respondent

Nos.3 to 8 and their associates as arbitrary, illegal, and consequently

direct the respondent Nos.1 and 2 to take legal action against

unofficial respondent Nos.3 to 8 and their associates by providing

police aid to the petitioner.

2. Heard. Perused the record.

3. Learned counsel for the petitioner would submit that the

petitioner is the absolute owner and possessor of the plot bearing

Nos.15, 17 & 18 in Sy.No.474 and 476, Garmella Village, Mancherial,

having purchased the same under registered sale deeds. In the year

2008, when some of the unofficial respondents herein tried to

interfere with the possession of the petitioner over the subject

property, the petitioner filed a suit for perpetual injunction vide

O.S.No.692 of 2008 on the file of Principal Junior Civil Judge,

Mancherial, and obtained a judgment and decree, dated 06.08.2014,

in his favour restraining them from interfering with the peaceful

possession and enjoyment of the petitioner over the subject property.

Aggrieved by the same, one of the defendants in the said suit filed an

appeal in A.S.No.24 of 2017 on the file of II Additional District Judge

(FTC) Mancherial, which was dismissed vide order, dated 07.03.2018.

In spite of subsistence of the injunction order, when the unofficial

respondents again tried to interfere with the possession of the

petitioner over the subject property, the petitioner filed a requisition,

dated 08.09.2021, with respondent No.2/SHO, Mancherial Police

Station, seeking to grant police aid to implement the order of the

Court, but however, no action has been taken by respondent No.2 on

the said requisition and ultimately prayed to allow the writ petition as

prayed for.

4. Respondent No.2 filed counter and contended that by virtue of

the interim order, dated 05.11.2021, passed by this Court in this writ

petition and pursuant to the complaint lodged by the petitioner, a

General Diary entry has been made, and the enquiry revealed that

the dispute between the petitioner and the unofficial respondents is

civil in nature. It is also brought to the notice of this Court by the

learned Assistant Government Pleader for Home that vide Memo,

dated 11.11.2021, the petitioner was intimated that the dispute

between him and the unofficial respondents is civil in nature.

Further, the petitioner, without filing execution petition for execution

of decree for permanent injunction passed in his favour, straight

away filed this writ petition, which is not permissible. Further, he can

approach the criminal Court if at all he is aggrieved by the memo,

dated 11.11.2021, issued by respondent No.2, and ultimately prayed

to dismiss the writ petition.

5. Admittedly, the petitioner has an effective remedy for execution

of the permanent decree granted in his favour in the aforementioned

suit under Order XXI Rule 32 of the Civil Procedure Code, which sets

out method by which such decree can be executed. Instead of filing

execution petition as observed above, the petitioner straight away

approached this Court by way of this writ petition. Since an

alternative and efficacious remedy is available to the petitioner as

indicated above, it is not proper to entertain this writ petition.

Further, a perusal of the complaint, dated 08.09.2021, does not

reveal commission of any cognizable offences by the unofficial

respondents. Even if the allegations in the said complaint constitute

cognizable offence/s, the petitioner is entitled to approach the

competent criminal Court seeking appropriate relief. Further, if the

petitioner is aggrieved by the Memo, dated 11.11.2021, issued by the

police concerned, he is entitled to approach competent criminal Court

and seek appropriate relief.

6. With the above observations, this writ petition is disposed of.

There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this writ petition,

shall stand closed.

____________________ Dr. SHAMEEM AKTHER, J 06th January, 2022 Bvv