Telangana High Court
Kodali Sajini vs State Of Telangana on 9 March, 2023
Bench: B.Vijaysen Reddy
HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.1647 OF 2023
ORDER : (ORAL)
The writ petition is filed seeking to declare action of
respondent Nos.2 to 4 in not providing police protection to the life
and property of the petitioner i.e., different extents of land bearing
Sy. Nos.278 and 279, total admeasuring Ac.8.03 guntas situated at
Maheswaram Village and Mandal, Ranga Reddy District to secure
compliance of ad-interim injunction order dated 04.01.2023 passed
in I.A. No.16 of 2023 in O.S. No.2 of 2023 by the learned Junior
Civil Judge - cum - XVII Additional Metropolitan Magistrate, at
Maheshwaram, Ranga Reddy District on the representation of the
petitioner dated 12.01.2023, as illegal and arbitrary.
2. Heard Sri Mohd. Moin Ahmed Quadri, and the
learned Assistant Government Pleader for Home and perused the
material available on record.
3. Learned Assistant Government Pleader for Home
submitted that in view of judgment of the Division Bench of this
Court dated 13.02.2023 in W.A. No.187 of 2023, the Writ petition
is liable to be dismissed. In paragraph Nos.14 to 17 following
observations are made by the learned Division Bench.
"14. Rule 2A of Order XXXIX of CPC reads as under:
2A. Consequence of disobedience or breach of injunction.
(1) In the case of disobedience of any injunction granted or other order made under rule
1 or rule 2 or breach of any of the terms on which the injunction was granted or the
order made, the Court granting the injunction or making the order, or any Court to
which the suit or proceeding is transferred, may order the property of the person guilty
of such disobedience or breach to be attached, and may also order such person to be
detained in the civil prison for a term not exceeding three months, unless in the
meantime the Court directs his release.
(2) No attachment made under this rule shall remain in force for more than one year,
at the end of which time if the disobedience or breach continues, the property attached
may be sold and out of the proceeds, the Court may award such compensation as it
thinks fit to the injured party and shall pay the balance, if any, to the party entitled
thereto.
15. From the above, it is evident that if there is any disobedience to an
order of injunction made under Rule 1 or Rule 2 of Order XXXIX CPC or
breach of any of the terms on which the injunction was granted or the order
made, the Court granting injunction or any court to which the suit or proceeding
is transferred may order the property of the person guilty of such disobedience or
breach to be attached and may also order such person to be detained in civil
prison for a term not exceeding three months unless in the meantime, the Court
directs his release. Therefore, Rule 2A of Order XXXIX CPC provides for
an adequate and efficacious remedy to a person who is aggrieved by disobedience
to or breach of an injunction order granted in his favour.
16. That being so, we are of the view that petitions filed under Article
226 of the Constitution of India seeking police aid to enforce or implement an
order of injunction or to restrain persons from interfering with the order of
injunction should not be ordinarily entertained unless an element of injury to the
public or infraction of statute is made out. Otherwise, it would amount to
entering into an arena of private dispute(s).
17. Accordingly, granting liberty to the appellants to avail their remedy
under Order XXXIX Rule 2A CPC, the writ appeal is dismissed."
4. In view of the same, this Court is not inclined to
entertain this writ petition.
5. Accordingly, the writ petition is dismissed. However,
petitioner is given liberty to invoke remedy under Order XXXIX
Rule 2A of the C.P.C. or Section 151 of the C.P.C. or
implementation of the injunction order or granting police aid.
There shall be no order as to costs.
As a sequel thereto, miscellaneous applications, if any,
pending in this writ petition shall stand closed.
________________________
B. VIJAYSEN REDDY, J
March 09, 2023
LPD
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.1647 OF 2023
09.03.2023
March 09, 2023
LPD
