Allahabad High Court
Alinda Chandra vs A.D.J.-I (Small Causes),Dist. & ... on 5 December, 2019
Author: Vivek Chaudhary
Bench: Vivek Chaudhary
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 19 Case :- MISC. SINGLE No. - 31167 of 2019 Petitioner :- Alinda Chandra Respondent :- A.D.J.-I (Small Causes),Dist. & Session Court,Lko. And Ors. Counsel for Petitioner :- Ashok Kumar Singh,Mahima Pahwa Counsel for Respondent :- C.S.C. Hon'ble Vivek Chaudhary,J.
This writ petition is filed by the petitioner claiming that he has a decree dated 18.12.2013 in JSCC P.A. Case No.3 of 2007 with regard to eviction of opposite party No.7. The decree was never challenged. Therefore, the petitioner filed P.A. Execution Case No.11 of 2014 (Alinda Chandra. Vs. R.P. Srivastava). In the said case, learned First Additional JSCC Court/Court No.18, Lucknow passed detailed orders issuing a writ of possession and also direct the police of concerned police station to assist the executing Officer. In furtherance thereto, though, O.P. No.5, Station Incharge, PS Wazeerganj, district Lucknow and O.P. No.6, Sub-Inspector PW Wazeerganj, district Lucknow went with the executing Officer but instead of assisting the officer, on objection being raised by third party, without taking any action came back and thereafter, lodged FIR on 13.11.2018. Thereafter, the Execution Court passed an order on 29.5.2019 calling for an explanation from the concerned Officer. It appears that no explanation was given. Therefore, on 22.7.2019, the Incharge of police station was called in person fixing 30.7.2019 on which date, it appears that he did not appear. It appears that the concerned Court is vacant since then and execution proceedings are pending.
Thus, the petitioner moved an application before the District Judge, Lucknow for transferring execution to some Court but no orders are being passed.
This appears to be a serious matter where police authorities instead of assisting the Court, have taken a novice method, unheard in law, of filing FIR against persons who are coming in way of law. The police authorities are not expected to lodge FIR when obstruction to the execution of Court's order is committed, but to take strict action against the erring persons. It was duty of concerned police officers to get the decree of the Court executed. However, they appear to have miserably failed to do. I do not see any reason as to how an FIR could be lodged by police in such circumstances. Without going further in the matter and looking to the seriousness of the matter, I find it appropriate that the District Judge, Lucknow should proceed with this case.
Therefore, P.A. Execution Case No.11 of 2014 (Alinda Chandra. Vs. R.P. Srivastava) is transferred to the Court of District Judge, Lucknow, who shall proceed with the execution proceedings on day to day basis. If required, the District Judge, Lucknow shall direct the S.S.P., Lucknow to assist in the matter and the S.S.P., Lucknow shall ensure the compliance thereof.
With the aforesaid, the writ petition is disposed of.
Order Date :- 5.12.2019 Rajneesh JR-PS) (Vivek Chaudhary, J.)