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Andhra Pradesh High Court - Amravati

Dontina Prasad Reddy vs The State Of Andhra Pradesh, on 30 June, 2022

Author: Cheekati Manavendranath Roy

Bench: Cheekati Manavendranath Roy

 THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

                 WRIT PETITION No.5026 of 2022

ORDER:

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This Writ Petition is filed for mandamus to declare the inaction on the part of respondent - police officials in providing protection to the petitioner relating to the crop raised by him in the land covered by R.S.No.90 of P. Rajavaram Village, West Godavari District, against respondents 6 and 7 as illegal and consequently sought direction to respondent - police officials to provide necessary protection to the petitioners against respondents 6 and 7.

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing for respondents 1 to 5.

As this Writ Petition is being disposed of on the ground of its maintainability, no notices are required to be issued to unofficial respondents 6 and 7. Therefore, notices to unofficial respondents 6 and 7 are dispensed with.

Essentially on the ground that an ex parte ad-interim injunction was passed in favour of the petitioner in I.A.No.3 of 2021 in O.S.No.2 of 2021 on the file of the Special Assistant Agent to the Government, Revenue Divisional Office, Jangareddigudem, dated 28.12.2021, against the unofficial respondents 6 and 7, the petitioner sought police aid in this Writ Petition for implementation of the said ad-interim injunction order passed in his favour and against unofficial respondents 6 and 7.

The law is well settled that the police protection for effective implementation of the order of injunction can be passed only for 2 CMR, J.

implementing the order of temporary injunction that was passed on merits after hearing both the parties and the permanent injunction decree that is passed by the competent civil Court. But, when an ad- interim injunction order which is passed ex parte and the inquiry in relation to the said temporary injunction petition is pending, Courts will not interfere for grant of any police aid to implement any such ad-interim injunction order.

This Court held in the case of Rai Naramma v. State of Andhra Pradesh1 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 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."

As the petitioner herein seeks to direct the police to provide police aid for implementing the ad-interim injunction order, this Writ Petition is not maintainable and no such direction can be given in the given facts and circumstances of the case. 1 2021(1) ALT 426 3 CMR, J.

Therefore, the Writ Petition is dismissed. However, if the ad- interim injunction order is made absolute after inquiry and after hearing both the parties and if any temporary injunction order is passed, and if still the unofficial respondents 6 and 7 disobey the said order and interfere with the possession of the property in respect of the said land, the petitioner is at liberty either to approach the trial Court or this Court for grant of police aid for effective implementation of any such temporary injunction order. No costs.

Miscellaneous petitions, if any pending, in the Writ Petition, shall stand closed.

_____________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date: 30.06.2022 AKN 4 CMR, J.

THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY WRIT PETITION No.5026 of 2022 Date: 30-06-2022 AKN