Andhra Pradesh High Court - Amravati
D Kumari vs The State Of Ap on 12 July, 2022
Author: Cheekati Manavendranath Roy
Bench: Cheekati Manavendranath Roy
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
WRIT PETITION No.20093 of 2022
ORDER:-
This Writ Petition for a Mandamus is filed to declare the action of the respondents 4 to 6 - police officials in not providing police protection to the petitioner to implement the ad interim injunction order dated 22.08.2019 passed in I.A.No.463 of 2019 in O.S.No.226 of 2019 on the file of the Additional Junior Civil Judge, Piler as illegal and consequently sought direction to the respondents 4 to 6 to provide necessary police protection to the petitioner.
2. Heard learned counsel for petitioner, learned Assistant Government Pleader for Home appearing for the respondents 1 to 5 and learned Assistant Government Pleader for Revenue appearing for respondent No.6. As this writ petition is being disposed of on the ground of maintainability, notices to unofficial respondents 7 and 8 are dispensed with.
3. It is well settled law that police aid can be granted either by this Court or by the trial Court only for effective implementation of a temporary injunction order which was passed on merits and the permanent injunction order that was passed by a civil Court. Police aid cannot be granted for implementing an ex parte ad interim injunction orders. 2
4. This Court in the case of Rai Naramma v. State of Andhra Pradesh1 at Para 7 held 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."
5. In the instant case, the order that is sought to be implemented for grant of police aid is an ad interim injunction order. Therefore, in view of the law laid down in the aforesaid judgment, this writ petition for grant of police aid for effective implementation of ad interim injunction order, is not maintainable.
6. Therefore, the Writ Petition is dismissed as not maintainable. However, if the said ad interim injunction is made 1 2021(1) ALT 426 3 absolute passing a temporary injunction in favour of the petitioner on merits after hearing both the parties and if the respondents therein still interfere with the possession of the petitioner in respect of the said land, the petitioner is at liberty to seek police aid for implementation of the order of temporary injunction either in the trial Court or before this Court. No costs.
Miscellaneous petitions, if any pending, in the Writ Petition, shall stand closed.
________________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date: 12.07.2022 KA