Andhra Pradesh High Court - Amravati
Ramireddy Eswaramma vs State Of Andhra Pradesh on 27 September, 2022
Author: Cheekati Manavendranath Roy
Bench: Cheekati Manavendranath Roy
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
WRIT PETITION No.22104 of 2022
ORDER:-
This Writ Petition is filed seeking direction to the respondent - police officials to provide police aid to the petitioners to protect them from the attacks being made by the unofficial respondents against them.
Heard learned counsel for the petitioners and learned Assistant Government Pleader for Home appearing for respondents 1 to 3.
The facts set out in the Writ Petition as pleaded clearly go to show that there is a dispute between the petitioners and the unofficial respondents in respect of three cents of site covered by Sy.No.1790/2 of Chennampalli village fields of Badvel Mandal. The petitioners have also filed a suit in O.S.No.85 of 2022 on the file of the learned Junior Civil Judge, Badvel, against the unofficial respondents for permanent injunction. They also filed an Interlocutory Application in I.A.No.305 of 2022 in the said suit and sought ad-interim injunction order. Accordingly, the civil Court has passed ex parte ad-interim injunction order in favour of the petitioners and against the unofficial respondents restraining the respondents from interfering with the possession of the petitioners in respect of 2 the said land which is shown as A, B and C in the schedule appended to the plaint.
The grievance of the writ petitioners is that in spite of granting the said ad-interim injunction order that the unofficial respondents are still visiting the land and threatening the petitioners to vacate the land and deliver possession of the same to them and that they also many times attacked the petitioners physically and beat them. Therefore, it is stated that they have approached the respondent - police officials seeking police aid to protect their lives from the onslaught being made by the unofficial respondents. Alleging that the respondent - police officials are not providing any police aid, the petitioners are before this Court by way of filing this instant Writ Petition seeking grant of police aid, as sought for.
Learned Assistant Government Pleader for Home, on written instructions, would submit that the dispute between the petitioners and the unofficial respondents is a civil dispute pertaining to a land issue and a suit is also pending in the civil Court between them and as such the police did not interfere in the said civil dispute.
Learned counsel for the petitioners would submit that when the unofficial respondents physically attacked the petitioners that they complained against them to the police and 3 the police did not initiate any action against them. Learned Assistant Government Pleader for Home would submit that the petitioners did not lodge any report with the police stating that the unofficial respondents physically attacked them and beat them. The petitioners also did not produce any proof to show that they lodged any report with the police alleging that they were attacked physically by the unofficial respondents. In the Writ Petition also, it is nowhere pleaded by the petitioners that they lodged report with the police complaining that the unofficial respondents physically attacked them.
Therefore, in the said facts and circumstances of the case, as regards the petitioners claim to order for police aid for implementation of the ad-interim injunction is concerned, the same cannot be ordered in this Writ Petition as it is well settled law that police aid can be granted only for effective implementation of the order of temporary injunction which is passed on merits or permanent injunction decree alone. Ad- interim injunction order, which was passed ex parte by dispensing with the notice to the respondents therein and which was not passed on merits and which is still pending final disposal after hearing both the parties on merits, cannot be implemented by way of granting police aid. The legal position in this regard is settled by this Court in the case of Rai Naramma 4 v. State of Andhra Pradesh1 wherein this Court held 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."
Therefore, having regard to the pleadings set out in the Writ Petition, as in fact the petitioners are seeking police aid for implementation of the said ad-interim injunction order which was passed ex parte, the police aid cannot be ordered in this Writ Petition.
As regards the grievance of the writ petitioners that they were physically attacked by the unofficial respondents is concerned, they ought to have lodged report with the police in this regard.
Therefore, this Writ Petition is disposed of with a direction to the petitioners that if they feel aggrieved by the alleged physical attacks said to have been made by the unofficial 1 2021(1) ALT 426 5 respondents, to lodge report with the police i.e., before the respondents 2 and 3 for taking appropriate action according to law in this regard. No costs.
Miscellaneous petitions, if any pending, in the Writ Petition, shall stand closed.
______________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date: 27.09.2022 AKN 6 THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY WRIT PETITION No. 22104 of 2022 Date: 27-09-2022 AKN