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Andhra Pradesh High Court - Amravati

Ganjala Seetharavamma vs State Of Andhra Pradesh on 28 September, 2021

Author: Cheekati Manavendranath Roy

Bench: Cheekati Manavendranath Roy

                                     1
                                                                       CMR, J.
                                                           W.P.No.15898 of 2021




THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

                    Writ Petition No.15898 of 2021
ORDER:

This Writ Petition under Article 226 of the Constitution of India is filed seeking writ of mandamus declaring the action of the respondent police officials in not granting police aid in spite of an ad interim injunction order, dated 22.03.2021, passed in I.A.No.67 of 2021 in O.S.No.39 of 2021 on the file of the Junior Civil Judge, Movva, Krishna District, and in spite of representations dated 10.04.2021 and 16.04.2021 made by the petitioner to police, as illegal and arbitrary and consequently, sought direction to the respondent police officials to grant police aid to implement the aforesaid ad interim injunction order of the civil Court.

2) Notice of 4th respondent returned with postal endorsement "refused". Despite service of notice, none appeared for the 4 th respondent.

3) Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home for official respondents 1 to 3.

4) The petitioner sought police aid to implement the ad interim injunction order that was passed ex parte against the 4th respondent in I.A.No.67 of 2021 in O.S.No.39 of 2021 on the file of the Junior Civil Judge, Movva, Krishna District. The said ad interim injunction order is dated 22.03.2021. A perusal of the said order makes it very clear that it was not an order 2 CMR, J.

passed on merits. It was an ex parte interim injunction order granted after hearing the learned counsel for the petitioner.

5) It is well settled law that police aid can be granted to implement only temporary injunction order that was passed on merits or a permanent injunction order that was passed by a civil Court. No police aid can be granted to implement an ex parte ad interim injunction order which was not passed on merits. The legal position is not res integra and the same has been well settled.

6) This Court in the case of Rai Naramma v. State of Andhra Pradesh1, held at para 7 of the aforesaid order 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."

2021(1) ALT 426 3 CMR, J.

7) Therefore, in view of the above law, as the present order which is sought to be implemented by way of granting police aid is purely an ex parte ad interim injunction order, which was not passed on merits, this Writ Petition for grant of police aid is not maintainable.

8) In the result, the Writ Petition is dismissed. No costs.

Consequently, miscellaneous applications, pending if any, shall also stand closed.

________________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date:28.09.2021.

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