Andhra Pradesh High Court - Amravati
M/S. Kvnr Constructions vs The State Of Andhra Pradesh on 6 July, 2022
Author: Cheekati Manavendranath Roy
Bench: Cheekati Manavendranath Roy
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
WRIT PETITION No.19015 of 2022
ORDER:-
This Writ Petition for Mandamus is filed to declare the inaction on the part of respondents 1 to 4 - Police officials in providing the police aid to the petitioner to implement the ad-interim injunction order passed in I.A.No.1222 of 2022 in O.S.No.377 of 2022 on the file of the Principal Junior Civil Judge, Nandyal as illegal and consequently sought direction to respondents 1 to 4 to provide police aid to the petitioner to implement the aforesaid ad-interim injunction order.
Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing for respondents 1 to 5.
Since this Writ Petition is being disposed of on the ground of maintainability, notice to respondent No.6 is dispensed with.
The petitioner seeks police aid for implementation of ad-interim injunction order which was passed exparte in favour of the petitioner and against respondent 6 in I.A.No.1222 of 2022 in O.S.No.377 of 2022 on the file of the Principal Junior Civil Judge, Nandyal.
It is now well settled law that police aid can be granted either by the trial Court which passed the order of injunction or the writ Court only for effective implementation of the temporary injunction order which was passed on merits or the permanent injunction decree. Police aid cannot be granted for implementation of ad-interim injunction order which was passed exparte. 2
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."
Therefore, in view of the settled law in this regard as stated supra, this Writ Petition for grant of police aid for implementing the ad-interim injunction order is dismissed as not maintainable. However, if the said ad-interim injunction order is made absolute and temporary injunction order is passed till disposal of the suit, and if still the respondent therein violates the said order, the writ petitioner is at liberty to file a fresh petition either before the trial Court or before this Court seeking police aid. No costs.
Miscellaneous petitions, if any pending, in the Writ Petition, shall stand closed.
_____________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date: 06.07.2022 MP 1 2021(1) ALT 426 3 74 THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY WRIT PETITION No.19015 of 2022 Date: 06-07-2022 MP