Andhra Pradesh High Court - Amravati
V Abujar Nadeem Ahmed vs The State Of Andhra Pradesh, on 25 July, 2022
Author: Cheekati Manavendranath Roy
Bench: Cheekati Manavendranath Roy
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
WRIT PETITION No.22042 OF 2022
ORDER:-
This Writ Petition for Mandamus is filed to declare the action of the 3rd respondent - Station House Officer, Hindupur I Town Police Station in not providing police aid to the petitioners for implementation of the ad interim injunction order dated 20.05.2022 passed in I.A.No.30 of 2022 in O.S.No.6 of 2022 on the file of the Junior Civil Judge, Hindupur, as illegal and consequently sought direction to the police officials to provide police aid to the petitioners to implement the said ad interim injunction order.
2. Heard learned counsel for the petitioners and learned Assistant Government Pleader for Home appearing for the respondents 1 to 3. As this writ petition is being disposed of on the ground of maintainability, notice to the unofficial respondent No.4 is dispensed with.
3. The petitioners sought police aid to implement ad interim injunction order dated 20.05.2022. It is well settled law that the police aid can be granted either by this Court or by the trial Court for effective implementation of only a permanent injunction decree that was passed by a civil Court or a temporary injunction order that was passed on merits. This Court or the trial Court will not usually grant police aid for implementing ad interim injunction which is passed ex parte while dispensing with notice to the respondents therein and before it is made absolute on merits after hearing both the parties.
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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 aforesaid 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. Resultantly, this Writ Petition is dismissed as not maintainable. However, if the ad interim order is made absolute granting temporary injunction in favour of the petitioners on merits after hearing both the parties and if the 4th respondent 1 2021(1) ALT 426 3 still interferes with the possession of the petitioners in respect of the said land in violation of the temporary injunction order, the petitioners are at liberty to approach this Court or trial Court for effective implementation of the said temporary injunction order. No costs.
Miscellaneous petitions, if any pending, in the Writ Petition, shall stand closed.
______________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date : 25.07.2022 KA