Allowed

Kondareddy Narayana Reddy v. The State of Andhra Pradesh

Andhra Pradesh HC16 Aug 2021WP/12119/2021

Case brief

AI extract

What is this about?

The Court allowed a writ petition seeking police aid for the petitioner. It held that the petitioner is entitled to police assistance for enforcing a permanent injunction decree passed in a civil suit regarding property title, citing settled law. The respondents to the police call were directed to provide necessary aid.

What did the court decide?

Respondents 1 to 4 (police officials) directed to provide necessary police aid to the petitioner for effective implementation of the permanent injunction decree in O.S.No.90 of 2012.

Kondareddy Narayana Reddy Vs The State of… — Execution and Attachment | Andhra Pradesh HC (2021)

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THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY WRIT PETITION No.12119 OF 2021

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ORDER:-

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This Writ Petition under Article 226 of the Constitution of India is filed seeking police aid for effective implementation of the permanent injunction decree passed in favour of the petitioner in O.S.No.90 of 2012 on the file of the learned IV Additional District Judge, Tirupathi.

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Brief summary of the facts of the writ petitioner may be stated as follows.

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The petitioner is the plaintiff in a suit O.S.No.90 of 2012 on the file of the learned IV Additional District Judge, Tirupathi, which was filed against respondents 5 and 6 for declaration of title of the petitioner in respect of the property shown in the schedule appended to the plaint and for permanent injunction. It is stated that the said suit was decreed in favour of the writ petitioner on 06.08.2019 declaring his title in respect of the plaint schedule property and granting permanent injunction in favour of the petitioner and against the respondents 5 and 6. It is further stated that despite passing of the aforesaid decree of permanent injunction that the respondents 5 and 6 have been interfering with the possession of the petitioner in respect of the said property. Therefore, the petitioner is before this Court by way of this Writ Petition seeking police aid for effective implementation of the said permanent injunction decree.

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Despite service of notices, none appeared for respondents 5 and 6. Therefore, heard learned counsel for the petitioner and learned Assistant Government Pleader for Home for respondents 1 to 4.

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Learned counsel for the petitioner reiterated the facts that are stated in the affidavit filed in support of the Writ Petition and prayed for grant of police aid for effective implementation of the permanent injunction decree.

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Learned Assistant Government Pleader for Home would submit that as there is a decree of a civil Court declaring the title of the petitioner and granting permanent injunction and as the dispute is of civil nature that the police normally would not interfere in the civil disputes even for implementation of the decree for injunction unless there is a specific order either from the Court, which passed the said decree or by the High Court for effective implementation of the said decree.

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As can be seen from the copy of the decree that was passed in O.S.No.90 of 2012 on the file of the learned IV Additional District Judge, Tirupathi, it is evident that the suit filed by the petitioner against respondents 5 and 6 herein for declaration of his title in respect of the plaint schedule property and permanent injunction was decreed on 06.08.2019. While declaring the title of the plaintiff in respect of the said property, the Court has also passed a decree for permanent injunction in favour of the writ petitioner and against respondents 5 and 6. As it is stated that despite passing of the said

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decree for permanent injunction that the respondents 5 and 6 are now making efforts to interfere with the possession of the petitioner in respect of the said property, the petitioners are entitled for a direction to the respondent police officials to provide adequate police aid to the petitioner for effective implementation of the aforesaid permanent injunction decree. It is settled law that when a person is fortified with a decree for permanent injunction or with an order of temporary injunction passed on merits that he is entitled for police aid for effective implementation of the said permanent injunction decree or order of temporary injunction. This Court has also clarified the said legal position in the case of Meduri Subba Rao Vs the State of Andhra Pradesh¹ .

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Therefore, in the said facts and circumstances of the case, the Writ Petition is allowed directing respondents 1 to 4 to provide necessary police aid to the petitioner for effective implementation of the permanent injunction decree that was passed in O.S.No.90 of 2012 on the file of the learned IV Additional District Judge, Tirupathi, in favour of the petitioner against respondents 5 and 6.

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Miscellaneous Petitions, if any pending, in this Writ Petition, shall stand closed.

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_______________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY

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Date: 16-08-2021 AKN

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1 W.P.No.15603 of 2020 and batch, dated 10.12.2020

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THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

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WRIT PETITION No.12119 OF 2021

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Date: 16-08-2021

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AKN

Kondareddy Narayana Reddy v. The State of Andhra Pradesh

Case brief

What is this about?

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Kondareddy Narayana Reddy v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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