The High Court quashed an order granting police aid in an execution application because it was passed ex parte without any reasons or application of mind. The court held that police aid is an extreme step requiring full conviction of grave emergency.
The impugned order of the District Judge granting police aid was quashed and set aside.
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W.P.No.6937/11
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE, BENCH AT AURANGABAD
WRIT PETITION NO.6937 OF 2011
Office Notes, Office
Memoranda of Coram,
appearances, Court's
orders or directions
andRegistrar's
orders.
Court's or Judge's orders
Mr.S.B.Talekar, advocate for the petitioner.
Mr.A.B.Gatne, advocate for Respondent No.1.
Mr.N.E.Deshmukh, advocate for Respondent Nos.12,13,15
and 16.
Mr.V.D.Hon, advocate for Respondent Nos.10,11,14,17
and 20.
Respondent Nos.2,3,6,9 and 18 served by paper
publication.
Respondent Nos.4,5,7,8 and 19 served.
CORAM : S.V.GANGAPURWALA,J.
Date : 22.11.2011.
PER COURT :
the Court has passed the order granting Police aid in a casual manner without satisfying himself about the averments made in the
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W.P.No.6937/11
application. The said order is also an exparte one. Without notice to the present petitioner, the said order of Police aid is passed. The said order does not give any reasons for the grant of Police aid and can not be sustained. The Respondents have misused the said order.
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W.P.No.6937/11
his contention that the Court has ample power to grant Police aid in the exigency of the circumstances. The learned counsel further contends that the order of Police aid is already executed and when the order is already executed, the present Petition can not be entertained.
"Perused the application. Heard Advocate Smt.Paligundwar, for the applicant. The application allowed in the interest of justice to direction to the Dy.S.P. Baramati, S.P., Ahmednagar and P.C. Chembur to avail the enough lady and gents police constable or officer of Police on the requisition of the applicant on the charges as per the rule - issue yadi accordingly."
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W.P.No.6937/11
of any judicial order that is passed. It depicts the application of mind of the learned Judge passing the order. In the present case, the order does not show the case considered by the learned Judge while passing the order. Even in the judgment in a case of "Smt.Ratnabai W/o Narayanrao Naik and another Vs. Satwarao S/o Narayanrao Naik" referred supra, relied by the learned counsel for the Respondents. It is observed :
"8. It is no doubt that the Police help is an extraordinary mode or procedure to implement the execution of the decree or orders. In other words, Police help is to be regarded as an extreme step and as such it should not be recommended unless the Court is fully convinced of the existence of a grave emergency. Therefore, a decree-holder praying for police help has to state whether such help is required either;"
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learned Judge as to why the notice to the other party was not necessary before passing the said order.
(S.V.GANGAPURWALA,J.)
Dt.22.11.2011. asp/office/wp6937.11
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1 issue framed by the court
Whether the District Judge erred in granting police aid ex parte without recording reasons or applying mind to the averments.
Colour shows how this judgement treated each authority
Smt.Ratnabai W/o Narayanrao Naik and another Vs. Satwarao S/o Narayanrao NaikReferred¶34
AIR 1995 Bombay 61 · Who else cites this
Smt.Nirabai J. Patil Vs. Narayan D. Patil and othersReferred¶22
AIR 2004 Bombay 225 · Who else cites this
Petitioner
Respondent No.1
S.V.GANGAPURWALA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court