Writ petition challenging failure to grant police aid for enforcing a civil injunction. Court disposed of petition by granting liberty to petitioner to approach the civil court directly.
Granting liberty to petitioner to approach the court below where suit is pending with an application seeking police aid.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
(Special Original Jurisdiction)
FRIDAY, THE TWELFTH DAY OF IVARCH TWO THOUSAND AND TWENTY ONE
PRESENT
THE HONOURABLE SRI JUSTICE K.LAKSHMAN
WRIT PETITION NO: 4595 OF 2021
Between:
Nampalli Mallamma, W/o. Late. Mallaiah, Age. 72 Years, Occ. Agriculture, R/o. IVlannempalli Village of Thimmapoor [t4andal, Karimnagar District.
..PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction more particularly one in the nature of writ of mandamus or any other appropriate order declaring the action of the respondents No. 2 and 3, in not granting police aid for implementing the injunction orders granted in l. A. No. 180 of 2019, in O. S. No. 82 of 2019, on the file of Hon'ble Special Judicial Magistrate of First Class (Excise) Cum lV Additional Junior Civil Judge at Karimnagar, dated. 15-03-2019, considering the representation submitted by the petitioner dated. 06-06-2020, 24-06-2020, and 25-12-2020, is nothing but, arbitrary, illegal, null and void and violative of principles of naturaljustice and also violative of Articles 14, 19 and 21 of the Constitution of lndia. Consequently direct the respondents No. 2 and 3, to grant police aid for implementing the injunction orders in l.A.No. 180 of 2019, in O,S.No. 82 of 2019, on the file of Honble Special Judicial Magistrate of First Class (Excise) Cum lV Additional Junior Civil Judge at Karimnagar, considering the representation submitted by 06-06-2020, 24-06-2020, and 25-12-2020, thereby take necessary action against the respondents No. 4 to 8, in accordance with Law.
lA NO: 1 oF 2021
Petition under section 151 CPCpraying thatin the circumstances stated in the affidavit filed in support of thepetition, theHigh court maybe pleased to directthe respondents No- 2 and 3, togrant police aid forimplementing the injunctionordersin l.A.No. 180 of 2019, in O.S.No. 82 of2019, on the file of Hon'ble SpecialJudicial tvlagistrate of First Class (Excise) Cum lVAdditionalJunior Civil Judge at Karimnagar, considering the representation submittedby 06-06-2020 ,24-06-2020, and 25-12-2020, thereby take necessary actionagainst the respondents No. 4 to 8, in accordance with Law.
Counsel for the Petitioner: SRI K. VENUMADHAV Counsel for the Respondent Nos.1 to 3: GP FORHOME Counsel for the Respondent Nos.4 to 8:------
The Court made the following: ORDER
THE HONOURABLESRI JUSTICE K. LAKSHMAN
WRIT PETITIO N No.4595OF 2O2l
ORDER:
This Writ Petition isfiled todeclare the action of respondent Nos.2 and3 in notgranting police aid in implementing the injunctionorder dated 15'03'2019in I.A.No.l80 of 2019 inO.S.No.82of 2019 passed by II Additional JuniorCivil Judge at Karimnagar'
petitions pending, if any, shall stand closed.
SD/. N.CHANDRA SEKHARRAO ASSISTANT REGISTRAR //TRUE COPY/'
SECTION OFFICER'N,
HIGH COURT
DATED:1210312021
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ORDER
WP.No.4595 of 2021
DISPOSING OF THE WP
WITHOUT COSTS
A-..-
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/
1 issue framed by the court
Whether the High Court should direct police to aid in executing a civil injunction order pending before a civil court.
2 provisions across 2 enactments
Nampalli Mallamma
State of Telangana
Commissioner of Police, Karimnagar
Station House Officer, Thimmapoor
Nampalli Lachamma @ Chinna Lachamma
Nampalli Lachamma @ Pedda Lachamma
K. Lakshman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
