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2024 6 Supreme(Telangana) 736

IN THE HIGH COURT OF STATE OF TELANGANA
Alok Aradhe, C.J. and J. Sreenivas Rao, J.
Ghouse Mohiuddin Ali and Ors. – Appellant
Versus
Muslim Educational Social Cultural Organization and Ors. – Respondent
Writ Appeal No. 1056 of 2024
Decided On : 04-10-2024

Advocates:
Advocate Appeared:
For the Appellant : Vedula Srinivas, Sr. Counsel rep. Mirza Safiulla Baig
For the Respondents: B. Mayur Reddy, Sr. Counsel rep. Mir Omer Khan, Meenakshi Arora, Sr. Counsel rep. K. Chakradhar Reddy and Mahesh Raje, GP

Police protection can be granted to enforce civil court injunctions when public interest is at stake, emphasizing the court's jurisdiction under Article 226.

Headnote:(A) Telangana Societies Registration Act, 2001 - Jurisdiction of civil courts - Article 226 of the Constitution of India - Police protection for enforcement of injunction - The court held that police protection can be granted to enforce civil court orders when public interest is at stake, and the learned Single Judge provided sufficient reasoning for such a direction. (Paras 9, 10, 15, 20, 21)

(B) Civil Procedure Code, 1908 - Sections 151 and Order XXXIX Rule 2A - Alternative remedies - The court emphasized that extraordinary jurisdiction under Article 226 should not be exercised if an efficacious alternative remedy exists. (Paras 9, 10)

Facts of the case:
The Society, registered under the Telangana Societies Registration Act, faced internal disputes leading to multiple civil suits and injunction orders. The learned Single Judge directed police to ensure compliance with these injunctions, which was contested by the appellants.

Findings of Court:
The court found that the learned Single Judge had justified the need for police protection to enforce the injunctions due to the Society's operations affecting public interest.

Issues: The main issues included whether the learned Single Judge erred in granting police protection without an inquiry and the appropriateness of using Article 226 for such enforcement.

Ratio Decidendi: The court affirmed that police protection can be ordered to enforce injunctions when public interest is involved, and the learned Single Judge's reasoning was adequate to support this decision.

Result: The writ appeal is disposed of with modifications regarding police aid.

JUDGMENT :

Alok Aradhe, C.J.

1. Mr. Vedula Srinivas, learned Senior Counsel representing Mr. Mirza Safiulla Baig, learned counsel for the appellants.

Mr. B.Mayur Reddy, learned Senior Counsel representing Mr. Mir Omer Khan, learned counsel for the respondent No.1.

Ms. Meenakshi Arora, learned Senior Counsel representing Mr. K.Chakradhar Reddy, learned counsel for the respondent No.2, appears through video conferencing.

Mr. Mahesh Raje, learned Government Pleader for Home appears for respondent Nos.3 to 7.

2. This intra court appeal is directed against the order dated 19.08.2024 passed by the learned Single Judge in W.P.No.8305 of 2024 by which a writ petition preferred by respondent Nos.1 and 2 has been disposed of with the direction to the Assistant Commissioner of Police, Mir Chowk Division, Purani Haveli, Hyderabad as well as Inspector of Police, P.S., Mir Chowk, Hyderabad to implement the judgment/order dated 03.01.2024 passed in C.M.A.Nos.119 and 120 of 2023 by the II Additional Chief Judge, City Civil Court, Hyderabad as well as the order dated 12.01.2024 passed in W.P.No.1292 of 2024, orders dated 01.02.2023 and 15.02.2023 passed in O.S.No.1010 of 2022 and O.S.No.1007 of 2022 respectively by the VII Junior Civil Judge, City Civil Court, Hyderabad and order dated 30.12.2023 passed in Caveat No.1131 of 2023 by the Chief Judge, City Civil Court, Hyderabad. In order to appreciate the grievance of the appellants, relevant facts need mention which are stated infra.

3. M/s.Muslim Education Social and Cultural Association (hereinafter referred to as 'the Society') is the Society registered under the Telangana Societies Registration Act, 2001. The aforesaid Society was founded for social and educational upliftment of community of Muslims. The Society is engaged in running educational institutions like schools, colleges, professional colleges and a diagnostic center and provides employment to nearly 500 people. One Dr. Mohammed Iftekharuddin on 19.05.2021 was appointed as Secretary for Society. The aforesaid Dr. Mohammed Iftekharuddin on 28.12.2021 convened a meeting of the Managing Committee and replaced existing short term members namely Dr. Kausar Shaheen, Dr. M.Sahid Ali, Dr. Kaleem Ahmed Jaleeli, Dr. Nusrath Farees and Dr. Mohammed Moshin with five other persons for the period from 01.01.2022 to 31.12.2023. Thereafter, it appears that the aforesaid Dr. Mohammed Iftekharuddin was placed under suspension on 22.02.2022. In view of the dispute between the office bearers of the Society, the Registrar of Societies vide communication dated 02.02.2022 informed the rival factions to approach the competent Court of law for redressal of their grievance. The aforesaid letter of the Registrar dated 02.02.2022 was challenged by Dr. Mohammed Iftekharuddin in W.P.No.9143 of 2022 which was withdrawn.

4. The appellants as well as the other members filed a civil suit, namely O.S.No.35 of 2022 before the II Additional Chief Judge, City Civil Court, Hyderabad against Dr. Mohammed Iftekharuddin and two others to declare the meeting dated 28.12.2001 and the resolutions passed therein dated 28.12.2021 and 19.12.2021 and all subsequent meetings and resolutions passed by Dr. Mohammed Iftekharuddin and others as illegal and unauthorised and ab initio void as well as in violation of the bye-laws of the Society. The appellants and other members sought perpetual injunction against Dr. Mohammed Iftekharuddin.

5. One Syed Mohammed Hussain claiming himself to be the authorised signatory filed the suit for declaration, namely O.S.No.4545 of 2023 before the IX Junior Civil Judge, City Civil Court, Hyderabad, in the name of the Society. In the aforesaid suit, a declaration was sought to declare that the appellants and others are not the members/employees of the Society. The interlocutory application, namely I.A.No.1102 of 2023 was filed seeking temporary injunction. The trial Court granted ad interim injunction on 13.09.2023. The appellants and others filed interlocuto

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