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1982 Supreme(AP) 160

Andhra Pradesh High Court
Judges : K.MADHAVA REDDY, PUNNAIAH
SATYANARAYANA TIWARI - Appellant
Versus
S.H.O.P.S.Santhoshanagar, Hyderabad - Respondent
Decided On : 06-14-82

The High Court has ample jurisdiction under Article 226 of the Constitution of India to issue a writ or direction to all the authorities including the police within the state to enforce the order of the Civil Court as confirmed by the High court in a Civil Revision Petition and maintain the Rule of law.

Headnote:

INJUNCTION - POSSESSION - POLICE ASSISTANCE - DUTY OF POLICE TO ENFORCE COURT ORDERS - WRIT OF MANDAMUS - JURISDICTION OF HIGH COURT UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA.

Fact of the Case:

The appellant sought a writ of mandamus or other appropriate direction against the police officers to render police help to him in maintaining his possession of the suit land as per the directions issued by the civil court. The police, however, refused to provide assistance, and the appellant filed a writ petition in the High Court.

Finding of the Court:

The High Court held that the orders of the civil court prevail on the question of possession and that the police are bound to enforce such orders. The court further held that the High Court has ample jurisdiction under Article 226 of the Constitution of India to issue a writ or direction to all the authorities including the police within the state to enforce the order of the Civil Court as confirmed by the High court in a Civil Revision Petition and maintain the Rule of law.

Issues: 1. Whether the police are bound to enforce the orders of the civil court? 2. Whether the High Court has jurisdiction to issue a writ or direction to the police to enforce the orders of the civil court?

Ratio Decidendi: 1. The orders of the civil court prevail on the question of possession, and any anterior or subsequent enquiry and finding of the police or any other authority cannot nullify the finding of the civil court. 2. The High Court has ample jurisdiction under Article 226 of the Constitution of India to issue a writ or direction to all the authorities including the police within the state to enforce the order of the Civil Court as confirmed by the High court in a Civil Revision Petition and maintain the Rule of law.

Final Decision: The High Court allowed the writ appeal, set aside the order of the learned single Judge, and issued a direction to the police to enforce the order of the civil court as confirmed by the High court in a Civil Revision Petition.

( 1 ) THIS writ appeal is directed against the disposal of W. P. Mo. 1935/82. In that writ petition the appellant herein sought for a writ of mandamus or other appropriate direction against respondents 1 to 3 police Officers to render police help to him in maintaining his possession of the suit land bearing S. No. 45 of Kandikal Village, Charminar taluk, hyderabad District, which formed the subject-matter of O. S. 1903/81 on the file of the Third Assistant Judge, City Civil Court, Hyderabad, as per the directions issued in I. A. 3510/81 on 29th September, 1981. That order was conformed by the Chief Judge, City Civil Court in C. M. A. 189/81. C. R. P. Ho. 3258/81 filed agamsi the judgment therein was dismissed by this court. In the result there is a temporary injunction order pending disposal of the suit in favour of the appellant here in restraining respondents 4 and 5 from interfering with his possession by themselves or through their servants or agents. It is the case of the appellant that upon his application seeking police help to protect his possession, the court directed police help to be given to him. That order was not varied by the High Court which dismissed the Civil Revision Petition. In the result, there is not only a temporary injunction order in favour of the appellant but also a direction by the civil court to render all police help to protect his possession, so that, the temporary injunction order may be effectively enforced. Notwithstanding such an order, it is the complaint of the appellant, that the police is not rendering any help and the respondents 4 and 5 are likely to dispossess him. He, therefore, sought the issuance of a writ of mandamus or an appropriate direction. That writ petition was disposed by our learned brother Jeevan Reddy, J. While disposing of the writ petition the learned single Judge observed:"there can be little doubt about the position in law that it is the orders of the Civil Court that prevail on the question of possession. Even if the police has found, on verification, that the defendants are in possession, that finding or report is of no consequence so long as the order of the temporary injunction issued by the court stands. "the learned single Judge further observed :"the police shall however not support either party to the dispute and allow them to fight out the dispute in a civil court unless any fresh or further orders are issued by the court to the police in this behalf. Of course, police can also take necessary steps to maintain law and order, if any such situation arises. But even while doing so, they should act consistent with the orders of the Court, if any, in force at the relevant time".

( 2 ) IT is the grievance of the appellant that since the writ petition was disposed and the police is not rendering any help, respondents 4 and 5 are trying to take the law into their own hands and dispossess him.

( 3 ) THE legal position as observed by the learned single Judge does not admit of any doubt that the orders of the Civil Court prevail on the question of possession. Any anterior or subsequent enquiry and finding of the police or any other authority cannot nullify the finding of the civil court especially when that finding has been upheld by this court by dismissing the Civil Revision Petition. The only authority that can vary that finding is the Supreme Court. None of the parties in this case have moved the Supreme Court questioning the dismissal of the Civil Revision Petition. That being the position no authority in the State, revenue or pol ce, can ignore the finding of the Civil Court or refuse to take steps to see that the order of the civil court is implemented and the party, in whose favour there is the order of the civil court gets all help to maintain his possession. It is by that method that the police have to maintain the law and order and not allow the other party to contravene the injunction order and create a law and order problem.

( 4 ) MR. Jagannadha Rao, lear





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