IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.22611 of 2008 Between: M/s. Syed Kareemunnisa, W/o. Late Hussain, R/o. H.No. 45-103, Srinivas Nagar, Quthbullahpur Municipality, R.R. District, Rep by her GPA Holder Sri Shaik Ahmed Pasha, S/o. Shiak Ameer Ali, aged 40 years, Occ:Business, R/o.8-4- 544/S/18,SultanNagar,Erragadda,Hyd. ..... PETITIONER AND 1 The Station House Officer, S.R.Nagar Police Station, S.R.Nagar, Hyderabad. 2 Shaik Ahmed, s/o. Shaik Rasool, R/o. H.No. 8-3-633/8, Tawakkal Nagar, Yellareddiguda, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue a writ of mandamus, or any other appropriate writ, order or direction, declaring the action the ﬁrst respondent in not providing police protection for enforcement of the Judgment & Decree dt. 9-4-2008 in OS No. 7337 of 2007 passed by the Hon'ble V Jr. Civil Judge, City Civil Courts, Hyderabad as illegal, arbitrary and pass such other order or orders as may deem ﬁt and proper in the circumstances of the case. Counsel for the Petitioner: SRI C.RAGHU Counsel for the Respondents: GP FOR HOME The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.22611 of 2008 ORDER: The petitioner ﬁled a suit, being O.S.No.7337 of 2007, on the ﬁle of the Court of the V Junior Civil Judge, City Civil Court, Hyderabad, for perpetual injunction against the second respondent herein in respect of property bearing M.C.H.No.8-3-633/104/2 in old survey No.39/1 (new survey Nos.132, 133 and 135) consisting of two dilapidated rooms along with boundary walls admeasuring 60 square yards situated at Yellareddyguda, Hyderabad. The suit was decreed ex parte on 09.04.2008. The petitioner thereafter ﬁled I.A.No.522 of 2008 seeking a direction to the ﬁrst respondent (SHO P.S.Sanjeeva Reddy Nagar, Hyderabad) to give Police aid to the petitioner and implement the decree for injunction in O.S.No.7337 of 2007. The same was dismissed on 21.08.2008. Then the petitioner obtained construction permission, but could not commence construction, allegedly, due to interference by second respondent. She approached the ﬁrst respondent requesting Police protection/assistance, in vain. In this writ petition she seeks a writ of mandamus declaring the action of the ﬁrst respondent in not providing Police protection and enforcement of judgment and decree in O.S.No.7337 of 2007 as illegal and arbitrary. Learned Counsel for the petitioner relies on P.R.Murlidharan v Swami Dharmananda Theertha Padar[1] in support of the contention that when there is an attempt to violate a decree for injunction, a writ of mandamus can be issued directing Police to give protection. After perusing this judgment, this Court is not able to countenance the submission. As observed by the Supreme Court therein it would be an abuse of process to approach High Court under Article 226 of the Constitution of India seeking a writ of mandamus directing protection in respect of property, which remains to be adjudicated, and when such adjudication can only be got done in a properly instituted civil suit. In petitioner’s case the civil Court passed a decree for injunction ex parte. When the petitioner approached the Court by ﬁling an application, presumably, under Section 151 of the Code of Civil Procedure, 1908, the civil Court declined to grant any such direction. If she is aggrieved by the same, her remedy is to prefer appropriate revision petition before the High Court, but not a writ petition. Indeed, as held by a Division Bench of this Court in Satyanarayana v S.H.O. P.S.Santhoshnagar[2], if the civil Court passed an order directing Police to give protection in respect of an injunction order and such order is not obeyed, this Court can issue a writ of mandamus to the Police. In that case it was held as under. …We have, therefore, no hesitation in concluding that this Court has ample jurisdiction, to issue a writ or direction to all the authorities including the police within the State to enforce the orders of the civil Court as conﬁrmed by the High Court in a civil revision petition and maintain the rule of law. The police authorities are therefore bound to give all assistance to the appellant to enforce and see that the orders of this court as conﬁrmed in C.R.P.No.3258/81 are implemented and any enquiry or report of any other authority, revenue or police cannot be put as an excuse for not rendering the required help to the appellant to maintain his possession. This order will be subject only to the final orders of the Civil Court in O.S.No.3770/80. As the petitioner’s application seeking Police protection was also dismissed by the civil Court, the writ petition is not maintainable. The Writ Petition is, therefore, dismissed. No costs. ____________ (V.V.S.RAO, J) 17.10.2008 vs To 1 The Station House Officer, S.R.Nagar Police Station, S.R.Nagar, Hyderabad. 2 2CCs to G.P for Home, High Court of A.P, Hyderabad. 3 2CD copies Form-NIC-OGS/WP{RLD} [1] (2006) 4 SCC 501 [2] AIR 1982 AP 394