IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTH DAY OF APRIL TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA WRIT PETITION NO : 6982 of 2005 Between: Syed Mohammed, S/o. Late Nazab Ahmed, R/o. H.No. 9-4-86/1, Muneer Bagh, Towlinchowki, Golconda Mandal, Hyderabad. A.P. ..... PETITIONER AND 1.Assistant Commissioner of Police, South Zone, Hyderabad. 2.Deputy Commissioner of Police, South Zone, Hyderabad. 3.Circle Inspector of Police, Langer House P.s. Hyderabad. 4.SHO, Langer House, P.S. Hyderabad. 5.Asker Ali Abbas, S/o. Abbas Hussain, R/o. 12-2-725/32, Mujeeb Manzil, P & T. Colony, Mehdipatnam, Hyderabad. A.P. .....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, order or direction in the nature of Writ of Mandamus, declaring the action of the respondents in not implementing the orders dt. 22-3-2005 passed in I.A.No.621/05 in I.A. No. 479/05 in O.S.No.1249/05 on the file of the VI Junior Civil Judge, City Civil Court, Hyderabad is illegal, arbitrary and unconstitutional against the principles of natural justice and consequently direct the respondents to implement the orders dt. 22-3-05 passed in I.A.No.621/05 in I.A.No.479/05 in O.S.No.1249/05 on the file of VI Junior Civil Judge, City Civil Court, Hyderabad in the interest of justice Counsel for the Petitioner: MR.KHAJA MANZOOR ALI Counsel for the Respondent Nos.1 to 4: GP FOR HOME Counsel for the Respondent No.5: None appears The Court made the following: THE HONOURABLE SRI JUSTICE D.S.R.VARMA W.P.NO.6982 OF 2005 ORAL ORDER: Heard both sides. 2. The petitioner obtained an order of interim injunction in I.A.No.479 of 2005 in O.S.No.1249 of 2005 on the file of VI Junior Civil Judge, City Civil Court, Hyderabad, restraining the respondent/defendant in the said suit (the fifth respondent herein) from interfering with the property in question. Alleging that the respondent-herein has been interfering with the property in question, he filed I.A.No.621 of 2005 seeking police aid to implement the order of interim injunction and that application was ordered by the said Court on 22.3.2005 directing the Station House Officer, Langer House Police Station, Hyderabad (the fourth respondent herein), to provide police aid to the petitioner for proper implementation of the order of interim injunction dated 17.3.2005. The grievance of the petitioner is that despite the direction issued by the Civil Court on 22.3.2005, respondents 1 to 4 have failed to take any action so far. 3. In R.AUDEMMA vs P.NARASIMHAM , a Division Bench of this Court ruled that the High Court has got jurisdiction to entertain a writ petition under Article 226 of the Constitution of India to issue a writ or order or direction to the police authorities in the State to render aid, in a lawful manner, to the aggrieved party, for implementation of orders of injunction passed by civil courts. The same view is reinforced by another Division Bench of this Court in SATYANARYANA vs S.H.O, P.S, SANTHOSHNAGAR. 4. In the instant case, it is not in dispute that the petitioner had filed a suit and obtained an order of interim injunction from the civil court. When the said order of interim injunction was violated, an application had been filed in that court seeking police aid. That application was ordered directing police to render aid to implement the order of injunction. The complaint of the petitioner is that despite such a direction issued by the civil court police are not acting in accordance with law. 5. As already observed and having regard to the judgments referred to above, it is the bounden duty of the police to follow the directives of the Courts and accord necessary police protection, particularly when there is a direction by the Court. 6. With the above observation, the writ petition is disposed of, at the stage of admission. However, there shall be no order as to costs. ------------------------------- D.S.R.VARMA, J 05TH APRIL, 2005 KRK/JSU To: 1.Assistant Commissioner of Police, South Zone, Hyderabad. 2.Deputy Commissioner of Police, South Zone, Hyderabad. 3.Circle Inspector of Police, Langer House P.s. Hyderabad. 4.SHO, Langer House, P.S. Hyderabad. 5.Asker Ali Abbas, S/o. Abbas Hussain, R/o. 12-2-725/32, Mujeeb Manzil, P & T. Colony, Mehdipatnam, Hyderabad. A.P. 6.Two CCs to the Government Pleader for Home, High Court Buildings, Hyderabad (OUT). 7.Two CD copies. THE HONOURABLE SRI JUSTICE D.S.R.VARMA W.P.NO.6982 OF 2005 05TH APRIL, 2005