THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA Writ Petition No.26428 of 2009 Dated: 04.12.2009 Between: Kolusu Gopaiah Petitioner And The Tahsildar, Jeelugumilli Mandal, W.G.District and others. Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA W.P.No.26428 of 2009 ORDER: The petitioner’s father is the owner of an extent of Ac.5.53 cents of land in Sy. No.12 situated at Rachannagudem village, Jeelugumilli Mandal, West Godavari District, having purchased it under a registered sale deed, dated 27-03-1964. After his death, the petitioner and his brother had become the absolute owners of the said property and since then, they are in continuous and uninterrupted possession of the said land. According to the petitioner, the transaction is not hit by any of the provisions of the AP Assigned Lands (Prohibition of Transfers) Act, 1977 (for short ‘the Act’). But, however, as the tribals are interfering with their peaceful possession, they approached the competent Civil Court i.e. the Special Assistant Agent to the Government-cum-Revenue Divisional Officer,, Jangareddigudem, and filed O.S.No.34 of 2008 and the said suit was decreed in favour of the petitioner and his brother on 07-02-2009. Despite the said decree, as the tribals are interfering with their peaceful possession, the petitioner filed an application seeking police protection. The Special Assistant Agent to the Government, Jangaredigudem, was pleased to direct the 1st respondent-Tahsildar, Jeelugummilli Mandal, to provide the required police protection to the petitioner i.e. the decree holder. Pursuant thereto, the 1st respondent addressed a letter to the local police i.e. 2nd respondent-Station House Officer, Jeelugumilli police station, on 30-07-2009, requesting him to provide police protection to the petitioner. But, however, as no protection has been provided so far, the petitioner approached this Court and filed the present writ petition. 2. Heard both sides. 3. When once there is an order providing police protection and the same is brought to the notice of the official respondents, the official respondents are duty bound to implement the said order and provide police protection. This Court in Satyanarayana Tiwari Vs. S.H.O. P.S. Santhoshnagar, Hyderabad[1] held: “It is impossible to envisage a situation where the High Court has confirmed the injunction order of the trial court is powerless to enforce its orders and be a silent spectator to its being violated with impunity and leave the parties to seek their remedy by way of contempt alone. By any interpretation of the provisions of Civil P.C, the power of the High Court under Art.226 of the Constitution, to enforce its own orders or the orders of the Civil court cannot be curtailed. The power which a civil Court has under Section 151 CPC the High Court has in much larger measure under Article 226 of the Constitution. The High Court therefore 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 and maintain the rule of law. The police authorities in the instant case are bound to give all assistance to the appellant to enforce and see that the injunction order is 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.” 4. Accordingly, this Writ Petition is allowed and the official respondents are hereby directed to implement the said order passed by the learned Special Assistant Agent to the Government-cum- Revenue Divisional Officer, Jangareddygudem, dated 07-02-2009, and provide police protection to the petitioner with regard to the land in question. No order as to costs. ------------------- 04.12.2009 Note: Issue C.C. in two days. B/o kvr [1] AIR 1982 ANDHRA PRADESH, PAGE 394