IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION No. 3412 of 2009 Between: Adusumilli Seshadri (Hindu) S/o. Late Lakshmi Narayana R/o. Bapirajugudem, Pedavegi Mandal and P.S. Limits, West Godavari Dist. ..... PETITIONER AND 1 The Superintendent of Police West Godavari Dist. at Eluru. 2 The Station House Officer Pedavegi Police Station West Godavari Dist. 3 Kandavalli Anand Rao S/o. Elisha R/o. Ayyaparajugudem, Lingapalem Mandal, Dharmajigudem P.S. Limits, West Godavari Dist. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondents No.1 and 2 herein in not taking any action pursuant to the of the Decree and Judgment of Permanent Injunction against the 3rd Respondent and complaints made by the Writ Petitioner to grant Police Protection as illegal, arbitrary and unconstitutional and consequentially direct the Respondents No.1 & 2 to take immediate action on the above said Decree and Judgment and the Complainant of the Writ petitioner against the 3rd Respondent in the interest of Justice. Counsel for the Petitioner:MR.K.J.V.N.PUNDAREEKAKSHUDU Counsel for the Respondents: GP FOR HOME The Court made the following : THE HON’BLE SRI JUSTICE N.V.RAMANA WRIT PETITION No. 3412 of 2009 ORDER: The petitioner claims to be the owner of the land to an extent of Ac.4.50 cents in R.S.No.414/2, 3 of Bapirajugudem village, Pedavegi Mandal, having inherited the same from his father. Aggrieved by the eviction order, dated 14.07.1997, passed against him by the Mandal Revenue Officer, Pedavegi, he filed O.S.No.121 of 1997 on the file of Additional Senior Civil Judge, Eluru, and the same was dismissed by order dated 03.07.2002. Challenging the said dismissal order, the petitioner filed appeal in A.S.No.113 of 2002 on the file of II-Additional District and Sessions Judge, West Godavari District, Eluru and the appellate Court allowed the appeal on 20.11.2003 setting aside the dismissal order dated 03.07.2002 passed by the trial Court and granting consequential permanent injunction in his favour in respect of the schedule property. The main grievance of the petitioner is that in spite of there being a decree in his favour, the 3rd respondent and his henchmen are interfering with his peaceful possession and enjoyment of the schedule property and, though he made a complaint to the 1st respondent on 02.04.2008 to provide police protection to him from the illegal acts of the 3rd respondent, for implementing the permanent injunction decree granted in his favour, which is in force, respondents 1 and 2 have not taken any action thereon. Heard the learned counsel for the petitioner and the learned Government Pleader for Home for respondents 1 and 2. Admittedly, the petitioner obtained order of permanent injunction and if the 3rd respondents and his henchmen, despite the said decree, are still interfering with the petitioner’s possession, the remedy of the petitioner is to file execution petition before the Court, which passed the decree, and get the order executed. However, this Court, in exercise of jurisdiction under Article 226 of the Constitution of India, cannot grant the relief as sought for by the petitioner. Accordingly, the writ petition is dismissed, reserving liberty to the petitioner to approach the competent civil Court by filing an execution petition for implementation of the decree passed in his favour, as per law. No order as to costs. _____________ N.V.RAMANA,J 20.02.2009 v v