THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA Writ Petition No.26470 of 2009 Dated: 04.12.2009 Between: Syed Mukthar Ahmed Petitioner And The Commissionr of Police, Hyderabad and othes. Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA W.P.No.26470 of 2009 ORDER: According to the petitioner, he is the absolute owner of the house property bearing premises No.9-4-47/22/A/8, total admeasuring 1800 square yards, situated at Hakeempet, Hyderabad and he is in possession and enjoyment of the said property for more than 30 years. While so, the respondents 4 to 6 and others were interfering with his peaceful possession and enjoyment of the property in the year 2004. Therefore, the petitioner filed O.S.No.2850 of 2004 on the file of VI Junior Civil Judge, City Civil Court, Hyderabad, seeking perpetual injunction restraining them from interfering with his peaceful possession and enjoyment of the property, and the said suit was decreed on 29-09-2005. As the decree is not implemented, the petitioner approached the very same Court and filed E.A.No.679 of 2005 in E.P.No.344 of 2005 in O.S.No.2850 of 2005 seeking police protection and the trial Court was pleased to provide police protection. Pursuant to the same, the petitioner made a representation dated 06- 11-2009 to the 3rd respondent-Station House Officer, Banjara Hills police station, Hyderabad, requesting to implement the orders of the trial Court. Despite the same, the police are not protecting the interest of the petitioner. Hence, he 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 VI Junior Civil Judge, City Civil Court, Hyderabad, dated 23-11-2005, and provide police protection to the petitioner. No order as to costs. ------------------- 04.12.2009 C.C. tomorrow B/o kvr [1] AIR 1982 ANDHRA PRADESH, PAGE 394