K. Venateshwara Rao vs The Sub-Inspector of Police and Another

B. Subhashan Reddy, J.—This writ petition is filed seeking police aid and to see that the order passed by the civil Court is implemented.

Mr. Radhakrishna, the learned Counsel for the petitioner, vehemently submits that in spite of the order of the Civil Court granting police aid, the same is not cared by the concerned police authorities and as such mis Court''s jurisdiction is invoked under Article 226 of the Constitution of India. The petitioner had filed a suit O.S. No. 178 of 1992 on the file of the District Munsif, Kodad for a decree of injunction and the same was decreed. It had also become final. E.A. No. 46 of 1994 in E.P. No. 25/94 in OS. No. 178 of 1992 was filed for police aid, but the same was not granted against which C.R.P. No. 4507 of 1994 was filed which was disposed of by my learned Brother P. Venkatarama Reddi, J. on 27-1-1995 directing the lower Court to consider the application for grant of police aid filed by the petitioner. Pursuant to the said order the petitioner filed E.A. No. 17 of 1995 for police aid and the same was granted by order dated 17-2-1995. If the said order is violated, it is a case for filing of a contempt case. But Mr.Radhakrishna, the learned counsel for the petitioner, submits that it will take a long time and a counter need to be filed, men much time will be lost and that in spite of right of filing a contempt case being available, the only effective remedy is a writ petition under Article 226 of the Constitution of India. I do not accede to this contention for the reason mat successive orders cannot be passed by the, Courts of law. If a Court of law of competent jurisdiction has passed an order, the said order has got to be implemented at any cost. Merely because it is a subordinate Court''s order, mat cannot be brushed aside by the police authorities. The lower Court is a competent Court which has invoked its inherent powers u/s 151 C.P.C for granting police aid. As such, the police are bound to implement the said order. If the police violate the same, the only course left open to the petitioner is to file contempt proceedings and not to invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. This Court will not relish an argument mat even though contempt power is available this Court again has to pass the same order as was passed by the lower Court. This Court under Article 226 of the Constitution of India is a constitutional Court but not the executing Court for the lower Court which is the subordinate Court. We have got enough power to convict a person for contempt not only for violation of the orders of our Court (High Court) but also for violation of the orders of the subordinate Courts. The only remedy which is available to the petitioner is to file a contempt case and this writ petition is not maintainable for that reason.

Mr. Radhakrishna cites a decision in Satyanarayana Tiwari Vs. S.H.O.P.S. Santhoshanagar, Hyderabad and Others, in support of his contention that the writ petition is maintainable. But the facts of that case have no bearing on this case as in that case no civil Court order was passed granting police aid and the party therein directly approached this Court under Article 226 of the Constitution of India and the objection raised by the respondents that the party should first approach the civil Court was repelled. But the circumstance of a civil Court having entertained the application and having granted the police aid did not exist in that case. For this reason the ratio decided in the above case has got no application in this case.

The writ petition is, therefore, dismissed.