Mohd. Faizuddin vs Ahmed Bin Hussain and Another

P. Venkatarama Reddi, J.—This Civil Revision Petition is against the order directing the Station House Officer, Shamsheer Gunj Police Station to ensure that both the parties maintain status-quo in respect of plots 2 and 3 in H. No. 19-3-528, Payen Bagh, Jahanuma, Hyderabad pending orders in LA. No. 172 of 1996. Status-quo order was granted in the injunction petition filed by the petitioner-plaintiff. While so, the respondents-defendants filed LA. No. 219 of 1996 seeking a direction to the police to extend help in maintaining status-quo. In the affidavit filed in support of I.A., it is stated in somewhat vague terms that the other party is indulging in acts of "attempted incursions at odd hours of day in and day out". It is not in dispute that the land in question is an open land. The lower Court, without specifying how and in what manner the police has to ensure the maintenance of status-quo, granted a direction for extending the police aid. The Station House Officer is not expected to give his own interpretation to the order of status-quo, hear rival contentions as to possession etc and then extend the aid in the manner he decides. These matters should have been spelt out in clear terms before directing the police aid. The impugned order therefore cannot be sustained in law. I must say that orders of this nature are likely to lead to abuse of the process of Court and they should not be passed in a mechanical way. I have therefore no hesitation in setting aside the impugned order. At the same time, I record the representation made on behalf of the petitioner that no constructions will be made on the disputed land pending further orders in LA. No. 172 of 1996 or in the suit. If there is any attempted construction or disturbing status-quo by either side by any positive act, it is open to one of the parties to move the Court with a specific allegation and on such application, the Court, if it thinks fit, can give appropriate directions to police to extend the aid in any specific manner.

The Civil Revision Petition is allowed subject to above observations. No costs.