Case Note & Summary
The petitioner, Shivappa S/o Siddappa Mali, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a writ of mandamus directing the Superintendent of Police, Bagalkot, and the Sub-Inspector of Police, Savalagi Police Station, to provide police protection to him and his property bearing new Survey No.65/2/2 (old Survey No.65/5) measuring 8 acres 7 guntas situated at Gadyal Village, Jamkhandi Taluk, Bagalkot District. The petitioner contended that there was a civil decree in his favour which had reached finality, and in execution proceedings, the encroached portion of the property was recovered with the help of a court warrant. However, respondent Nos.4 to 7 (private individuals) were illegally and high-handedly trying to interfere with his day-to-day agricultural operations and threatening him with dire consequences. The learned counsel for the petitioner relied on the judgments of the Supreme Court in P.R. Murlidharan & others vs. Swami Dharmanand Theertha Padar & others and Moran M. Baselios Marthoma Mathews vs. State of Kerala to argue that a writ petition for police protection is maintainable. The learned AGA for respondent Nos.1 to 3 submitted that based on the petitioner's complaint, an FIR dated 17.05.2016 was registered. The court, after hearing both sides, held that the writ petition is maintainable and directed respondent Nos.2 and 3 to provide police protection to the petitioner and his property. The court observed that the petitioner has a civil decree in his favour and the private respondents are interfering with his possession, and therefore, the police are duty-bound to protect the decree-holder.
Headnote
A) Constitutional Law - Writ of Mandamus - Police Protection - Maintainability - A writ petition for police protection is maintainable when the petitioner has a civil decree in his favour and the private respondents are illegally interfering with his possession and threatening him. The court directed the police to provide protection to the petitioner and his property. (Paras 2-5) B) Property Law - Civil Decree - Enforcement - Police Protection - Where a civil decree has reached finality and the decree-holder is in possession, the police are duty-bound to protect the decree-holder from any interference by the judgment-debtors or third parties. (Paras 5-6)
Issue of Consideration
Whether a writ petition seeking police protection for the petitioner and his property is maintainable when there is a civil decree in his favour and the private respondents are allegedly interfering with his possession.
Final Decision
The writ petition is allowed. Respondent Nos.2 and 3 are directed to provide police protection to the petitioner and his property bearing new Sy. No.65/2/2 (old Sy. No.65/5) measuring 8 acres 7 guntas situated at Gadyal Village, Jamkhandi Taluk, Bagalkot District.
Law Points
- Writ of mandamus
- police protection
- civil decree
- enforcement of court orders
- maintainability of writ petition for police protection
