- (1.) This writ petition has been filed for issuance of a direction in the nature of mandamus to the respondent No. 1 Judge, Small Cause Court, Agra to ensure the handing over the actual physical possession of the property in pursuance to eviction decree dated 14.11.1991 passed by Judge, Small Cause Court, Agra in S.C.C. Case No. 108 of 1989. It has been further prayed that the respondents be directed to pay damages at the rate of Rs. 10,000/- per month w.e.f. the date of the decree i.e., 14.11.1991 upto the actual date of vacation of the premises in dispute. Learned Counsel for the petitioner has submitted that father of the petitioner filed S.C.C. Case No. 108 of 1989 (R.B.L. Gupta v. U.P. State) in the Court of J.S.C.C. Agra for rent and eviction as rent was not paid since 1.3.1988 as well as without permission certain illegal construction was raised by the defendants. Police Chowki is being run in the premises in dispute. The aforesaid suit was decreed by Additional J.S.C.C. Agra vide Order dated 14.11.1991. The said order was not challenged by the respondent No. 2, as such, the Order dated 14.11.1991 attained finality. Subsequent thereto an Execution Case No. 20 of 1999 (R.B.L. Gupta v. U.P. State) was filed for executing the decree. It was further submitted by the learned Counsel for the petitioner that a writ of possession was issued by the Executing Court to the Amin for handing over the possession of the premises to the petitioner decree holder. The Amin in pursuance to the writ of possession went to the disputed premises for handing over the possession, where he met police officials and informed them about the order of the Executing Court and requested them to vacate the premises but they refused to vacate and give possession unless a direction comes from the D.I.G. Police.
(2.) The Court Amin has submitted its report dated 20.12.2010 before the Executing Court informing that when he went to handover the possession of the disputed premises to the petitioner and informed the police officials to vacate the disputed premises (police chowki) they refused to vacate the disputed premises (police chowki),
(3.) The Executing Court considering the report of the Amin, on 9.3.2011 again issued a writ of possession and further directed to Amin to get the premises vacated after contacting the appropriate authorities. For ready reference, the order dated 9.3.2011 passed by the Executing Court is quoted below:;