- (1.) The Petitioner is a decree-holder entitled to the possession on the basis of warrant of possession which is required to be executed with police help as per Order 21 Rule 31 Code of Civil Procedure.
(2.) Through the instant petition, the Petitioner has sought a direction to the District Judge, Ludhiana to take effective steps for the grant of police protection from Commissioner of Police, Ludhiana, for executing the warrants of possession in execution Petition No. 83 of April 19, 1994 titled Devinder Kumar and Anr. v. Harbans Lal and Ors., pending in the court of Sh. Jarnail Singh, Civil Judge, (Junior Division), Ludhiana, fixed for February 24, 2011.
(3.) The grievance of the Petitioner is that the High Court Rules and Orders Volume IV Chapter 7 Part 'J' deals with police assistance which reads as follows: Police Assistance: 1. The Punjab Government has decided that the following conditions should govern the rendering of Police assistance to the Civil Courts in the execution of warrants of arrest and distress or of warrants for the delivery of possession of immoveable property. 2. When request may be made for Police assistance -A Subordinate Judge may move the District Judge, or in his absence from the district, the Senior Subordinate Judge to ask the District Magistrate for Police assistance. The request must be accompanied by evidence of the circumstances sufficient to satisfy the District Magistrate that there is a design to commit a cognizable offence or that there is a likelihood of the commission of a cognizable offence by the person or persons on whom a warrant of arrest or distress or for the possession of immoveable property is to be served. 3. Government should be informed when Police assistance permitted.-In all cases in which the District Magistrate has given permission for the employment of Police for the assistance of the Civil Courts in the execution of warrants, a report of the circumstances should be submitted by him through the Commissioner to the State Government.;