GOVERNMENT OF ANDHRA PRADESH Vs. G LAKSHMAN REDDY

JUDGEMENT

(1.) Leave granted.

(2.) We have heard the learned counsel on both sides.

(3.) A compound wall was admittedly constructed at Police Lines in Nizamabad Town in Andhra Pradesh, statedly to protect the police quarters. A suit was filed in OS No. 123 of 1991 on the file of the District Munsif, Nizamabad for demolition of the wall on the ground that the police construction of the wall had obstructed public way. Decree was granted, though ex parte on September 12, 1991 since the police refused to receive the notice. The execution application was laid by the decree-holder on December 1, 1991. The Court had issued notice on execution. Thereafter, warrant was issued on February 7, 1996 for demolition of the wall. The warrant was entrusted to one Shri Madhusudhan Bhat for enforcement. He went along with Venkaiah, another bailiff, Syed Ahmad Ali and G. Vinayak Raj process-servers, along with workmen to the site to demolish the constructed wall. While they were in the process of demolishing the wall, it is now clear from the record that Circle Inspector of Police, Narasimha Raju, the Sub-Inspector of Police, Laxminarayana and other police force had gone there and obstructed the execution of the warrant. They took the Court Officers to the police station. It is the report of the bailiffs that they were wrongly confined in the police station, despite the fact that they had informed that they are Court Officers and had came to the spot with their duty to execute the warrant. On the basis of that report, a complaint came to be filed and is pending decision. So, we need not proceed further on that issue.