Mangal W/O Bhimrao Shinde v. The District Superintendent Of Police Beed And Others

2024:BHC-AUG:1737-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 983 CRIMINAL WRIT PETITION NO. 1223 OF 2023 MANGAL W/O BHIMRAO SHINDE

VERSUS

THE DISTRICT SUPERINTENDENT OF POLICE BEED AND OTHERS ...

Advocate for the Petitioner : Mr. Dhase Rahul P. APP for Respondents : Mr. G.A. Kulkarni ...

CORAM

: MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.

DATE : 24 JANUARY 2024 PER COURT :

Heard.

2.

The petitioner who is already held to be in possession of the suit property is seeking writ of mandamus directing the Police to provide protection for protecting her possession and cultivation of the lands. When admittedly there are orders of the Civil Court in favour of the petitioner holding her to be in possession and even an injunction has been clamped against the defendants therein, we cannot pass any order in view of the availability of efficacious remedy of approaching the executing Court which has ample powers under Order XXI of the Code of Civil Procedure, including to direct police aid. 3.

Writ Petition is disposed of with liberty to the petitioner to approach the executing Court or to resort to any other appropriate remedy.

[ SHAILESH P. BRAHME, J. ] [ MANGESH S. PATIL, J. ] Thakur-Chauhan/-