IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No. 8469 of 2008 Date: 21.04.2014 Between:
A. Joseph Stalin.
… Petitioner And The Govt., of A.P., rep., by its Principal Secretary, Department of Revenue, Hyderabad, & others.
… Respondents This Court made the following:
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No. 8469 of 2008 ORDER: (Per the Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta) This writ petition has been filed for the following relief:
“… Hon’ble Court may be pleased to issue any writ, order or direction particularly one in the nature of Mandamus directing the respondents 1 to 4 take steps to protect the 10 acres of land situated in S.No.331/5, Madhurawada Village, Visakhapatnam ignoring the decree and judgment dated 07.12.2005 in O.S.No.1130 of 2005 on the file of the II Additional Senior Civil Judge, Visakhapatnam fraudulently obtained by the 5th respondent.”
According to us, this prayer is wholly unconstitutional, as it appears from Article 261 of the Constitution of India that so long as the civil Court decree remains valid and subsisting, it will have to be implemented. Article 261 reads as follows:
“261. Public acts, records and judicial proceedings:- (1) Full faith and credit shall be given throughout the territory of India to public acts, records and judicial proceedings of the Union and of every State.
(2) The manner in which and the conditions under which the acts, records and proceedings referred to in clause (1) shall be proved and the effect thereof determined shall be as provided by law made by Parliament.
(3) Final judgments or orders delivered or passed by civil courts in any part of the territory of India shall be capable of execution anywhere within that territory according to law.”
In this case, the learned counsel for the petitioner contends that the decree is a fraudulent one. According to us, it is not the forum, which should examine the issue of fraud and the remedy lies elsewhere.
Accordingly, the writ petition is dismissed with costs assessed at Rs.2,000/- (Rupees Two thousand only) to be paid by the petitioner to the A.P. State Legal Services Authority within fortnight from the date of receipt of a copy of this order, as it is wholly frivolous action under law. Miscellaneous petitions, if any, pending in this writ petition shall stand dismissed.
K.J. SENGUPTA, CJ SANJAY KUMAR, J Date: 21.04.2014 ES