[2024:RJ-JP:36585]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 13124/2024
1. Ramchandra S/o. Bhorya, R/o. Dharnidhar Ki Bagichi,
Road No. 2, Near Kashi Ram Ka Tiraya, Alwar. (Deceased)
1.1. Hukum Chand S/o. Late Shri Ram Chandra Teli, R/o. Sahu
Colony, 60 Feet Road, Alwar, Azad Nagar Alwar.
1.2. Mahendra S/o. Late Shri Ramchandra, R/o. Presently
Tenant In House Of Sushila W/o. Nihalchand Sharma R/o.
Plot No. 151, Scheme, No. 4, Alwar.
1.3. Kailash Chand S/o. Late Shri Ramchandra, Presently R/o.,
C/o. House Of Dinesh Gopaliya S/o. Suraj Gopaliya,
Upside Mama Transport, Swarg Road, Alwar (Raj.)
1.4. Rajesh S/o. Late Shri Ramchandra, Present R/o. Tenant In
The House Of Shibbu Halwai, Swarg Road, Makkhan Wala
Kua, Alwar (Raj.)
----Petitioners
Versus
1. Shriram Sharma S/o. Govind Sahay Sharma, R/o. Tenant
In The House Of Tej Prakash Swami, Mohalla Beech Ka
Alwar. Present R/o. Dharnidhar Ki Bagichi, Alwar.
2. Lalaram S/o. Ramchandra, R/o. Azad Nagar, Teli Colony,
Near 60 Foot Road, Alwar (Deceased)
----Respondents
For Petitioner(s) : Mr. Harshad Kapoor
For Respondent(s) : Mr. Ajay Goyal
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
31/08/2024
The instant writ petition has been filed on behalf of the
petitioners assailing the order dated 20.07.2024 passed by Rent
Tribunal, Alwar in Execution Petition No.36/06/2022 whereby the
petitioners have been directed to pay an amount of Rs.1,32,623/-
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(2 of 3)
(One Lakh Thirty Two Thousand Six Hundred Twenty Three)
including amount which was paid by the Decree Holder to the
Police Department for taking police aid for the purpose of
execution of the decree of the Court.
Relying upon the order passed by the Co-ordinate bench of
Principal Seat at Jodhpur in S.B. Civil Writ Petition No.2310/2022,
learned counsel for the petitioners submits that no amount can be
demanded by the Police Department in order to provide police aid
for the purpose of execution of the decree of the Court. He
submits that it has also been observed by the co-ordinate bench
that the police is bound to provide police aid for the purpose of
execution of the decree of the Court and it cannot ask any person
to deposit any amount for that purpose.
Learned counsel for the petitioners submits that
respondents-Decree Holder can seek refund of the amount which
has been paid by him to the Police Department if any.
Learned counsel for the respondents Decree Holder submits
that he is ready to seek refund from the Police Department for the
amount paid by the respondent decree-holder for police aid. He,
however, submits that for the rest of the amount, the petitioner is
under obligation to pay the same at earliest.
Considering overall facts and circumstances of the case and
also considering the arguments advanced by both the counsel as
also considering the observation made by Coordinate Bench of this
Court in order dated 19.04.2022 passed in S.B. Civil Writ Petition
No.2310/2022, the order dated 20.07.2024 passed by Rent
Tribunal, Alwar in Execution Petition No.36/06/2022 is modified
and the direction regarding making payment to the respondent
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(3 of 3)
decree-holder for the expenses incurred by him in the name of
police aid for the purpose of execution of decree, is hereby
waived. However, the remaining decreetal amount i.e. excluding
the amount incurred by the respondent decree-holder for police
aid from the amount as directed vide order dated 20.07.2024,
shall be deposited by the petitioners on or before 12.09.2024. At
the same time, it is to be observed here that the respondent-
decree Holder would be at liberty to seek refund of the amount of
police aid from the Police Department.
The writ petition stands disposed of accordingly. Stay
application is also disposed of.
(ANIL KUMAR UPMAN),J
GAUTAM JAIN /60