Mandamus issued to ensure 24-hour police protection for Vishv Jaat Sangh Charitable and Religious Trust's possession amid persistent interference by private parties
In a significant ruling dated September 1, 2026, the Allahabad High Court (Division Bench) issued a mandamus directing the Senior Superintendent of Police, District Magistrate, and Sub-Divisional Magistrate of Mathura to rigorously enforce a civil court decree protecting the property rights of Vishv Jaat Sangh Charitable and Religious Trust. The order comes in response to persistent violations of a permanent injunction decree by a private party and others, including attempts to interfere with the trust's possession and property.
The petitioners, Vishv Jaat Sangh Charitable and Religious Trust and another, had secured a decree of permanent injunction in Civil Suit No. 640 of 2010 restraining the fifth respondent, Chaudhary Ram Kishore, from interfering with their possession or causing damage or unauthorized transfer of the property. Despite the decree and prior orders from the High Court, including a Writ-C No. 40723 of 2025, the respondents and third parties continued to obstruct the trust's peaceful enjoyment of the property and prevented construction activities.
Recognizing the alarming trend of disregard for civil court decrees by certain police and revenue authorities, the Division Bench comprising Justices J.J. Munir and Indrajeet Shukla expressed strong disapproval of the non-compliance and the trivialization of court orders by state functionaries. The Court noted that such conduct undermines the authority of civil courts and the rule of law.
To curb this contemptuous behavior, the Court mandated the deployment of police protection on a 24-hour basis to prevent any interference with the property and ensure that the trust's possession remains undisturbed. The authorities were instructed to comply punctiliously with the decree and the High Court's previous orders, emphasizing that the trust must be allowed to use and enjoy the property without obstruction.
The Court further clarified that if the petitioners face any act of interference by third parties, they should seek execution of the decree through the proper legal process. The order also directed the Registrar (Compliance) to communicate this directive immediately to the Senior Superintendent of Police, District Magistrate, and Sub-Divisional Magistrate of Mathura through the Chief Judicial Magistrate.
This judgment underscores the judiciary's commitment to uphold the sanctity of civil court decrees and protect the property rights of charitable trusts against unlawful interference by private parties and laxity on the part of state authorities. It serves as a stern reminder to all enforcement agencies that court orders must be respected and implemented without fail.
Bottom Line:
Mandamus issued for enforcement of civil court decree and protection of property rights of a charitable trust against interference by private parties and authorities.
Statutory provision(s):
Constitution of India, 1950 Article 226; Civil Procedure Code (execution of decree provisions)
