Shashi Kant Gupta, J.;- This writ petition has been filed for issuance of a direction in the nature of mandamus to the respondent no. 1 Judge, Small Cause Court, Agra to ensure the handing over the actual physical possession of the property in pursuance to eviction decree dated 14.11.1991 passed by Judge, Small Cause Court, Agra in S.C.C. Case No. 108 of 1989. It has been further prayed that the respondents be directed to pay damages at the rate of Rs.10,000/- per month w.e.f. the date of the decree i.e. 14.11.1991 up to the actual date of vacation of the premises in dispute. 2. Learned counsel for the petitioner has submitted that father of the petitioner filed S.C.C. Case No. 108 of 1989 (R.B.L. Gupta Vs. U.P. State) in the Court of J.S.C.C. Agra for rent and eviction as rent was not paid since 01.03.1988 as well as without permission certain illegal construction was raised by the defendants. Police Chowki is being run in the premises in dispute. The aforesaid suit was decreed by Additional J.S.C.C. Agra vide Order dated 14.11.1991. The said order was not challenged by the respondent no. 2, as such, the Order dated 14.11.1991 attained finality. Subsequent thereto an Execution Case No. 20 of 1999 (R.B.L. Gupta Vs. U.P. State) was filed for executing the decree. 3. It was further submitted by the learned counsel for the petitioner that a writ of possession was issued by the executing Court to the Amin for handing over the possession of the premises to the petitioner decree holder. The Amin in pursuance to the writ of possession went to the disputed premises for handing over the possession, where he met police officials and informed them about the order of the executing court and requested them to vacate the premises but they refused to vacate and give possession unless a direction comes from the D.I.G. Police. 4. The court Amin has submitted its report dated 20.12.2010 before the executing Court informing that when he went to hand over the possession of the disputed premises to the petitioner and informed the police officials to vacate the disputed premises (police chowki) they refused to vacate the disputed premises (police chowki). 5. 4. The court Amin has submitted its report dated 20.12.2010 before the executing Court informing that when he went to hand over the possession of the disputed premises to the petitioner and informed the police officials to vacate the disputed premises (police chowki) they refused to vacate the disputed premises (police chowki). 5. The Executing Court considering the report of the Amin, on 09.03.2011 again issued a writ of possession and further directed to Amin to get the premises vacated after contacting the appropriate authorities. For ready reference, the order dated 09.03.2011 passed by the Executing court is quoted below:- @ Hindi @ 6. Learned counsel for the petitioner has further submitted that the Amin again went to the disputed premises for handing over the possession to the petitioner on 25.03.2011 after giving information to the D.I.G. Police and Collector, Agra. However, again police officials refused to vacate the premises on the pretext that they have not received any orders either from the D.I.G. or Collector, Agra. A report dated 25.03.2011 has again been submitted by the Amin before the executing Court informing about the aforesaid fact. 7. It is further submitted that despite the best efforts, the petitioner has not been handed over the possession of the property in dispute and is unnecessarily being harassed, therefore an appropriate direction is required to be issued by this Court to the concerned authorities. 8. From the bare perusal of the record, it appears that the decree of eviction dated 14.11.1991 has become final, as such, there is no legal impediment in execution of the decree in its true spirit but because the premises in dispute is occupied by the police for the purpose of Police Chowki, the petitioner is not able to get the possession of the premises. 9. This Court by order dated 08.07.2011 had issued the notice to the respondents for filing counter affidavit, but till date neither counter affidavit has been filed nor the disputed premises has been vacated. 10. In view of the above, let the matter be listed on 23rd August, 2011. 11. On the said date i.e. 23.08.2011, the District Magistrate, Agra and D.I.G. (Agra) shall remain present in person before this Court to explain as to why the said premises No. 6/336 situated at Khadari Road, Hari Parwat Ward, Agra has not been vacated despite the decree passed by the Court below. 12. 11. On the said date i.e. 23.08.2011, the District Magistrate, Agra and D.I.G. (Agra) shall remain present in person before this Court to explain as to why the said premises No. 6/336 situated at Khadari Road, Hari Parwat Ward, Agra has not been vacated despite the decree passed by the Court below. 12. The certified copy of this Order may be given to the learned Standing Counsel Sri R.K. Singh free of cost. 13. Office is directed to inform about this Order to the District Magistrate, Agra and D.I.G. Agra forthwith.