APHC010171142020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 10793/2020 Between: 1. KANDAVALLI VENKATESWARA RAO, S/O. RAMALINGAM, HINDU, MALE, AGED 57 YEARS, CULTIVATION, R/O. BHIMOLU VILLAGE, GOPALAPURAMMANDAL, WEST GODAVARI DISTRICT. 2. KONDUBOINAANNAVARAM,, S/O. VENKANNA, HINDU, MALE, AGED 60 YEARS, CULTIVATION, R/O. BHIMOLU VILLAGE, GOPALAPURAMMANDAL, WEST GODAVARI DISTRICT. 3. PEDAVEGIJAGGARAO,, S/O. JANGAMAYYA, HINDU, MALE, AGE 63 YEARS, CULTIVATION, R/O. BHIMOLU VILLAGE, GOPALAPURAMMANDAL, WEST GODAVARI DISTRICT. 4. POTHIREDDYVENKATASARVARAYUDU,, S/O. SREERAMA CHANDRA MURTHY, HINDU, MALE, AGE 52 YEARS, R/O. BEEMOLU VILLAGE, GOPALAPURAMMANDAL, WEST GODAVARI DISTRICT ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH REP BY ITS PRINICIPAL SECRETARY, REP. BY ITS PRINCIPLE SECRETARY (HOME DEPARTMENT), VELAGAPUDI, AMARAVATHI. 2. CHIEF SECRETARY OF ASSIGNMENTS, SECRETARY BUILDINGS, VELAGAPUDI, AMARAVATHI. 3. THE SUPERINTENDENT OF POLICE, WEST GODAVARI DISTRICT, 2 ELURU. 4. THE SUBDIVISIONAL POLICE OFFICER, JANGAREDDYGUDEM SUB-DIVISION, JANGAREDDYGUDEM, WEST GODAVARI DISTRICT. 5. INSPECTOR OF POLICE, JANGAREDDYGUDEM CIRCLE, JANGAREDDYGUDEM, WEST GODAVARI DISTRICT. 6. STATION HOUSE OFFICER, GOPALAPAURAM POLICE STATION, GOPALAPURAM, WEST GODAVARI DISTRICT. 7. DISTRICT COLLECTOR ASSIGNMENT WING, WEST GODAVARI DISTRICT, ELURU. 8. THE MANDALTHASILDAR, GOPALAPURAMMANDAL, GOPALAPURAM, WEST GODAVARI DISTRICT. 9. KAKULAPATIVENKATARAO, S/O. ABBULU, HINDU, MALE, AGE 64 YEARS, NO AVOCATION, R/O. BEEMOLU VILLAGE, GOPALAPURAMMANDAL, WEST GODAVARI DISTRICT. 10. KAKULAPATISRINU BULIYYA, S/O. VENKATARAO, HINDU, MALE, AGE 45 YEARS, R/O. BEEMOLU VILLAGE, GOPALAPURAMMANDAL, WEST GODAVARI DISTRICT. 11. KAKULAPATILALITHA, S/O. SRINU @ BULLIYYA, AGE 38 YEARS, R/O. BEEMOLU VILLAGE, GOPALAPURAMMANDAL, WEST GODAVARI DISTRICT. 12. KAKULAPATISEETHAYYA, S/O. ABBULU, HINDU, MALE, AGE 59 YEARS, R/O. BEEMOLU VILLAGE, GOPALAPURAMMANDAL, WEST GODAVARI DISTRICT. 13. KAKULAPATIMUNIMAMMA, W/O. VENKATARAO, HINDU, FEMALE, AGE 50 YEARS, R/O. BEEMOLU VILLAGE, GOPALAPURAMMANDAL, WEST GODAVARI DISTRICT. 14. VEMULURIPEDAKOVADAYYA, S/O. NOT KNOW, HINDU, MALE, AGE 55 YEARS, R/O. BEEMOLU VILLAGE, GOPALAPURAMMANDAL, WEST GODAVARI DISTRICT. 15. VEMULURI CHINA KOVADAYYA, S/O.SYMAON, HINDU, MALE, AGE 50 YEARS, R/O. BEEMOLU VILLAGE, GOPALAPURAMMANDAL, 3 16. PATHIPATIPOLAYYA, S/O. NOT KNOWN, HINDU, MALE, AGE 50 YEARS, R/O. BEEMOLU VILLAGE, GOPALAPURAMMANDAL, WEST GODAVARI DISTRICT. 17. PENUMAKASUBBARAO, S/O.NOT KNOWN, HINDU, MALE, AGE 58 YEARS, R/O. BEEMOLU VILLAGE, GOPALAPURAMMANDAL, WEST GODAVARI DISTRICT. 18. ORUGUNTIVENKATARAO, S/O. NOT KNOWN, HINDU, MALE, AGE 53 YEARS, R/O. BEEMOLU VILLAGE, GOPALAPURAMMANDAL, WEST GODAVARI DISTRICT. 19. VEMULURIRAMULU, S/O. SATTIYYA, HINDU, MALE, AGE 50 YEARS, R/O. BEEMOLU VILLAGE, GOPALAPURAMMANDAL, WEST GODAVARI DISTRICT. 20. CHAPALA VENKATARAO, S/O. KITTAYYA, HINDU, MALE, AGE 60 YEARS, R/O. BEEMOLU VILLAGE, GOPALAPURAMMANDAL, WEST GODAVARI DISTRICT. 21. ALLAKITTAYYA, S/O. IYYANNA, HINDU, MALE, AGE 55 YEARS, R/O. BEEMOLU VILLAGE, GOPALAPURAMMANDAL, WEST GODAVARI DISTRICT. 22. PILLIBOINAVENKATESWARARAO, S/O. VENKATARAO, HINDU, MALE, AGE 40 YEARS, R/O. BEEMOLU VILLAGE, GOPALAPURAMMANDAL, WEST GODAVARI DISTRICT. 23. MUPPIDIRAMBABU, S/O. NOT KNOWN, HINDU, MALE, AGE 45 YEARS, R/O. BEEMOLU VILLAGE, GOPALAPURAMMANDAL, WEST GODAVARI DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. MANGENA SREE RAMA RAO Counsel for the Respondent(S): 1. GP FOR HOME 2. SITA RAM CHAPARLA 3. SIVA SANKARA RAO BORRA 4 4. P NAGENDRA REDDY 5 The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to pass an order or orders particularly one in the nature of writ of Mandamus declaring the inaction on the part of Respondent/Police No. 3 to 6 in considering Petitioners Report/complaint dt. 12.06.2020 for police protection and to take necessary action against the unofficial Respondents with regard to the Petitioners and their property covered in different extents in different survey numbers in an extent of Ac.10.00 in R.S.No. 222, Ac. 9.00 cents in R.S.No. 216/2, Ac. 7.69 cents in R.S.No. 367, Ac. 1.24 cents in R.S.No. 393/1, Ac. 0.10 cents in R.S.No. 399/2, Ac. 7.99 cents in R.S.No. 230, Ac. 0.40 cents in R.S.No. 226/3, Ac. 0. 70 cents in R.S.No. 229/1, Ac. 0, 83 cents in R.S.No. 229/2, Ac,9.33 in R.S.No.340/2, Ac. 8.00 cents in R.S.No. 216/2 of Beemolu village of GopalapuramMandal, West Godavari Districtis contrary to the Judgment of Hon'ble Apex Court in G. Brahmayya and others v. Ala VenkataRao and others in (1990) 2 SCC 283, also Judgment of the Hon'ble Court in W.P.No. 954, 55 and 19851 of 2005, WA 1070, 1072 and 1076 of 2017, also injunction order in I.A.No. 1175 of 2017 in O.S.No. 76 of 2017 on the file of IX Addl. Districct Judge, West Godavari District at Kowur as illegal, irregular, arbitrary, un- constitutional violative of provisions of criminal procedure code, contrary to the findings of Apex Court in G. Brahmayya and others v. Ala VenkataRao and others in (1990) 2 SCC 283 and also offends Articles 14, 21 and 300A of Constitution of Indian, and consequently command the official respondents/ police 3 to 6 to provide police protection to the petitioners and their properties.…” 2. Heard Sri Mangena Sree Rama Rao, learned counsel for the petitioners, and Sri V. Farook, learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioners would submit that they have filed a civil suit and obtained a temporary injunction on merits. Learned counsel would further submit that this writ petition may be disposed of on the same 6 lines of W.P.No.16942 of 2021, since the subject property in this writ petition is a part of the subject property in W.P.No.16942 of 2021. 4. Learned Assistant Government Pleader would submit that they have not received any representation from the petitioners seeking police protection for the property of the petitioners. 5. Learned counsel for the unofficial respondents would submit that there is an alternate remedy available to the petitioners; however, they preferred the present writ petition. 6. Considering the submissions made, this writ petition is disposed of. However, there shall be a direction to the police to consider the representation of the petitioners and take appropriate steps according to law. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 06.08.2025 MH 7 49 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.10793 of 2025 Dated.06.08.2025 MH