APHC010665712025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE TWENTIETH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 34553/2025 Between: 1. N V VEERARAGHAVULU, S/O. N.V.S. PRAKASH RAO, AGED ABOUT 66 YEARS, OCC. AGRICULTURE, R/O. D.NO. 19-24, VINAYAKA STREET, J.P. ROAD, KUPPAM TOWN AND POST AND MANDAL, CHITTOOR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, CHITTOOR DISTRICT, CHITTOOR. 3. THE DEPUTY SUPERINTENDENT OF POLICE, KUPPAM, CHITTOOR DISTRICT. 4. THE CIRCLE INSPECTOR, RAMAKUPPAM RURAL CHITTOOR DISTRICT. 5. THE SUB INSPECTOR OF POLICE, RAMAKUPPAM MANDAL, CHITTOOR DISTRICT. 6. SREENIVASULU, S/O MUNUSWAMY, AGED ABOUT 56 YEARS, OCC. AGRICULTURE, 7. JAYA KUMAR, S/O SREENIVASULU, AGED ABOUT 32 YEARS, OCC. AGRICULTURE 2 8. RAMESH, S/O SUBRAMANYAM, AGED ABOUT 31 YEARS, OCC. AGRICULTURE ABOVE RESPONDENTS NO. 6 TO 8 ARE RESIDING AT BATTUVARIPALLI VILLAGE, H/O. VIJALAPURAM VILLAGE, RAMAKUPPAM MANDAL, CHITTOOR DISTRICT ...RESPONDENT(S): Counsel for the Petitioner: 1. B.V.DURGA PRASAD Counsel for the Respondent(S): 1. GP FOR HOME WRIT PETITION NO: 34555/2025 Between: 1. N V VEERARAGHAVULUN, S/O. N.V.S. PRAKASH RAO, AGED ABOUT 66 YEARS, OCC. AGRICULTURE, R/O. D.NO. 19-24, VINAYAKA STREET, J.P. ROAD, KUPPAM TOWN AND POST AND MANDAL, CHITTOOR DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, CHITTOOR DISTRICT, CHITTOOR. 3. THE DEPUTY SUPERINTENDENT OF POLICE, KUPPAM, CHITTOOR DISTRICT. 4. THE CIRCLE INSPECTOR, RAMAKUPPAM RURAL CHITTOOR DISTRICT. 5. THE SUB INSPECTOR OF POLICE, RAMAKUPPAM MANDAL, CHITTOOR DISTRICT. 6. N SARASWATHAMMA, W/O N. NAGA VENKATAPATHI TRINADH, AGED ABOUT 67 YEARS, OCC. AGRICULTURE, 3 7. N NAGENDRA, S/O N. NAGA VENKATAPATHI TRINADH, AGED ABOUT 45 YEARS, OCC. AGRICULTURE 8. N KRISHNAMURTHY, S/O N. NAGA VENKATAPATHI TRINADH, AGED ABOUT 43 YEARS, OCC. AGRICULTURE ABOVE RESPONDENTS NO. 6 TO 8 ARE RESIDING AT BATTUVARIPALLI VILLAGE, H/O. VIJALAPURAM VILLAGE, RAMAKUPPAM MANDAL, CHITTOOR DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. B.V.DURGA PRASAD Counsel for the Respondent(S): 1. GP FOR HOME 2. MAHADEVA KANTHRIGALA The Court made the following COMMON ORDER: The Writ Petition No.34553 has been filed for the following relief: “…to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of the respondents No.2 to 5 in providing police aid to the persons and properties in an extant of Ac.0.68 Cents in Sy.No.5/9C3C2/2B of BattuvariPalli Village, Ram Kuppam Mandal, Chittoor District, from the respondents No. 6 to 8 in pursuance of the injunction Decree, dated 13- 09- 2022 made in O.S.No.198 of 2021 on the file of the Principal Junior Civil Judge, Kuppam, Chittoor District, as arbitrary, illegal, abdication of the statutory duty cast on them, contrary to the well settled legal position apart from being violative of the fundamental rights guaranteed to petitioner under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents No.2 to 5 to provide the police aid to persons and properties in an extant of Ac.0.68 Cents in Sy.No.5/9C3C2/2B of BattuvariPalli Village, Ram Kuppam Mandal, Chittoor District, from the respondents No. 6 to 8 in pursuance of the injunction Decree, dated 13-09-2022 made in O.S.No.198 of 2021 on the file of the Principal Junior Civil Judge, Kuppam, Chittoor District, and pass …” 4 The Writ Petition No.34555 has been filed for the following relief: “…to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of the respondents No.2 to 5 in providing police aid to the persons and properties in an extant of Ac.0.80 Cents in Sy.No.5/4C of BattuvariPalli Village, Ram Kuppam Mandal, Chittoor District, from the respondents No. 6 to 8 in pursuance of the injunction Decree, dated 16-05- 2022 made in O.S.No.188 of 2020 on the file of the Principal Junior Civil Judge, Kuppam, Chittoor District, as arbitrary, illegal, abdication of the statutory duty cast on them, contrary to the well settled legal position apart from being violative of the fundamental rights guaranteed to petitioner under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents No.2 to 5 to provide the police aid to persons and properties in an extant of Ac.0.80 Cents in Sy.No.5/4C of BattuvariPalli Village, Ram Kuppam Mandal, Chittoor District, from the respondents No.6 to 8 in pursuance of the injunction Decree, dated 16-05-2022 made in O.S.No.188 of 2020 on the file of the Principal Junior Civil Judge, Kuppam, Chittoor District, and pass…” 2. Heard learned counsel for the Petitioner and the learned Assistant Government Pleader. Whereas, inasmuch as the petitioner and the respondents in the two writ petitions are one and the same, the matters are taken up together for consideration. 3. Mr. B.V.Durga Prasad, learned Counsel for the petitioner submits that even though the petitioner got a favourable order in O.S.No.188 of 2020 and O.S.No.198 of 2021 on the file of Principal Junior Civil Judge, Kuppam, the respondent Nos.6 to 8 have been interfering with the peaceful possession and enjoyment of the petitioner’s property. 4. Mr. Mahadeva Kantrigala, learned counsel for unofficial respondent Nos. 6 to 8, submits that the order passed in O.S. No. 188 of 2020 and O.S. No. 198 of 2021 by the learned Principal Junior Civil Judge, Kuppam, is only an exparte decree, which was not passed after hearing the defendants. The defendants therein have filed an application 5 under Order IX Rule 13 of the Civil Procedure Code, 1908 (for brevity, ‘the C.P.C.’) seeking to set aside the exparte decree. The said application has been pending for want of hearing, as no regular officer was posted there for hearing the cases. 5. Learned counsel for the unofficial respondents further submits that the official respondents/defendants in the above-mentioned two suits have been in peaceful possession and enjoyment of the property and urges that an order of status quo may be granted. 6. It is not within the realm of this Court to decide or to recognize the rights of the parties as to who is in possession and enjoyment of the property; it is in the exclusive domain of the competent Civil Court to pass appropriate orders upon hearing or recording evidence of both sides. When an order/decree of injunction, though ex parte in nature, is passed, until such order is modified or set aside, it has to be duly followed by the parties. When the police were requested to assist the petitioners, in whose favour an ex parte decree was granted, the police are expected to honour the decree granted by the competent Civil Court. 7. Learned counsel for the unofficial respondents submits that the petitioner has also filed an execution petition seeking execution of the ex parte decree, and the same is pending. 6 8. Having regard to the entire facts and circumstances of the case, and recording the submissions of the learned Assistant Government Pleader and the learned counsel for unofficial respondent Nos. 6 to 8, the Writ Petitions are disposed of, directing the respondent police to consider to provide police aid to the petitioners on submission of any application/representation pursuant to the decree dated 16.05.2022 in O.S. No. 188 of 2020 and the decree dated 13.09.2022 in O.S. No. 198 of 2021 on the file of the learned Principal Junior Civil Judge, Kuppam, until the said orders are modified or further orders are passed by the learned Principal Junior Civil Judge, Kuppam. 8. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ________________________ Dr.Y. LAKSHMANA RAO, J Date: 20.04.2026 SSA 7 70 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NOs: 34553 & 34555 of 2025 Date: 20.04.2026 SSA