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2025 DAILYLAW 16999 (AP)

B Yamuna v. The State of Andhra Pradesh

WP/11921/2024 · 2025-07-08

Harinath N

body2025

Judgment text

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1 HN, J W.P.No.11921_2024 APHC010230402024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 11921/2024 Between: 1. B YAMUNA,, W/O B V SUDHEER, AGED ABOUT 40 YEARS, OCC CULTIVATION R/O. PEDDAYELLAKUNTLA PANCHAYAT, CHOWDEPALLI MANDAL, PUNGANUR, CHITTOOR DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, A.P. 2. THE SUPERINTENDENT OF POLICE, CHITTOOR, CHITTOOR DISTRICT, ANDHRA PRADESH. 3. THE SUB INSPECTOR OF POLICE, CHOWDEPALLI POLICE STATION, CHOWDEPALLI, CHITTOOR DISTRICT. ANDHRA PRADESH. 4. THE STATION HOUSE OFFICER, CHOWDEPALLI POLICE STATION, CHOWDEPALLI, CHITTOOR DISTICT. ANDHRA PRADESH. 5. CHOKKACHARAN KUMAR, S/O VENKATRAMANA, AGED ABOUT 28 YEARS, R/O CHEDUGUTLAPALLI PEDDA YELLAKUNTIA PANCHAYAT, CHOWDEPALLI MANDAL, CHITTOOR DISTRICT. 2 HN, J W.P.No.11921_2024 6. REDDIVARIGANGI REDDY, S/O RAMI REDDY, AGED ABOUT 25 YEARS, R/O CHEDUGUTLAPALLI PEDDA YELLAKUNTIA PANCHAYAT, CHOWDEPALLI MANDAL, CHITTOOR DISTRICT. 7. C GANGADHAR, S/O CHOKKA KRISHNAPPA, AGED ABOUT 40 YEARS, R/O CHEDUGUTLAPALLI PEDDA YELLAKUNTIA PANCHAYAT, CHOWDEPALLI MANDAL, CHITTOOR DISTRICT. 8. CHOKKA ANIL KUMAR, S/O OBULAPPA, AGED ABOUT 25 YEARS, R/O CHEDUGUTLAPALLI, PEDDA YELLAKUNTIA PANCHAYAT, CHOWDEPALLI MANDAL, CHITTOOR DISTRICT. 9. BATHANI SURENDRA, S/O KRISHNAPPA, AGED ABOUT 25 YEARS, R/O CHEDUGUTLAPALLI PEDDA YELLAKUNTIA PANCHAYAT, CHOWDEPALLI MANDAL, CHITTOOR DISTRICT. 10. R MOHAN REDDY, S/O PEDDA KRISHNA REDDY, AGED ABOUT 25 YEARS, R/O CHEDUGUTLAPALLI, PEDDA YELLAKUNTIA PANCHAYAT, CHOWDEPALLI MANDAL, CHITTOOR DISTRICT. 11. C SRINATH, S/O YARRABOYANAPPA, AGED ABOUT 35 YEARS, R/O CHEDUGUTLAPALLI PEDDA YELLAKUNTIA PANCHAYAT, CHOWDEPALLI MANDAL, CHITTOOR DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a Writ, order or direction, especially one in the nature of Writ of Mandamus declaring the inaction of the respondents 2 to 4 in providing police protection to the petitioner herein in spite of the representation of petitioner, dated 22.04.2024 for implementing the ad-interim injunction granted in I.A. 22 of 2023 in O.S.No.54 of 2023 by the Court of the Principal Junior Civil Judge, Punganur, dated 08.02.2023, in respect of the land in Sy. No. 327/4, 327/5, 328/1, 328/2, 328/4, 328/5, 328/6, 329/1, 329/2, 329/3, 329/4, 329/5, 329/6, 329/7, 329/8, 329/9, 330/1 and 330/3 to an extent of Ac. 1.52 cents, Ac. 0.92 cents, Ac. 1.04 cents, Ac. 1.04 cents, Ac. 0.60 cents, Ac. 1.53 cents, Ac. 0.72 cents, Ac. 0.34 cents, Ac. 0.50 cents, Ac. 0.48 cents, Ac. 1.03 cents, Ac. 0.06 cents, Ac. 0.06 cents, Ac. 1.20 cents, Ac. 1.21 cents, Ac. 0.92 cents, Ac. 0.13 cents and Ac. 1.26 cents of Peddayellakuntla (Chintamakulapalli) village, Chowdepalli Mandal, Chittoor District, as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India, and 3 HN, J W.P.No.11921_2024 consequently direct the respondents 2 to 4 to give police protection to implement the ad- interim injunction granted in I.A. no. 22 of 2023 in O.S.No.54 of 2023 by the Court of the Principal Junior Civil Judge, Punganur, dated 08.02.2023, in respect of the land in Sy. No. 327/4, 327/5, 328/1, 328/2, 328/4, 328/5, 328/6, 329/1, 329/2, 329/3, 329/4, 329/5, 329/6, 329/7, 329/8, 329/9, 330/1 and 330/3 to an extent of Ac. 1.52 cents, Ac. 0.92 cents, Ac. 1.04 cents, Ac. 1.04 cents, Ac. 0.60 cents, Ac. 1.53 cents, Ac. 0.72 cents, Ac. 0.34 cents, Ac. 0.50 cents, Ac. 0.48 cents, Ac. 1.03 cents, Ac. 0.06 cents, Ac. 0.06 cents, Ac. 1.20 cents, Ac. 1.21 cents, Ac. 0.92 cents, Ac. 0.13 cents and Ac. 1.26 cents of Peddayellakuntla (Chintamakulapalli) Village, Chowdepalli Mandal, Chittoor District and pass IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondents 2 to 4 to consider the representation of petitioner, dated 22.04.2024 for implementing the ad-interim injunction granted in I.A. no. 22 of 2023 in O.S.No.54 of 2023 by the Court of the Principal Junior Civil Judge, Punganur, dated 08.02.2023, in respect of the land in Sy. No. 327/4, 327/5, 328/1, 328/2, 328/4, 328/5, 328/6, 329/1, 329/2, 329/3, 329/4, 329/5, 329/6, 329/7, 329/8, 329/9, 330/1 and 330/3 to an extent of Ac. 1.52 cents, Ac. 0.92 cents, Ac. 1.04 cents, Ac. 1.04 cents, Ac. 0.60 cents, Ac. 1.53 cents, Ac. 0.72 cents, Ac. 0.34 cents, Ac. 0.50 cents, Ac. 0.48 cents, Ac. 1.03 cents, Ac. 0.06 cents, Ac. 0.06 cents, Ac. 1.20 cents, Ac. 1.21 cents, Ac. 0.92 cents, Ac. 0.13 cents and Ac. 1.26 cents of Peddayellakuntla (Chintamakulapalli) village , Chowdepalli Mandal, Chittoor District, pending disposal of the writ petition and pass Counsel for the Petitioner: 1. AYESHA AZMA S Counsel for the Respondent(S): 1. GP FOR HOME 4 HN, J W.P.No.11921_2024 The Court made the following Order: 1. The learned counsel for the petitioner submits that the petitioner has filed a representation before the 4th respondent seeking police aid in implementing the order passed in O.S.No.54 of 2023. It is submitted that the Principal Junior Civil Judge, Punganur, granted ad-interim injunction in I.A.No.22 of 2023, restraining the respondents from interfering with the possession and enjoyment of the suit schedule property. Inspite of the said order from the Court, the respondent Nos.5 to 11 have been interfering with the possession of the petitioner. The petitioner submitted a representation on 22.04.2024, seeking police aid for implementation of the Court’s order. 2. The learned Assistant Government Pleader, on instructions, submits that the police have received a complaint, called both rival parties, and concluded that since a civil suit is pending, the police are not interfering. It is further submitted that the petitioner has also filed a petition seeking police protection before the learned Principal Junior Civil Judge, Punganur. However, it is informed that there is presently no regular Judicial Officer and the Court work of the Principal Junior Civil Judge, Punganur, is now being handled by an in-charge officer. As such, there is difficulty in approaching the Court for appropriate relief. 3. Considering the same, it is left open to the petitioner to submit a fresh representation to the 2nd and 4th respondents. The said respondents shall issue notices to respondent Nos.5 to 11 and consider the representation for 5 HN, J W.P.No.11921_2024 implementation of the Court’s order, subject to any further orders from the appellate Court. 4. Accordingly, this writ petition is disposed off. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date: 09.07.2025 NKA 6 HN, J W.P.No.11921_2024 361 HONOURABLE SRI JUSTICE HARINATH.N Writ Petition No.11921 of 2024 Date: 09.07.2025 NKA