APHC010241582025 IN THE HIGH COURT OF ANDHRA PRADESH^- ' AT AMARAVATI (Special Original Jurisdiction) fli MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 12500 OF 2025 Between: 1. The Machilipatnam Town Bismilla, Flower Merchant Association, its President Sayyad Davood Rep. by S/o. Sayyad Gouse, Aged 62 years, R/o.D.No.4-843, Rajupeta, Machilipatnam, Krishna District. 2. The Machilipatnam Association, Rep. by its Secretary Taheer Shareef, S/o.Dada Shareef, Aged 49 years, Machilipatnam, Krishna District. R/o.D.No.2-244, Chintaguntapalem, ...Petitioners AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary. Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Director General of Police DGP, Police Head Quarter, Mangalagiri, Guntur District. 3. The Superintendent of Police, Krishna District, Machilipatnam. 4. The Station House Officer, Inagudurupet Police Station, Krishna District. Home Machilipatnam 5. The Machilipatnam Nayi Masid (Mosque), Rep. by its President Abdul Salam, house of S/o. Abdul Gafoor, Aged 65 years, 0pp. Masid Road, Beside the Atchaba Nuruddinpet, Machilipatnam, Krishna District. 6. The Machilipatnam Nayi Masid Mosque, Rep. by its Secretary Sikindar Khan S/o. Philvan Khan, Aged 42 years, R/o.D.No.4-408, Backside of Madarasa, Rajupet, Machilipatnam, Krishna District. ...Respondents 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 to issue an appropriate Writ or Order or direction more particularly one in the nature of Writ of Mandamus declaring the action, things and deeds of Respondents in not providing police protection to enable the Petitioners to maintain the Shadikhana (The Machilipatnam Bismilla Flower Merchant situated in an extent of 1088 sq. yards in D.No.4/33-1, Nuruddinpet, Machilipatnam, Krishna District in pursuance of the Temporary Injunction Order dated 13-03-2025 in I.A.No.245/2024 in O,S.No.452/2024 on the file of the Court of the I Addl. Civil Judge (Junior Division), Machilipatnam granted in favour of the Petitioners and against the Respondents 5 and 6, which is illegal, irregular, arbitrary, un-constitutional, unjust, against to the provisions of B.N.S.S., and against the Settled Legal Position and in violation of Articles 14, 19, 21 and 300-A of Constitution of India, consequently direct the Respondents to provide Police Aid/Protection to enable the Petitioner to Association) maintain the Shadikhana (The Machilipatnam Bismilla Flower Merchant Association) situated in an extent of 1088 sq. yards in D.No.4/33-1, Nuruddinpet, Machilipatnam, Krishna District by considering the Representations dated 19-03-2025 and 26-05-2025 made by Petitioners Association. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondents 1 to 4 to provide necessary Police Aid/Protection to enable the Petitioner to maintain the Shadikhana (The Machilipatnam Bismilla Flower Merchant Association) situated in an extent of 1088 sq. yards in D.No.4/33-1, Nuruddinpet, Machilipatnam, Krishna District in pursuance of the Temporary Injunction Order dated 13-03-2025 in I.A.No.245/2024 in O.S.No.452/2024 on the file of the Court of the I Addl. Civil Judge (Junior Division), Machilipatnam by disposing the Representations dated 19-03-2025 & 26-05-2025 pending disposal of Writ Petition. Counsel for the Petitioners; SRI NARASIMHA RAO GUDISEVA Counsel for the Respondent Nos.1 to 4 : GP FOR HOME Counsel for the Respondent Nos.5 & 6 ; SRI G. RAMA KRISHNA The Court made the following order: t*- APHC010241582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 12500/2025 Between: 1.THE MACHILIPATNAM TOWN BISMILLA, FLOWER MERCHANT ASSOCIATION, REP. BY ITS PRESIDENT SAYYAD DAVOOD S/O SAYYAD GOUSE, AGED 62 YEARS, R/O.D.NO.4-843, RAJUPETA, MACHILIPATNAM, KRISHNA DISTRICT. 2.THE MACHILIPATNAM ASSOCIATION,, REP. BY ITS SECRETARY TAHEER SHAREEF, S/O DADA SHAREEF, AGED 49 YEARS, R/O.D.NO.2-244, CHINTAGUNTAPALEM, MACHILIPATNAM, KRISHNA DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH DURA PRADESH, REP BY ITS PRINCIPAL SECRETARY. HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE DIRECTOR GENERAL OF POLICE DGP, POLICE HEAD QUARTER, MANGALAGIRI, GUNTUR DISTRICT. 3.THE SUPERINTENDENT OF POLICE, KRISHNA DISTRICT, MACHILIPATNAM. 4.THE STATION HOUSE OFFICER, INAGUDURUPET POLICE STATION, MAOHILIPATNAM, KRISHNA DISTRICT. 5.THE MACHILIPATNAM NAYI MASID MOSQUE, REP. BY ITS PRESIDENT ABDUL SALAM, S/O ABDUL GAFOOR, AGED 65 YE.ARS, OPP. MASID ROAD, BESIDE THE HOUSE OF ATCHABA NLIRUDDINPET, MACHILIPATNAM, KRISHNA DISTRICT. 6.THE MACHILIPATNAM NAYI MASID MOSQUE, REP, BY ITS SECRETARY SIKINDAR KHAN S/O PHILVAN KHAN, AGED 42 YEARS, R/O.D.NO.4-408, BACKSIDE OF MADARASA, RAJLIPET, MACHILIPATNAM, KRISHNA DISTRICT. ..,RESPONDENT(S): Counse: fo: the Petition?r(S): 1.NARASIMHA RAO GUDISEVA Counsel for the Respondent(S): 2 1.GP FOR HOME 2.G RAMA KRISHNA The Court made the following: ORDER: This Writ Petition is filed under Artiele 226 of Constitution of India the following prayer for: with “....a Writ of Mandamus declaring the action, things and deeds of Respondents in not providing police protection to enable the Petitioners to maintain the Shadikhana (The Machilipatnam Bismilla Flower Merchant Association) situated in an extent of 1088 sq. yards in D No 4/33-1 Nuruddinpet, Machilipatnam, Krishna District in pursuance of the Temporary Injunction Order dated 13-03-2025 in I.A.No.245/2024 in O,S.No.452/2024 on the file of the Court of the I Addl. Civil Judge (Junior Division), Machilipatnam granted in favour of the Petitioners and against the Respondents 5 and 6, which is illegal, irregular, arbitrary, un constitutional, unjust, against to the provisions of B.N.S.S., and against the Settled Legal Position and in violation of Articles 14, 19, 21 and 300-A of Constitution of India, consequently direct the Respondents to provide Police Aid/Protection to enable the Petitioner to maintain the Shadikhana (The Machilipatnam Bismilla Flower Merchant Association) situated in an extent of 1088 sq. yards in D.No.4/33-1, Nuruddinpet, Machilipatnam, Krishna District by considering the Representations dated 19-03-2025 and 26-05-2025 made by Petitioners Association.” 2. Sri Md.Farooq, learned Assistant Government Pleader for Home written instructions, would submit that, in view of the pendency of the Writ Petition, Police will provide necessary protection to the Petitioner directions of the Hon’ble Court. 3. Sri Narasimha Rao Gudiseva, learned counsel for the Petitioner would submit, injunction orders have been passed in favour of the Petitioners in I.A.No.245 of 2024 in O.S.No.452/2024 on the file of the Court of I Additional Civil Judge(Junior Division), Machilipatnam, dated 13.03.2025, on merits and hence, Police protection may be granted. , on as per the w 3 Sri G.Rama Krishna, learned counsel for the unofficial Respondents 4. would submit that they preferred C.M.A against the injunction order, however, no stay has been granted therein. Considering the submissions made, the Writ Petition is disposed of 5. directing the Police to attend the representation of the Petitioners by giving Police protection till the injunction order is in force. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary. Home Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Director General of Police DGP, Police Head Quarter, Mangalagiri, Guntur District. 3. The Superintendent of Police, Krishna District, Machilipatnam. 4. The Station House Officer, Inagudurupet Police Station, Machilipatnam, Krishna District. 5. One CC to Sri Narasimha Rao Gudiseva, Advocate [OPUC] 6. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 7. One CC to Sri G. Rama Krishna, Advocate [OPUC] 8. Two CD Copies Cnr HIGH COURT DATED:21/07/2025 ORDER WP NO. 12500 OF 2025 S( 3 1 JUL 2025 )!; /eo entSectio|jx^>^ DISPOSING OF THE W.P. WITHOUT COSTS