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2025 DAILYLAW 18603 (AP)

Rangappa, v. The State of Andhra Pradesh,

WP/17017/2020 · 2025-09-02

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010258002020 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION Between: 1. Rangappa,, S/o Poojappa, Aged 51 years, Occ H/o Morubagal, Gudibanda Mandal, Anantapur District 1. The State of Andhra Pradesh, Rep.by the Principal Secretary, Home Department, Secretariat Buildings, At velagapudi, Amaravathi, Andhra Pradesh 2. The Superintendent of Police, Anantapur, Anantapur District. 3. The Station House Officer, Gudibanda Police Station, Gudibancia, Anantapur District. 4. Rangappa, S/o Saturn Rangappn, Aged H/o Morubagal, Gudibanda Mandril, Anantapur District 5. Dasappa, S/o Sauna Rangappa, Aged 43 years, Cultivation, R/o Talikera, h/o Morubagal, Gudibanda Mandal, Anantapur District 6. Nagarajappn, S/o Sauna Rangappa Talikera, H/o Morubagal, Gudibanda Mancini, Anantapur District 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 17017 OF 2020 1. Rangappa,, S/o Poojappa, Aged 51 years, Occ- Cultivation, R/o Talikera, H/o Morubagal, Gudibanda Mandal, Anantapur District ...Petitioner AND 1. The State of Andhra Pradesh, Rep.by the Principal Secretary, Home Secretariat Buildings, At velagapudi, Amaravathi, Andhra 2. The Superintendent of Police, Anantapur, Anantapur District. 3. The Station House Officer, Gudibanda Police Station, Gudibancia, 4. Rangappa, S/o Saturn Rangappn, Aged 50 years, Cultivation, R/o Talikera, H/o Morubagal, Gudibanda Mandril, Anantapur District 5. Dasappa, S/o Sauna Rangappa, Aged 43 years, Cultivation, R/o Talikera, h/o Morubagal, Gudibanda Mandal, Anantapur District 6. Nagarajappn, S/o Sauna Rangappa, Aged 46 years, Cultivation, R/o Talikera, H/o Morubagal, Gudibanda Mancini, Anantapur District IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA Cultivation, R/o Talikera, ...Petitioner 1. The State of Andhra Pradesh, Rep.by the Principal Secretary, Home Secretariat Buildings, At velagapudi, Amaravathi, Andhra 3. The Station House Officer, Gudibanda Police Station, Gudibancia, 50 years, Cultivation, R/o Talikera, 5. Dasappa, S/o Sauna Rangappa, Aged 43 years, Cultivation, R/o Talikera, , Aged 46 years, Cultivation, R/o 2 7. Ramakrishnappa, S/O.Kenda Rangappit, Aged 45 years, Cultivation, R/o Talikera, h/o Morubagal, Gudibanda Mandal, Anantapur 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 pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of 3rd respondent in granting police protection to the petitioner by considering his representation dated 12.06.2020 to prevent the breach of peace by taking necessary action against the persons disobey the court orders such as injunction as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and consequently direct the respondents to give police protection to the petitioner, and pass IA NO: 1 OF 2020 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 3rd respondent to consider petitioner's representation dated 12.06.2020 to provide police protection forthwith, pending disposal of the writ petition, and pass Counsel for the Petitioner: P NARAHARI BABU Counsel for the Respondents: GP FOR HOME Counsel for the Respondents: A PADMA The Court made the following order: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 17017 OF 2020 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “… pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of 3rd respondent in granting police protection to the petitioner by considering his representation dated 12.06.2020 to prevent the breach of peace by taking necessary action against the persons disobey the court orders such as injunction as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and consequently direct the respondents to give police protection to the petitioner, and pass..” 2. Heard Sri P.Narahari Babu, learned counsel for the petitioner, Sri Md.Farooq, learned Assistant Government Pleader for Home and Ms.A.Padma, learned counsel for the unofficial respondents. 3. When the matter is taken up for hearing, learned Assistant Government Pleader for Home would submit that since the subject dispute is civil in nature, the police authorities are not interfering in the civil dispute, particularly a civil suit is already pending between the parties. 4. Learned counsel for the unofficial respondents also submits that a civil suit is pending between the petitioner and the unofficial respondents and the same is coming up for trial before the competent Civil Court. 5. Learned Counsel for the petitioner would submit that recording the same, the petition may be disposed of, giving liberty to the petitioner to pursue the matter before appropriate forum. 4 6. Having regard to the submissions and in view of the fact that the civil suit between the parties is already pending before the competent civil court, this Court is of the considered view that no further orders are required in the present writ petition. Accordingly, the Writ Petition is disposed of, granting liberty to the petitioner to work out his remedies before the competent civil court where the civil proceedings are pending between the petitioner and the unofficial respondents. There shall be no order as to costs. As a sequel thereto, pending miscellaneous petitions if any, shall stands closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 03.09.2025. KKV 5 117 THE HONOURABLE DR JUsSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 17017 OF 2020 03.09.2025 KKV