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2025 DAILYLAW 18928 (AP)

K SUBBAREDDY v. THE STATE OF AP

WP/15133/2021 · 2025-08-03

Venkata Jyothirmai Pratapa

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Judgment text

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N ,8 ‘h APHC010261302021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY.THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 15133 OF 2021 Between: 1. Kamma Subba Lakshmi, W/o. Koteswara Rao, Aged 56 years, Occ Cultivation, 2. Kamma Jyothsna Sai, W/o. Tulasi Ratna Rao, Aged 29 years, Occ Cultivation, R/o. Suryachandra Rao pet, H/o. Pangidigudem village, Dwaraka Tirumala Mandal, West Godavari District ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Government, Home Department, Secretariat, Velagapudi, Amaravati Guntur District. 2. The Superintendent of Police, West Godavari District at Eluru. 3. The Deputy Superintendent of Police, Eiuru, West Godavari District. 4. The Inspector of Police, Bhimadole Police Station District. 5. The Station House Officer, Dwaraka Tirumala Police Station, Tirumala Village and Mandal. West Godavari District. 6. Bandula Manikyam W/o. Late Venkata Swamy, Aged about 68 7. Bandula Ravi, S/o. Late Venkata Swamy, Aged about 39 to West Godavari Dwaraka years. years. 8. Bandula Rambabu, S/o. Late Venkata 9. Bandula Krishna, S/o. Late Venkata 10. Bandula Venkateswara Rao, 35 years, 11. Bandula Kodayya, S/o. Late Venkata Swamy, Aged about 34 Respondents 6 to 11 are residents of D.No.2-06, Pangidigudem Dwaraka Tirumala Mandal, West Godavari District. Swamy, Aged about 37 Swamy, Aged about 36 S/o. Late Venkata Swamy, Agei about years. years. yeprs, village ...RESPONPENTS Constitution of India praying that arcumstances stated in the affidavit filed therewith, the High Court pleased to issue Petition under Article 226 of the in the nlay be na ure of a writ, order or direction WRIT OF MANDAMUS declaring 5 on petitioners more particularly one in the the inaction on the part of responden representation dated 05.07.2021 submitted for aid for their agricultural landed s 2 to granting Dolice properties of Ac. 1.24 Cents in Sy.No.5>5/lB -r- , Sy.No.525/1A of Pangidigudem village Dwaraka 171' I.A.No.302/2020 in O.S.No.93/2020 passed Learned Junior Civil Judge-Cum and Ac. 1.23 14 Cents i order in on 16.10.2020 by the court of -Judicial I Class Magistrate at Bhimadoie and amounts to , as illegal, irregular, irrational non discharge of legal oblig|ation conferred on the part of respondents 2 to 5 and offends Articles 14 Constitution of India and and 21 of to ^rant said consequently direct the respondents 2 to 5 to undertake agricultural police aid to petitioners landed properties. operations in their jA NO: 1 OF 9071 Petition under Section 151 CPC in the affidavit filed i praying that in the circumstances stated in support of the petition, the High Court direct the respondents 2 to may be please d to 5 to grant police-aid to petitioners to cultivate in properties of Ac. 1.24 Cents in Sy.No.525/1B and in Sy.No.525/1A of Pangidigudem their agricultural landed 1-23 Va Cents i Ac. village, Dwaraka Tirumala District, in pursuance of Injunction order Mandal, West Godavari in on 16.10.2020 by the e umor Civil Judge-Cum-Judicial I Class Magistrate pending disposal of main Writ Petition. Counsel for the Petitioners: Counsel for the Respondent Counsel for the Respondent The Court made the following court of at Bhimadole, SRI SIVA SANKARA RAO BORRA Nos.1 to 5: GP FOR HOME Nos.6to11:— order: APHC010261302021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 15133/2021 Between: 1.K SUBBAREDDY, KAMMA SUBBA LAKSHMI, W/0. KOTESWARA RAO, AGED 56 YEARS, OCC CULTIVATION, 2.KAMMA JYOTHSNA SAI, KAMMA JYOTHSNA SAI W/0. TU|_ASI RATNA RAO, AGED 29 YEARS, OCC CULTIVATION, SURYACHANDRA RAO PET, H/0. PANGIDIGUDEM VILLAGE DWARAKA TIRUMALA MANUAL, WEST GODAVARI DISTRICT R/0. ...PETITIONER(S) AND 1. THE STATE OF AP, THE STATE OF ANDHRA PRADESH, REF . BY ITS PRINCIPAL SECRETARY TO GO VERNMENT, HDME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARA'/ATI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, THE SUPERINTENDENT OF POLICE, WEST GODAVARI DISTRICT AT ELURU. 3. THE DEPUTY SUPERITENDENT OF POLICE, THE DEF'UTY SUPERINTENDENT OF POLICE, ELURU, WEST GODAVARI DISTRICT. 4. THE INSPECTOR OF POLICE, THE INSPECTOR OF PO BHIMADOLE POLICE STATION, WEST GODAVARI DISTRICT. JCE, 5. THE STATION HOUSE OFFICER, THE STATION HOUSE OFFICER, DWARAKA TIRUMALA POLICE STATION, DWARAKA TIRUf/IALA 2 VILLAGE AND MANDAL, WEST GODAVARI DISTRICT. 6. BANDULA MANIKYAM. BANDULA MANIKYAM W/0. VENKATA SWAMY, AGED ABOUT 68 YEARS LATE 7. B RAVI, BANDULA RAVI, S/0. ABOUT 39 YEARS, LATE VENKATA SWAMY. AGED 8. B RAM BABU, BANDULA RAMBABU, S/0. LATE VENKATA SWAMY, AGED ABOUT 37 YEARS, D.NO 6 TO 11 ARE RESIDENT OF D NO 2-06 PANGIDIGUDEM VILLAGE DWARAKA TIRUMALA MANDAL WEST GODAVARI DISTRICT 9. B KRISHNA, BANDULA KRISHNA, S/0. LATE VENKATA SWAMY AGED ABOUT 36 YEARS, D.NO,2-06 PANGIDIGUDEM VILLAGE DWARAKA TIRUJMALA MANDAL WG DIST 10.B VENKATESWARARAO, BANDULA VENKATESWARA LATE VENKATA SWAMY, AGED ABOUT RAO, S/0. ^ 35 YEARS,D.NO 2-06 PANGIDIGUDEM VILALGE DWARAKA TIRUMALA MANDAL 11. BANDULA KODAYYA, BANDULA VENKATESWARA LATE VENKATA SWAMY, AGED ABOUT RAO, S/0. 35 YEARS, D.NO.2-06 PANGIDIGUDEM VILLAGE DWARAKA TIRUMALA MANDAL ...RESPONDENT(S): Counsel for the Petitioner(S): 1 .SIVA SANKARA RAO BORRA Counsel for the Respondent(S): 1.GP FOR HOME 3 The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of Indie with the following prayer; .... to issue a writ, order or direction more particularly one in the na WRIT OF MANDAMUS declaring the inaction on the part of responden 5 on petitioners representation dated 05.07.2021 submitted for granting aid for their agricultural landed properties of Ac. 1.24 Cents in Sy.No.525/IB and Ac. 1.23 72 Cents in Sy.No.525/1A of Pangidigudem village, Dwaraka Tirumala Mandal, West Godavari District, in pursuance of Injunction otder in I.A.No.302/2020 in O.S.No. 93/2020 passed on 16.10.2020 by the court of Learned Junior Civil Judge Cum Judicial I Class Magistrate at Bhimadnie, as illegal, irregular, irrational and amounts to non discharge of legal obligation conferred on the part of respondents 2 to 5 and offends Articles 14 anc Constitution of India and consequently direct the respondents 2 to 5 tc police aid to petitioners to undertake agricultural operations in the landed properties and pass ” Heard Sri Siva Sankara Rao Borra, learned counsel for the peti and V.Farook, learned Assistant Government Pleader for Home. ^ jre of s 2 to Dolice 21 of grant r said ;ioners 2. Learned counsel for the petitioners would submit that the police considering the petitioners’ representation dated 05.07.2021, for Granting protection for their agricultural lands. are not 3. Learned Assistant Government Pleader for Home on written insti actions would submit that there are no specific orders to the police to provide 5 police protection to the subject suit scheduled lands and it is open to the pe to make an application before the concerned Court seeking police prot 4. Jtioners action. 4 V* 5. Recording the same, (his writ petition is disposed of. However are at liberty to work the petitioners out their remedies before the appropriate forum. There shall be no order as to costs. As a sequel thereto miscellaneous petitions pending . if any, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR SECTIWKy^FICER //TRUE COPY// To, 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Government, Home Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Superintendent of Police, West Godavari District at Eluru. 3. The Deputy Superintendent of Police, Eluru, West Godavari District. 4. The Inspector of Police, Bhimadole Police Station, West Godavari District. 5. The Station House Officer, Dwaraka Tirumala Police Station, Dwaraka Tirumala Village and Mandal, West Godavari District. 6. One CC to Sri Siva Sankara Rao Borra, Advocate [OPUC] 7. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 8. Two CD Copies. to ssb * HIGH COURT DATED:04/08/2025 I 2 fl AUG 2025 ^ Current ;>eciion %^esPATC>^S^ ORDER WP No.15133 OF 2021 m Oi, DISPOSING OF THE W.P. WITHOUT COSTS