APHC010272412019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] TUESDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 12484/2019 Between: 1. M NAGALAKSHMI, W/O SRI M. V. ANCHARAIAH, AGED ABOUT 45 YEARS, 2. M. V. NANCHARAIAH, S/O SRI M. V. VENKATA RAMAIAH, AGED ABOUT 51 YEARS, BOTH ARE RESIDING AT D. NO. 30/965-2, CHINA VULLINGIPALEM, MACHILIPATNAM KRISHNA DISTRICT ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI,GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, KRISHNA DISTRICT,MACHILIPATNAM. 3. THE STATION HOUSE OFFICER, GUDURU POLICE STATION, GUDURU, GUDURU MANDAL, KRISHNA 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 to issue a Writ, Order or Direction more particularly one in the nature of a WRIT OF MANDAMUS declaring the inaction of the respondents herein in providing 2 police protection to the petitioners as per the complaint lodged by them on 13.8.2019 while trying to fence their lands admeasuring Ac. 0.83 Cents in R. S. No. 258/2 of Rayavaram Village, Guduru Mandal, Krishna District as arbitrary, illegal, capricious, high handed, violative of Articles 14, 21 and the guarantee under 300- A of the Constitution of India apart from being in violation of the principles of natural justice and fair play and also the guidelines of the Honourable Supreme Court of India as held in Lalitha Kumari Vs State of U P and consequently direct the respondents herein not allow the persons referred to in the complaint dated 13.08.2019 made by the petitioners herein to interfere with the peaceful physical possession and continuous enjoyment of the petitioner in respect of the land admeasuring Ac. 0.83 Cents in R. S. No. 258/2 of Rayavaram Village, Guduru Mandal, Krishna District in any manner whatsoever IA NO: 1 OF 2019 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 to direct the respondents not to allow any third parties to interfere with peaceful physical possession and enjoyment of the property of the petitioner in respect of the land admeasuring Ac. 0.83 Cents in R. S. No. 258/2 of Rayavaram Village, Guduru Mandal, Krishna District in any manner whatsoever including dispossession of the petitioner from the said property pending disposal of the above writ petition IA NO: 2 OF 2019 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 to DIRECT the respondents to dispose of the complaint made by the petitioners herein on 13.08.2019 by registering the same and providing the protection to the petitioners herein pending disposal of the above writ petition Counsel for the Petitioner(S): 1. M K TIRUPAMA DEVI Counsel for the Respondent(S): 1. GP FOR HOME (AP) 3 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI WRIT PETITION NO: 12484 of 2019 The Court made the following Order: Heard learned counsel for the petitioners and learned Additional Government Pleader representing the State. 2. Learned Additional Government Pleader on written instructions would submit that the issue involved in the present Writ Petition is of civil in nature and a civil suit is pending in OS No.274 of 2018 before the concerned Court. 3. Learned counsel for the petitioners would submit that the suit was decreed and later, the petitioners filed EP and the same is pending before the Civil Court. 4. In that view of the matter, this Court is of the considered opinion that this Court cannot conduct a roving enquiry into the civil disputes under Article 226 of the Constitution of India, as laid down by the Hon’ble Apex Court P.Muralidharan & Ors Vs. Swami Dharmananda Theertha Padar & Ors1. However, the petitioner is at liberty to prosecute the Execution Petition already filed before the concerned Court, for necessary police protection, in accordance with law. 1 (2006) 4 SCC 501 4 5. Accordingly, this Writ Petition is closed at the stage of admission itself. No order as to costs. Interlocutory applications, if any, pending shall stand closed. ______________________________ JUSTICE B.V.L.N. CHAKRAVARTHI Dated: 09.09.2025 PSA 5 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI WRIT PETITION NO: 12484 of 2019 Date: 09.09.2025 PSA