S\\. IN THE HIGH COURT OF ANDHRA PRADESH::AIVIARAV THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE I PRESENT THE HONOURABLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR AND THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT APPEAL NO: 704 OF 2025 Writ Appeal under clause 15 of the Letters Patent to set-aside the order dated 16.05.2025 passed in WP.No. 12784 of 2025 on the file of the High Court. .-, .+-`= Between : 1. G Chenganna, S/o. G. Chehg-aiah, Aged about 87 Years, R/o. Gadevari PaIIe, H/o. Booragamanda prama Panchayat Sodam Mandal Chittoor District. ;I,. 2. G. Ramanaiah, S/o. G. Chengalah, Aged 57 Years, R/o. Gadevari Palle, H/o. Booragamanda Grarfe`¢a +-P''anchayat Sodam MandaI Chittoor District. /~JL ...AppeIIants AND 1. A Padmavathi, W/o. Late. `:A,.,.,,Ramachandra, Aged about 55 years, Occ House Wife, R/o. GadeVari palle, H/o. Booragamanda Grama Panchayat Sodam MandaI, Chittoor District. 2. The State of Andhra Prade§h,I-Rep. by its Principal Secretary, Home Department, A.P. Secretariat, Amaravathi, Guntur District. 3. The SuperI'ntendent Of Police.;;,.C,hittoor, Chittoor District. 4. The Deputy Superinten-de-nt of Police, Palamaner, Chittoor District. 5. The Station House Officer,zLSOdam Police Station, Chittoor District. .__-I. 6. The District Collector, Ch`i'tto6r',`chittoor District. 7. The Revenue Divisiona!; -Officer/Sub-Collector, Palamaner, Chittoor District. 8. The Tahsildar, Sodam Man'dal Chittoor District. .``\_I \' I - ro--`i :wl- rf_ E=rl .`t, `antrS *;- .,+.±--"i..,`. `..i -i-i .+ f+;`.r1+-7`%`: ;uobba Raju, S/o. G. Chen-gaiah, Aged about 39 Years, Occ } ` I Bdsiness, R/o. GadevarLPalle, cH/o. Booragamanda Sodam Mandal : ChittoQr District. I t ' . S'`, .a. `.+. ;=l" |\- I lANO: 1 OF2025 ._ \` |4 `_l~:I-I , I I.I ,,.I I ...Respondents petition under sectiohJ~'--15''i'J`h``'`Cpc praying that in the circumstances stated in the affidavit filed in ,support of~the petition, the High Court may be ' a =' pleased to dispense with the fI'li-ng''Of the Original copy of the order passedi in the Writ Petition . -`\. I. lANO: 2OF2025 ...,.i..-.(;.'nj:::'J`=±:I.. -.I ,I.I-'tJ'.`.: petitI'On under Sectioh 15`1`'CPC praying that in the circumstances stated in the affidavit filed in subpdr{ of the petition, the High Court may be pleased to grant leave to the peli{i6ners to pursue the Writ Appeal being submitted against the ord'-6r§ -'p'a§sed jn w.p.No.12784 of 2025, Dt. 16.05.2025 -.... I..6,.i.-,i-=: - i,,.I. •»|r| lANO: 3OF2025 |\ .* petition under section 151 ~CPC praying that in the circumstances stated in the affidavit filed in s'upp6rt of the petition, the High Court may be pleased to suspend the orde.I.a. 'passed in w.p.No. 12784 of 2025, . + `-+ . = .3> |-_-.' `.-_ Dt.16.05.2025, pending disposar6f`¥he writ Appeal I. . ..'i-,_ i+I-.--\ . Counsel for the Appellants Zdm RI'~:N :P'RA M O D Counsel for the Respondent.I,NjO -i,::-I-SRI MD SALEEIVI I+. .-_-.I--. _ I I``.-.` .-`- counse[ for the Respondents No.2 t8 5: GP FOR HOME Counsel for the Respondents,NOi6-``to 8: GP FOR REVENUE counsel for the Respondent Nd.9:fNbne The Court made the following: -0-+t'du;'r I l',:.,.i i.. .l_ € -~''+.\ T`'= \ I `. -I `` I -..t`_:.A :-,I ` I- 3-. `= i\._i.I '_i J . ...`- cz--- {"- APHCO10293852025 lN THE HIGH COURT OF ANDHRA PRADESH Bench Sr,No:-77 E: ELF \\`... AT AMARAVATI WRIT APPEAL NO: 704 of 2025 G. Chenganna and another • Vs. A. Padmavathi and others Advocate for appellants Advocate for respondents ********** [3446] ...Appellants ...Respondents Sri N. Pramod Sri MD. Saleem, Smt S. Pranathi, learned Special Government Pleader. CORAM =THE CHIEF JUSTICE DHIRAJ SINGH THAKUR `sR[ JUSTICE R. RAGHUNANDAN RAO DATE : 19thJune2025 PC: The present Writ Appeal has been preferred against the judgment and order dated 16.05.2025 passed in W.P.No.12784 of 2025. 2. The grievance of the petitioner before.the learned single Judge was that her representations filed before the District Collector as also the police authorities were not looked into and in that regard, a prayer was made seeking mandamL,S tO take Steps in accordance 'With law on the representations so filed. 3. The learned sl-ngle Judge dI-SPOSed Of the Petition With a direction tO official respondent Nos.4 and 5 i.e., The Station House Officer, Sodam Poll-Ce Station, Chittoor District and the District Collector, Chittoor, 'Chittoor District to take steps in accordance with law. rfu 4. It Its Precisely this order is challenged on the ground that no direction A could have been given in the writ petition filed by the petitioner inasmuch as the issue between the parties pertains to a piece of property which has been the subject matter of a civil suit. It is stated that although the petitioner/respondent No,1 had obtained a decree from a civil Court and an Execution Petition was filed by her, the property in question did not belong to the judgment debtor but the appellant herein was never made a party respondent in the civI'l Suit. lt iS also Stated that the Petitioner Cannot be permitted in. law to have the decree executed against the appellant otherwise than through the Executing Court in accordance with law and that the direction for taking action on the representations in accordance with law was not warranted in law. 5. Having heard the leamed counsel for the parties, we are of the opinion that it is the Executing Court whI'Ch has the power tO issue appropriate directions to ensure execution of the decree and that action on the representations directly by the Collector or by the Station House Officer of the concerned police station would take away the rights of all those who would be the affected parties eI-ther in the execution Proceedings Or Who may Clai.m that the decree sought to be executed is either not executable as against them or for any other legal ground which may be available. J* 6. Be that aS it may, We Set aside the judgment and Order dated 16.05.2025 passed in W.P.No.12784 of 2025 by lthe learned Single Judge leaving the parties free to approach the appropr'lale forum. 7. Accordingly, the Writ appeal iS allowed. No costs. pending miscellaneous applications, if any7 Sha" Stand Closed. Sd/- E KAMESWARA RAO //TRUE COPY// JOINT REGISTRAR L SEeIION OFFICER 1. The Principal Secretary, State of Andhra Pradesh, Home Department, A.P. Secretariat, Amaravathi,'vGuntur District. 2. The Superintendent of PQIice, ChittooIT, Chittoor District. 3. The Deputy Superintendent of Police, Palamaner, Chittoor District. 4. The Station House Officer, Sodam Police Station, Chittoor District. 5. The` Di§t|rict'Collector, Chittoor`, Chittoor District. 6. The Re,dy!enu9S Divisior}al Officer/Sub-Collector, Palamaner, Chittoor D is``tri ct. Aal 7. Th6'iahsilq.arJ oSOdam TMa.ndaI Chittoor District. 8. One CC to SRI N PRAMOD Advocate [OPUC] 9. One CC to SRI MD SALEEM Advocate [OPUC] 10. Two cos to GP FOR HOM`E, I.High 'Court of Andhra Pradesh [OUT] ll. Two CCs to GP FOR REVENUE,, High Court of Andhra Pradesh [OUT] 12. Three CD Copies gSg / HIGH COURT DATED: 19/06/2025 ORDER wA.No.704 of 2025 ALLOWING THE WA WITHOUT COSTS