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2025 DAILYLAW 21171 (AP)

Smt. Shaik Shameem v. The State of Andhra Pradesh

WP/15111/2024 · 2025-07-28

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010299172024 , * IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 15111 OF 2024 Between: 1. Smt. Shaik Shameem, W/o. Chand Basha, Aged about 53 years, Occ; Housewife R/o. Reddyvaripalli Village and Post, Kaspa, T.Sundupalli Mandal, Annarri^yya District. 2. Shaik Chand Basha,, S/o. Shaik Mabu Sab Aged about 63 years, Occ: R/o. Reddyvaripalli Village and Post, Mandal, Annamayya District. Cultivation Kaspa, T.Sundupalli ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Home, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Superintendent of Police, At Rayachoty, Annamayya Distirct. 3. The Deputy Superintendent of Police, Rayachoty, Annamayya District. 4. The Circle Inspector of Police, Rayachoty Rural Police Station, Annamayya District. 5. The Subinspector of Police, T.Sundupalli Police Station, Annamayya District. 6. Somalraju Eswaramma, W/o. Rama Raju, Aged about 57 years, R/o. Etigaddarachapalli, T.Sundupalli Village, Mandal, YSR Kadapa District. 7. Shaik Faridabi, W/o. Shaik Khadar Vali, Aged about 45 Sunupalli Village, Post and Mandal, YSR Kadapa District. 8. S.A.M Hussain, Father, name not known to the petitioner The Sub- Inspector of Police, T.Sundupalli Police Station, Annamayya District. ...Respondents years R/o. T. Petition unjer Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith the High Court may be pleased to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the blatant willful disobedience of the 5*^ respondent in executing the directions in order dated 01-05-2024 in Writ Petition No.1517 of 2024 by Hon’ble High provide police aid by perceiving the Permanent injunctions granted in suits vide .O.S. No.16 of 2013 and O.S.No.17 of 2013 court of AP to on the file of Hon’ble Principle Junior Civil Judge, Rayachoty impugned order dated 02-06-2024 directing the petitioner/s to approach competent civil court to receive the police aid, even after a prominent direction of Hon’ble High court as illegal, arbitrary and complete disregard towards the Hog’ble Constitutional High Court of AP and violation of Article 14, 16, 21 and 300-A of constitution of India as well as principles of Natural justice. Consequently, set aside the impugned order dated passed by the 5*'" respondent and remand and mechanically passing the 02/06/2024 back the representation of petitioners dated 16-12-2023 before 4‘^ and 5‘^ Respondents to consider afresh to pass appropriate orders in the interest of Justice. Counsel for the Petitioners: SRI MOHAMMAD GHALIB SHAHID Counsel for the Respondent No’s. 1 to 5: GP FOR HOME Counsel for the Respondent No’s. 6 to 8: — The Court made the following order: APHC010299172024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 15111/2024 Between; 1.SMT. SHAIK SHAMEEM, W/0. CHAND BASHA, AGED ABOUT 53 YEARS. OCC- HOUSEWIFE R/0. REDDYVARIPALLI VILLAGE AND POST, KASPA, T.SUNDUPALLI MANDAL, ANNAMAYYA DISTRICT. 2.SHAIK CHAND BASHA,, S/0. SHAIK MABU SAB AGED ABOUT 63 YEARS. OCC- CULTIVATION R/0. REDDYVARIPALLI VILLAGE AND POST, KASPA, T.SUNDUPALLI MANDAL, ANNAMAYYA DISTRICT. ...PETITIONER(S) ( AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL DEPARTMENT OF HOME, SECRETARIAT, SECRETARY, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE SUPERINTENDENT OF POLICE, AT RAYACHOTY, ANNAMAYYA DISTIRCT. 3.THE DEPUTY SUPERINTENDENT OF POLICE, RAYACHOTY, ANNAMAYYA DISTRICT. RAYACHOTY RURAL 4.THE CIRCLE INSPECTOR OF POLICE, POLICE STATION, ANNAMAYYA DISTRICT. 5.THE SUBINSPECTOR OF POLICE, T.SUNDUPALLI POLICE STATION, ANNAMAYYA DISTRICT. 6.SOMALRAJU ESWARAMMA, W/0. RAMA RAJU, AGED ABOUT 57 YEARS, R/O. ETIGADDARACHAPALLI, T.SUNDUPALLI VILLAGE, 2 MANDAL, YSR KADAPA DISTRICT. 7.SHAIK FARIDABI, W/0. SHAIK KHADAR VALI AGED ABOUT 4-^ 8.S A M HUSSAIN, FATHER NAME NOT KNOWN THE SUB-INSPECTOR OF TO THE PETITIONER T.SUNDUPALLI POLICE POLICE, STATION, ANNAMAYYA DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed fherewith, the High Court may be pleased tomay be pleased to issue an appropriate Writ, Order or Direction wiZi Writ of Mandamus declaring the blatant dated o'ro5^2n24^ °w respondent in executing the directions in order A^tn T f ,■ 2024 by Honble High court of AP to provide police aid by perceiving the Permanent injunctions granted i suits Ide O.S, No.16 of 2013 and O.S.No.17 of Principle Junior Civil Judge impugned order dated 02- in 2013 on the file of Honble , Rayachoty and mechanically passing the . 06-2024 directing the petitioner/s to approach competent civil court to receive the police aid, even after a prominent towarrthi H°"hr iustil!’ Con '"O'® principles of Natural set aside the impugned order dated 02/06/2024 passed by the 5th respondent and remand back the representation of aJrto oatr R^^Pn-tdents to consider afresh to pass appropriate orders in the interest of Justice and pass Counsel for the Petitioner(S): 1.MOHAMMAD GHALIB SHAHID Counsel for the Respondent(S): 1 .GP FOR HOME 3 The Court made the follnwinr| ORDER: This Writ Petition is filed under Article 226 of Constitution of india with , the following prayer; “ to issue an appropriate Writ, Order particularly one in the nature of Writ of Mandamus blatant willful disobedience of the 5th Direction more or declaring the respondent in executing the directions in order dated 01-05-2024 in Writ Petition No.1517 of 2024 by Honble High court of AP to provide police aid by perceiving the Permanent injunctions granted in suits ide OS No.16 of 2013 and O.S.No.17 of 2013 on the file of Honble Principle Junior Civil Judge, Rayachoty and mechanically passing the impugned order dated 02- 06-2024 directing the approach competent civil court to petitioner/s to receive the police aid, even after a prominent direction of Honble High court as illegal, arbitrary and complete disregard towards the Honble Constitutional High Court of AP and violation of Article 14, 16, 21 and 300-A of constitution of India as well as principles of Natural justice. Consequently set aside the impugned order dated r respondent and remand back the representation of petitioners dated 16-12-2023 before 4th and 5th Respondents to consider afresh to pass appropriate orders in the interest of Justice and pass ” 02/06/2024 passed by the 5th 2. Sri Md.Ghalib Sahid, learned counsel for the that as per the instructions from the Petition. Registry. petitioners would submit party, they wanted to withdraw this Writ memo dated 25.07.2025, has been filed in the To that effect, a 3. Learned counsel for the respondents is in attendance. Recording the submission made, the Writ Petition is dismissed withdrawn. There shall be no order as to costs. 4. as 4 X As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. 4 Sdl- B. PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// '■'/v SECTION OFFICER To. 1. One CC to SRI. MOHAMMAD GHALIB SHAHID 2. Two CCs to GP FOR HOME, High Court of Andhra Pradesh [OUT] 3. Three CD Copies Advocate [OPUC] PRK 4 4 \ HIGH COURT DATED;29/07/2025 I »1 SEP 2025 ^ . Current Section ORDER WP NO. 15111 OF 2024 DISMISSING THE WP AS WITHDRAWN WITHOUT COSTS