1 APHC010366352025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18384/2025 Between: 1. MANJULA VENKATA SWAMY, AGED 63 YEARS S/O. LATE. MANJULA PEDDA BALANNA, H.NO. 24-450-1A-217, NANDAMURI NAGAR, NANDYAL TOWN, NANDYAL DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, SECRETARIAT BUILDINGS, VELAGAPUDI. GUNTUR DISTRICT, AMARAVATHI. 2. THE SUPERINTENDENT OF POLICE, NANDYAL, NANDYAL DISTRICT. 3. THE DEPUTY SUPERINTENDENT OF POLICE, NANDYAL, NANDYAL DISTRICT. 4. THE STATION HOUSE OFFICER, NANDYAL TALUKA POLICE STATION NANDYAL 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 of Mandamus Declaring the inaction of 4TH Respondent in not considering the Petitioners representation dated 03.07.2025 and not taking steps to prevent unlawful interference as illegal, arbitrary and violative of Article 14, 21 of the Constitution of India and Consequently direct the 4th Respondent to take immediate action on the 2 representation dated 03.07.2025 and to provide police protection to the Petitioner for safeguarding his peaceful possession and cultivation over the land in Sy.No.99-A to an extent of Ac 0.59 Cents of Pulimaddi Village, Nandyal Mandal, Nandyal District and pass IA NO: 1 OF 2025 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 4TH Respondent to provide immediate police protection to the Petitioner for safeguarding his property in Sy.No.99-A to an extent of AcO.59 Cents of Pulimaddi Village, Nandyal Mandal, Nandyal District from unlawful interference, threats and pass Counsel for the Petitioner: 1. THATHIREDDY ASHOK SRIVASTAVA Counsel for the Respondent(S): 1. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18384/2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue an appropriate Writ, Order or direction more pleased to issue a Writ of Mandamus Declaring the inaction of 4TH Respondent in not considering the Petitioners representation dated 03.07.2025 and not taking steps to prevent unlawful interference as illegal, arbitrary and violative of Article 14, 21 of the Constitution of India and Consequently direct the 4th Respondent to take immediate action on the representation dated 03.07.2025 and to provide police protection to the Petitioner for safeguarding his peaceful possession and cultivation over the land in Sy.No.99-A to an extent of Ac 0.59 Cents of Pulimaddi Village, Nandyal Mandal, Nandyal District and pass such…” 2. When the matter is taken up for hearing, Sri Thathireddy Ashok Srivastava, learned counsel for the Petitioner would submit that an ad-interim injunction has been granted in favour of Petitioner vide Orders dated 01.07.2021 in I.A.No.816 of 2021 in O.S.No.499 of 2021 on the file of the Principal Junior Civil Judge, Nandyal. It is further submitted that inspite of the said orders, one Sri Bojja Maheswara Reddy has been disturbing their possession and enjoyment over the subject property. They have submitted a complaint to the 4th respondent dated 03.07.2025, but no action has been taken so far. As there is no alternative remedy, they have filed the present writ petition. 3. With the consent of the learned counsel for the Petitioner, this Court is inclined to dispose of the matter at the stage of admission. 4 4. Admittedly, a civil suit has been filed by the Petitioner herein in O.S.No.499 of 2021 which is pending on the file of the Principal Junior Civil Judge, Nandyal. During the subsistence of the said suit, a petition in I.A.No.816 of 2021 was filed seeking temporary injunction, wherein the Petitioner has obtained an order of ad-interim injunction dated 01.07.2021, even before the Respondents entered their appearance in the said suit. In support of his contention learned counsel for the Petitioner has placed reliance on the judgment of this Court in Sathi Vinod Kumar Reddy vs. State of A.P., and Others1 wherein at Para Nos.16 and 17 it was held as under: “16. The Honourable Apex Court in the case of P.R.Murlidharan and others v. Swami Dharmananda Theertha Padar and others held at Para No.19 that :- “A writ for “police protection” so-called, has only a limited scope, as, when the court is approached for protection of rights declared by a decree or by an order passed by a civil court. It cannot be extended to cases where rights have not been determined either finally by the civil court or, at least at an interlocutory stage in an unambiguous manner, and then too in furtherance of the decree or order. 17. Therefore, the legal position is now clear that when there was a decree passed or an order at interlocutory stage, like the present one on merits, after hearing both the parties, writ Court can grant police aid by entertaining the writ petition filed to that effect for effective implementation of the said temporary injunction order.” 1 MNU/AP/0803/2021 5 5. The above judgment is not helpful to the case of the Petitioner since the interim order passed therein, was on merits. In the light of same, learned counsel for the Petitioner would submit the petition may be disposed of by giving liberty to the Petitioner to seek the very same relief before the trial Court. Learned counsel further would submit that their representation is pending before the Police. 6. In that view, the writ petition is disposed of. However, the Petitioner is at liberty to recourse his remedy before the trial Court in case of violation of the order passed by the Court in O.S.No.499 of 2021. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 21.07.2025 UPS 6 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.18384 of 2025 Dated.21.07.2025 UPS 88