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2025 DAILYLAW 25976 (AP)

Mala Naga Ratnaiah, v. State of Andhra Pradesh,

WP/24459/2020 · 2025-08-31

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010367482020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 24459/2020 Between: 1. MALA NAGA RATNAIAH,, S/O. MUNI SWAMY, HINDU, AGED ABOUT 64 YEARS, AGRICULTURIST, DUDEKONDA VILLAGE, PATHIKONDA MANDAL, KURNOOL DISTRICT. 2. SMT. MALA ESWARAMMA,, W/O. MALA SRINIVASULU, AGED ABOUT 60 YEARS, AGRICULTURE, DUDEKONDA VILLAGE, PATHIKONDA MANDAL, KURNOOL DISTRICT. ...PETITIONER(S) AND 1. STATE OF ANDHRA PRADESH, HOME DEPARTMENT, SECRETARIAT, AMARAVATHI, REP. BY ITS SECRETARY. 2. THE SUPERINTENDENT OF POLICE, KURNOOL, KURNOOL DISTRICT. 3. THE STATION HOUSE OFFICER, PATHIKONDA POLICE STATION, HOLAGUNDA, KURNOOL DISTRICT. 4. THE TAHSILDAR, PATHIKONDA, KURNOOL DISTRICT. 5. KODAM NARAYANA, S/O. K. ANJINAIAH, AGED ABOUT 60 YEARS, DUDEKONDA VILLAGE, PATHIKOHDA MANDAL, KURNOOL DISTRICT. 6. KODAM LAKSHMAMMA, W/O. K. ESWARAPPA, AGED ABOUT 57 YEARS, DUDEKONDA VILLAGE, PATHIKONDA MANDAL, KURNOOL DISTRICT. 7. KODAM LAKSHMAMMA, W/O. KONDAM CHANDRAPPA, AGED ABOUT 48 YEARS, DUDEKONDA VILLAGE, PATHIKONDA MA NDAL, KURNOOL 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 topleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS, declaring action of the respondents more particularly the respondent No. 3 in not granting protection/aid to the petitioners and not taking appropriate action against the respondents No.5 to 7in respect of the petitioners' house sites in Sy.No. 526 admeasuring 3 cents each situated at Dudekonda Village, Pathikonda Mandal Kurnool District as illegal, arbitrary, unjust, without any authority and violative of Art. 14 and 21 of the Constitution of India and consequently DIRECT the respondents to grant protection/aid to the petitioners against the respondents No.5 to land their family members and pass IA NO: 1 OF 2020 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 respondents to grant protection/aid to the petitioners against the respondents No.5 to land their family members in respect of the petitioners' house site Sy.No. 526 admeasuring 3 cents situated at Dudekonda Village, Pathikonda Mandal, Kurnool District pending disposal of above writ petition and pass Counsel for the Petitioner(S): 1. BUTTA VIJAYA BHASKER Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “....to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS, declaring action of the respondents more particularly the respondent No. 3 in not granting protection/aid to the petitioners and not taking appropriate action against the respondents No.5 to 7in respect of the petitioners' house sites in Sy.No. 526 admeasuring 3 cents each situated at Dudekonda Village, Pathikonda Mandal Kurnool District as illegal, arbitrary, unjust, without any authority and violative of Art. 14 and 21 of the Constitution of India and consequently DIRECT the respondents to grant protection/aid to the petitioners against the respondents No.5 to land their family members and pass ...” 2. Heard Sri Butta Vijay Bhasker, learned counsel for the petitioners and Sri V.Farook, learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioners would submit that this petition is filed seeking police protection in the light of the ad-interim injunction obtained by the petitioners in a civil suit. Learned counsel would further submit that civil suit is still pending before the competent civil court. The order of injunction which was granted in favour of the petitioners was extended from time to time. 4. Learned Assistant Government Pleader would submit that Court may pass appropriate orders. 5. In that view, this writ petition is disposed of. However the petitioners are at liberty to pursue their remedies before the competent civil Court where the civil suit is pending. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:01.09.2025 MH HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA 242 W.P.No.24459 of 2020 Dt.01.09.2025 MH