APHC010418832025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21459/2025 Between: 1. MIR MAZHAR ALI,, S/O. J.M. KAZIM ALI SAHEB, AGED ABOUT 50 YEARS, OCC HEREDITARY MUTAWALLI OF HAZARATH PASHA SHAHEED DARGAH, R/0. D.NO. 6B-2-59, SOUTHERN STREET, PONANGI ROAD, ELURU, ANDHRA PRADESH MIR GULAM MURTUZA ALI, S/O. MIR MAZHAR ALI, AGED ABOUT 26 YEARS, OCC HEREDITARY MUTAWALLI OF HAZARATH PASHA SHAHEED DARGAH, R/0 D.NO. 6B-2-59, SOUTHERN STREET, PONANGI ROAD, ELURU, ANDHRA PRADESH. 2. MIR GULAM MURTUZA ALI,, S/O. MIR MAZHAR ALI, AGED ABOUT 26 YEARS, OCC HEREDITARY MUTAWALLI OF HAZARATH PASHA SHAHEED DARGAH, R/0 D.NO. 6B-2-59, SOUTHERN STREET, PONANGI ROAD, ELURU, ANDHRA PRADESH. 3. J.M. KAZIM ALI, S/O. (LATE) MIR GULAM MURTUZA ALI WAQF NOTIFIED MUTHAWALI AGED ABOUT 75 YEARS OCC HEREDITARY MUTAWALLI OF HAZARATH PASHA SHAHEED DARGAH, R/0. D.NO. 6B-2-59, SOUTHERN STREET, PONANGI ROAD, ELURU, ANDHRA PRADESH ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE, A.P SECRETARIATE, VELAGAPUDI, AMARAVATHI -522238. 2 2. DISTRICT COLLECTOR AND MAGISTRATE, ELURU DISTRICT, AP , 534006. 3. THE REVENUE DIVISIONA, OFFICER AND SUB-DIVISIONAL MAGISTRATE, ELURU DISTRICT, A.P -534006. 4. THE SUPERINTENDENT OF POLICE, ELURU DISTRICT -534006, A.P 5. THE SUB DIVISIONAL POLICE OFFICER, ELURU -534006 A.P. 6. THE INSPECTOR OF POLICE, RURAL POLICE STATION, ELURU - 534001, A.P 7. THE SUB INSPECTOR OF POLICE, RURAL POLICE STATION, ELURU -534001, A.P 8. THE MANDAL EXECUTIVE MAGISTRATE AND TAHSILDAR, ELURU MANDAL, ELURU DISTRICT., A.P 9. THE VILLAGE REVENUE OFFICER, PONANGI VILLAGE, ELURU MANDAL AND DISTRICT, A.P ...RESPONDENT(S): Counsel for the Petitioner(S): 1. MD SALEEM PASHA Counsel for the Respondent(S): 1. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21459 of 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue a writ of mandamus under Article 226 of constitution of India, for not considering the petitioners representations dated 18.07.2025, 02.08.2025 and 04.08.2025 and violation of the orders of the 8th respondent Tahsildar, Eluru and consequently pleased to direct the respondents to initiate action against encroachers in the subject land by complying the orders of the 8th respondent Tahsildar, Eluru, in the interests of natural justice and Articles 14, 16 and 21 of constitution of India, and to pass such.…” 2. Heard Sri Md Saleem Pasha, , learned counsel for the petitioners and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents. 3. Learned counsel for the petitioners would submit that petitioners’ land has been encroached by the unofficial respondents. Despite the reports from the Tahsildar, the police are not responding to their cause. 4. Learned Assistant Government Pleader for Home would submit that the subject matter is of civil in nature and hence, the police are not interfering in the civil disputes between the parties. 5. Considering the submissions, as rightly put by the learned Assistant Government Pleader for Home, since, the subject matter is of civil in nature, this Writ Petition is disposed of, giving liberty to the petitioners to work out 4 their remedies before the appropriate forum according to law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 04.09.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.21459 of 2025 Dated.04.09.2025 UPS 152