Extracted from the PDF above. The PDF is authoritative.
APHC010464482025
IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY,THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 24194 OF 2025 Between:
1. SHAIK NAGUL MEERA, S/o.Mastan, Aged about 41 years, Occ Business, R/o.Thota Bazar, Jaggaiahpet, NTR District
1. THE STATION HOUSE OFFICER, Chillakallu Police Station, NTR District. 2. The Commissioner of Police, NTR Commissionarate, Vijayawada, NTR District. 3. The State of Andhra Pradesh, Rep by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 4. Venigalla Ramakoteswara Rao, S/o.Subba Rao, Aged R/o.Kakaninagar, Jaggaiahpet, NTR District. 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 pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the action of the Respondent No.l in insisting the Petitioner not to raise the crop in the land extent Ac.2 situated in Sy.No.l08/3A and 110/2A1 of Tirumalagiri Village, Jaggaiahpet 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA PETITION NO: 24194 OF 2025
1. SHAIK NAGUL MEERA, S/o.Mastan, Aged about 41 years, Occ Business, R/o.Thota Bazar, Jaggaiahpet, NTR District ...Petitioner AND
1. THE STATION HOUSE OFFICER, Chillakallu Police Station, NTR District. ioner of Police, NTR Commissionarate, Vijayawada, NTR
3. The State of Andhra Pradesh, Rep by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 4. Venigalla Ramakoteswara Rao, S/o.Subba Rao, Aged about 40 years, R/o.Kakaninagar, Jaggaiahpet, NTR District. ...Respondents 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, order or direction more particularly one in the nature of writ of Mandamus to declare the action of the Respondent No.l in insisting the Petitioner not to raise the crop in the land extent Ac.2 and 110/2A1 of Tirumalagiri Village, Jaggaiahpet IN THE HIGH COURT OF ANDHRA PRADESH
THURSDAY,THE ELEVENTH DAY OF SEPTEMBER THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
1. SHAIK NAGUL MEERA, S/o.Mastan, Aged about 41 years, Occ Business, ...Petitioner
1. THE STATION HOUSE OFFICER, Chillakallu Police Station, NTR District. ioner of Police, NTR Commissionarate, Vijayawada, NTR
3.
The State of Andhra Pradesh, Rep by its Principal Secretary, Home
about 40 years, ...Respondents 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, order or direction more particularly one in the nature of writ of Mandamus to declare the action of the Respondent No.l in insisting the Petitioner not to raise the crop in the land extent Ac.2-00 cents and 110/2A1 of Tirumalagiri Village, Jaggaiahpet
2
Mandal, NTR District for the current agriculture season as arbitrary, illegal and violation of Article 14, 21 and 300-A of the Constitution of India and consequently direct the Respondent No.l not to insist the Petitioner from raising the crop in the agriculture land extent Ac.2-00 cents situated in Sy.No.l08/3A and 110/2A1 of Tirumalagiri Village, Jaggaiahpet Mandal, NTR District and further direct the Respondent No.l to provide necessary police protection to the Petitioner and his land during current agriculture reason in the interest of justice. 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 Respondent No.l not to prevent the Petitioner from raising the crop in the land extent Ac.2-00 cents situated in Sy.No.l08/3A and 110/2A1 of Tirumalagiri Village, Jaggaiahpet Mandal, NTR District for the current agriculture season pending disposal of the Writ Petition in the interest of justice. Counsel for the Petitioner: P NAGENDRA REDDY Counsel for the Respondents: GP FOR HOME The Court made the following order:
3
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 24194 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, order or direction more particularly one in the nature of writ of Mandamus to declare the action of the Respondent No.l in insisting the Petitioner not to raise the crop in the land extent Ac.2-00 cents situated in Sy.No.l08/3A and 110/2A1 of Tirumalagiri Village, Jaggaiahpet Mandal, NTR District for the current agriculture season as arbitrary, illegal and violation of Article 14, 21 and 300-A of the Constitution of India and consequently direct the Respondent No.1 not to insist the Petitioner from raising the crop in the agriculture land extent Ac.2- 00 cents situated in Sy.No.l08/3A and 110/2A1 of Tirumalagiri Village, Jaggaiahpet Mandal, NTR District and further direct the Respondent No.1 to provide necessary police protection to the Petitioner and his land during current agriculture reason in the interest of justice.…”
2. Heard Sri P.Nagendra Reddy, learned Counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents.
3.
Learned counsel for the petitioner submits that the petitioner filed a suit for specific performance against the father of the 4th respondent and obtained a judgment and decree in his favour. Thereafter, the petitioner filed an execution petition, and the Court registered a document in his favour and put him in possession of the property. However, it is alleged that respondent No.4 is threatening to dispossess the petitioner. The petitioner submitted a
4
representation dated 25.08.2025 to the police seeking protection, which is still pending for consideration before the police.
04. On the other hand, learned Assistant Government Pleader for Home submits that the representation of the petitioner was received through Spandana and has been closed on the ground that the matter is of civil nature. It is contended that unless there is a specific direction from the civil Court in the decree or execution proceedings for grant of police protection, the police authorities cannot intervene in such civil disputes.
05. Considering the submissions made by both parties, since there is a decree in favour of the petitioner coupled with the execution proceedings, the police authorities are directed to look into the representation of the petitioner and take appropriate steps to protect his possession over the property as long as the decree is in his favour. It is open to the petitioner to make a fresh representation to the police by enclosing all relevant documents, including the decree and execution proceedings. Upon such representation being made, the police shall examine the same and take necessary action forthwith, in accordance with law.
Accordingly, this writ petition is disposed of. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 11.09.2025 KKV
5
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
WRIT PETITION NO: 24194 OF 2025 11.09.2025
KKV