Extracted from the PDF above. The PDF is authoritative.
APHC010645032018
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: 31022/2018 Between:
1. M. CHANDRASEKHAR, S/O. M. NAGAPPA, AGED 50 YEARS, R/O.
P.R.T. STREET, DHARMAVARAM, ANANTAPUR DISTRICT.
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT.
2. THE SUPERINTENDENT OF POLICE, ANANTAPUR.
3. THE SUBDIVISIONAL POLICE OFFICER, DHARMAVARAM, ANANTAPUR DISTRICT.
4. THE CIRCLE INSPECTOR OF POLICE, DHARMAVARAM POLICE STATION, DHARMAVARAM, ANANTAPUR DISTRICT.
5. THE SUBINSPECTOR OF POLICE, DHARMAVARAM POLICE STATION, DHARMAVARAM, ANANTAPUR DISTRICT.
6. THE STATION HOUSE OFFICER, DHARMAVARAM POLICE STATION, DHARMAVARAM, ANANTAPUR 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 to issue a writ, order or direction, more particularly one in nature of Writ of Mandamus declaring the inaction of the respondents 2 to 6 in taking
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appropriate action in pursuant to the petitioners representation Dt.30.07.2018 and 15.06.2018 for providing police protection so as to implement the
judgment and decree passed in O.S.No.209 of 2009, Dt.21.04.2015 on the file of the Junior Civil Judge, Dharmavaram for protection of plaint schedule property of 20 Ft., road from East-West touching Dharmavarm to Puttaparthy road situated in Sy.No.539, Dharmavarm Town and Mandal, Anantapur District with the following boundaries East. Dharmavaram water Tank, West. Dharmavaram to Puttaparthi Road, South. Third parties plot, North. Third parties plot is illegal and arbitrary and consequently direct the respondents police to provide police protection in respect of the plaint schedule property in pursuant to the judgment and decree passed in O.S.No.209 of 2009, Dt.21.04.2015 on the file of the Junior Civil Judge, Dharmavaram and to pass IA NO: 1 OF 2018 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 to direct the respondents to consider the petitioner's representation Dt.30.07.2018 for providing police protection/police Aid in respect of petitioner's schedule property of 20 Ft., road from East-West touching Dharmavarm to Puttaparthy road situated in Sy.No.539, Dharmavarm Town and Mandal, Anantapur District with the following boundaries:- East: Dharmavaram water Tank, West: Dharmavaram to Puttaparthi Road, South: Third parties plot, North: Third parties plot forthwith pending disposal of the above writ petition and to pass Counsel for the Petitioner:
1. N ASWARTHA NARAYANA Counsel for the Respondent(S):
1. GP FOR HOME (AP)
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The Court made the following:
ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer:
“….to issue a writ, order or direction, more particularly one in nature of Writ of Mandamus declaring the inaction of the respondents 2 to 6 in taking appropriate action in pursuant to the petitioners representation Dt.30.07.2018 and 15.06.2018 for providing police protection so as to implement the
judgment and decree passed in O.S.No.209 of 2009, Dt.21.04.2015 on the file of the Junior Civil Judge, Dharmavaram for protection of plaint schedule property of 20 Ft., road from East-West touching Dharmavarm to Puttaparthy road situated in Sy.No.539, Dharmavarm Town and Mandal, Anantapur District with the following boundaries East. Dharmavaram water Tank, West. Dharmavaram to Puttaparthi Road, South. Third parties plot, North. Third parties plot is illegal and arbitrary and consequently direct the respondents police to provide police protection in respect of the plaint schedule property in pursuant to the judgment and decree passed in O.S.No.209 of 2009, Dt.21.04.2015 on the file of the Junior Civil Judge, Dharmavaram and to pass.…”
2. Heard Sri N.Aswartha Narayana, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home.
3.
Learned counsel for the petitioner would submit that the police are not taking any action on the representations dated 30.07.2018 and 15.06.2018.
Learned counsel would further submit that this Court vide order dated 11.09.2018,
directed the respondents to consider the petitioner’s representation dated 30.07.2018 for providing police protection in respect of the subject property, as long as injunction decree order dated 21.04.2015 passed in O.S.No.209 of 2009 is subsisting without being modified as setaside.
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4. Learned Assistant Government Pleader, on written instructions, would submit that the representation of the petitioner have not considered for registration of the case, since it is a matter of civil in nature.
5.
Learned counsel for the petitioner would submit that recording the same, the petition may be disposed of.
6. Recording the submission of learned Assistant Government Pleader, this writ petition is disposed of. However, the petitioner is at liberty to work out his remedies according to law before the appropriate forum. 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: 21.07.2025 MH
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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
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WRIT PETITION NO: 31022/2018
Dt.21.07.2025
MH