Siva Prasad v. The State of Andhra Pradesh, Rep. by its Principal
WP/40369/2016 · 2025-01-23
B Krishna Mohan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 38288 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 38288 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010706732016
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] THURSDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 40369/2016 Between: Siva Prasad and Others ...PETITIONER(S) AND The State Of Andhra Pradesh Rep By Its Principal and Others ...RESPONDENT(S) Counsel for the Petitioner(S):
1. N ASWARTHA NARAYANA Counsel for the Respondent(S):
1. GP FOR HOME (AP)
2. GP FOR REVENUE (AP)
3. V R REDDY KOVVURI The Court made the following Order:
Heard the learned counsel for the petitioners, the learned Assistant Government Pleader for the respondent Nos.1 to 4, the learned Assistant Government Pleader for the 5th respondent and the learned counsel appearing for the 6th respondent. 2
2. This writ petition is filed questioning the letter of the 4th respondent addressed to the 5th respondent in Rc.No.B/780/2016 dt.22.10.2016 to provide police protection to the 6th respondent for peaceful possession for the land in Sy.No.235-2 in an extent of Ac.5.00 cents of Kodimi Village, Ananthapuaramu Mandal. 3. The learned counsel for the 6th respondent relying upon the counter of the 4th respondent submits that the land in Sy.No.235-2 in an extent of Ac.5.00 cents of Kodimi Village, Ananthapuramu Mandal was classified as assigned waste land as per the diglot and it was assigned in favour of the 6th respondent’s mother B.Lakshmamma W/o Nagaiah by then Tahasildar, Ananthapuraumu vide D.A.R.Dis.No.404/85 dated 28.05.1976. It was under the possession and enjoyment till her death. After the demise of the original assignee, the said land was transferred to the 6th respondent B.Kanthamma W/o Ravindranath. Ever since, she has been in possession and enjoyment of the same. Her name was also incorporated in the adangal and 1-B as the assignee for the web land. While the matter stood thus, some of the persons belonging to C.P.M. party have forcibly entered upon the land to an extent of Ac.2.50 cents and erected temporary huts. Then the 6th respondent filed O.S.No.822 of 2015 and I.A.No.2917 of 2015 in it on the file of Principal Junior Civil Judge, Ananthapuramu and obtained temporary injunction orders. When she intended to lay fencing around the land, apprehended disturbance from the said unruly mob along with others and as such, she sought for police protection to the remaining extent of land by approaching
3
the 4th respondent herein.
Accordingly, the said letter dated 22.10.2016 was addressed by the 4th respondent to the 5th respondent. 4. Since it is the purely a land/civil dispute, the parties are at liberty to avail the alternative remedies in accordance with law for which the said writ petition is inappropriate. 5. Accordingly, this writ petition is dismissed. There shall be no order as to costs. As a sequel, Miscellaneous Petitions pending, if any, shall stand closed. _________________________ JUSTICE B KRISHNA MOHAN 23.01.2025 NNN