APHC010865672018 IN THE HIGH COURT OF ANDHRA PRADESH^ AT AMARAVATI ^ (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION Nos: 42076 AND 42171 OF 2018 WRIT PETITION NO: 42076 OF 2018 Between: Noel Harper, S/o. Devid Harper, Aged bout 67 years, Cross Road, 54- 1604B Loyola Gardens, Vijayawada, Krishna District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary (Home), Secretariat, Secretariat Buildings, Amaravathi. 2. The Superintendent of Police, Machilipatnam, Krishna District. 3. The Deputy Superintendent of Police, Nuzivid Sub-Division, Krishna District. 4. The Station House Officer, Agiripalli Police Station, Krishna District. 5. Ponnam Naga Raju, S/o Rama Chandraiah, Aged about 32 years, Occ. Business, R/o. 40, Solutions, INC 12017 ST, East Moline, IL 61244, USA. 6. Ponnam Rajani Devi, W/o Late Rama Chandraiah, Aged about 48 years, Occ. Properties, R/o. Flat No.201, Plot No.148, Military Canteen Road, Bank Colony, Vijayawada, Krishna District. R-6 and R-7 Rep. by their GPA Holder, Ponnam Hari Babu S/o Rama Chandraiah, aged about 35 years. Flat No. 148, 2 Canteen Road, Bank Colony, Vijayawada, nd Floor, Military Krishna 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 a Writ of Mandamus declaring the action of the Respondent Police personnel in interfering the Civil disputes between the Petitioner and Un-official Respondents illegally taking the possession and seizing the same in respect of premises i.e., an extent of 37,776.02 Sq. Yards along with building consisting of ground and first floors with Assessment No.390 situated in Survey No. 119/1, 119/2, 119/3B, 119/3A, 120/3, 120/5, 120/4 of Narasinga Palem, Agiripalli Mandal and bounded by. East. Remaining property of the Noel Harper, South. Remaining property of the Noel Harper and path way left by the Noel Harper to some extent and remaining property of others. West. Property of Lavu Kodanda Ramaiah and North. Governments Land is illegal, arbitrary and violation of Article 21 of the Constitution of India consequently direct the Respondent Police to restrain in interfering the Civil disputes between the Petitioner and Un-official Respondents. and lA NO: 1 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondent Police to restrain in interfering the civil disputes between the Petitioner and Un-official Respondents disposal of the main Writ Petition, in the interest of justice. pending Counsel for the Petitioner: G.V.N.R.S.S.S. VARA PRASAD Counsel for the Respondent Nos.1 to 4 : SRI V. FAROOK, ASST.GP FOR HOME Counsel for the Respondent Nos.5 & 6 : SRI RAJA REDDY KONETI % APHC010873262018 WRIT PETITION NO: 42171 OF 2018 Between: P. Haribabu, S/o. Ramachandraiah, Aged about 36 years, Occ: Business, R/o. Ponnam Garden, Narsingapalem, Agiripalli Mandal, Krishna District. ...Petitioner AND 1. The State of A P Secretariat, Velagapudi, Amaravathi. 2. The District Magistrate/District Collector, Krishna District at Machilipatnam. 3. The Sub Divisional Magistrate/Revenue Divisional Officer, Nuzvid District. rep. by its PrI. Secretary, Home Department, A.P. Krishna 4. The Mandal Executive Magistrate/Tahsildar, Nuzvid, Krishna District. 5. The Director General of Police, Government Mangalagiri, Guntur District. 6. The Commissioner of Police, Vijayawada, Krishna District. 7. The Superintendent of Police, Machilipatnam, Krishna District. 8. The Station House Officer, Agiripalli Police Station, Nuzvid, I 9. The Station House Officer, Gannavaram Police Station Krishna District. 10. Noel Harper, S/o. Devid Harper, Aged about 66 years, Occ. Business, R/o. 3 Cross Road, 54-1604B, Loyola Gardens, Vijayawada, Krishna District. ...Respondents praying that in the of Andhra Pradesh, Krishna District. I, Gannavaram, Petition under Article 226 of the Constitution of India circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of the respondents 2 to 4 in not initiating under chapter Vlll of Cr.P.C. against the 10‘' respondent and his associates/accomplices and not granting police aid by providing police personnel to protect the petitioner life by the respondent as illegal and arbitrary and consequently, a) Direct respondent 2 to 4 to initiate proceedings against the 10th respondent and accomplices under Chapter VIII of the Code of Criminal Procedure, b) Direct the 6“^ respondent to provide police personnel aid to protection the petitioner person and his life. lA NO: 1 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents 2 to 4 to initiate proceedings against the 10*^ respondent under chapter VIII of Cr.P.C. for keeping breach of peace pending disposal of the Writ Petition. lA NO: 2 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 respondent to give police aid for protection of the petitioner person and life by providing police personnel to the petitioner pending disposal of the Writ Petition. Counsel for the Petitioner: SRI RAJA REDDY KONETI Counsel for the Respondent Nos.1, 5 to 9 : GP FOR HOME Counsel for the Respondent Nos.2 to 4 : GP FOR REVENUE Counsel for the Respondent No.10 : NONE APPEARED The Court made the following Common order: Ay APHC010865672018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) QMS [3396] MONDAY.THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NOs: 42076 & 42171 of 2018 WRIT PETITION NO: 42076/2018 Between: 1.NOEL HARPER, S/0 DEVID HARPER, AGED BOUT 67 YEARS, 3RD CROSS ROAD, 54-1604B LOYOLA GARDENS, VIJAYAWADA, KRISHNA DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY (HOME), SECRETARIAT, SECRETARIAT BUILDINGS, AMARAVATHI. 2.THE SUPERINTENDENT OF POLICE, MACHILIPATNAM, KRISHNA DISTRICT. 3.HE DEPUTY SUPERINTENDENT OF POLICE, NUZIVID SUB DIVISION, KRISHNA DISTRICT. 4.THE STATION HOUSE OFFICER, AGIRIPALLI POLICE STATION, KRISHNA DISTRICT. 5.PONNAM NAGA RAJU, S/0 RAMA CHANDRAIAH, AGED ABOUT 32 YEARS, OCC. BUSINESS, R/0 40, SOLUTIONS, INC 12017 ST, EAST MOLINE, IL 61244, USA. 6.PONNAM RAJANI DEVI, W/0 LATE RAMA CHANDRAIAH, AGED ABOUT 48 YEARS, OCC. PROPERTIES, R/0 FLAT NO.201, PLOT NO.148, MILITARY CANTEEN ROAD, BANK COLONY, VIJAYAWADA, 2 KRISHNA DISTRICT. R-6 AND R-7 REP. BY THEIR GPA HOLDER, PONNAM HARI BABU S/0 RAMA CHANDRAIAH, AGED ABOUT 35 YEARS, FLAT N0.148, 2ND FLOOR, MILITARY CANTEEN ROAD, BANK COLONY, VIJAYAWADA, KRISHNA 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 toto issue a writ, order or direction more particularly one in the nature of a Writ of Mandamus declaring the action of the Respondent Police personnel in interfering the Civil disputes between the Petitioner and Un official Respondents illegally taking the possession and seizing the respect of premises i.e., an extent of 37,776.02 Sq. Yards along with building consisting of ground and first floors with Assessment No.390 situated in Survey No. 119/1, 119/2, 119/3B, 119/3A, 120/3, 120/5, 120/4 of Narasinga Palem, Agiripalli Mandal and bounded by. East. Remaining property of the Noel Harper, South. Remaining property of the Noel Harper and path way left by the Noel Harper to some extent and remaining property of others. West. Property of Lavu Kodanda Ramaiah and North. Governments Land is illegal, arbitrary and violation of Article 21 of the Constitution of India and consequently direct the Respondent Police to restrain in interfering the Civil disputes between the Petitioner and Un-official Respondents and pass lA 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 Respondent Police to restrain in interfering the civil disputes between the Petitioner and Un-official Respondents, pending disposal of the main Writ Petition, in the interest of justice. Counsel for the Petitioner: 1 .GVNRSSS VARA PRASAD Counsel for the Respondent{S); 1.GP FOR HOME(AP) 2. RAJA REDDY KONETI same in 3 WRIT PETITION NO: 42171/2018 Between: 1.P. HARIBABU, S/0. RAMACHANDRAIAH, AGED ABOUT 36 YEARS, OCC. BUSINESS, R/0. PONNAM GARDEN, NARSINGAPALEM, AGIRIPALLI MANDAL, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF A P, REP. BY ITS PRL. SECRETARY, DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI. HOME 2. THE DISTRICT MAGISTRATE/DISTRICT COLLECTOR, KRISHNA DISTRICT AT MACHILIPATNAM. 3. THE SUBDIVISIONAL MAGISTRATE/REVENUE DIVISIONAL OFFICER, NUZVID, KRISHNA DISTRICT. 4. THE MANDAL EXECUTIVE MAGISTRATE/TAHSILDAR, NUZVID, KRISHNA DISTRICT. 5. THE DIRECTOR GENERAL OF POLICE, GOVERNMENT OF ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT. 6. THE COMMISSIONER OF POLICE, VIJAYAWADA, KRISHNA DISTRICT. 7. THE SUPERINTENDENT OF POLICE, MACHILIPATNAM, KRISHNA DISTRICT. 8. THE STATION HOUSE OFFICER, AGIRIPALLI POLICE STATION, NUZVID, KRISHNA DISTRICT. 9. THE STATION HOUSE OFFICER, GANNAVARAM POLICE STATION, GANNAVARAM, KRISHNA DISTRICT. 10. NOEL HARPER, S/O. DEVID HARPER, AGED ABOUT 66 YEARS, OCC. BUSINESS, R/0. 3RD CROSS ROAD, 54-1604B, LOYOLA GARDENS, VIJAYAWADA, KRISHNA 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 4 pleased toto issue any writ or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of the respondents 2 to 4 in not initiating under chapter Vlll of Cr.P.C. against the 10th respondent and his associates/accomplices and not granting police aid by providing police personnel to protect the petitioner life by the 6th respondent as illegal and arbitrary and consequently, a) Direct respondent 2 to 4 to initiate proceedings against the 10th respondent and accomplices under Chapter Vlll of the Code of Criminal Procedure, b) Direct the 6th respondent to provide police personnel aid to protection the petitioner person and his life and pass lANO: 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 2 to 4 to initiate proceedings against the 10th respondent under chapter Vlll of Cr.P.C. for keeping breach of peace pending disposal of the Writ Petition, and pass lA NO: 2 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 6th respondent to give police aid for protection of the petitioner person and life by providing police personnel to the petitioner pending disposal of the Writ Petition, and pass Counsel for the Petitioner: i 1.RAJA REDDY KONETI Counsel for the Respondent{S): 1.GP FOR HOME(AP) 2.GP FOR REVENUE (AP) 5 The Court made the following: COMMON ORDER: Heard Sri G.V.N.R.S.S.S.Vara Prasad learned counsel for the petitioner in W.P.No.42076 of 2021, Sri Rajareddy Koneti, learned counsel for the petitioner in W.P.No.42171 of 2018 and Sri V.Farook, learned Assistant Government Pleader for Home. When the matters are taken up for hearing, learned Assistant 2. Government Pleader, on written instructions, would submit that the matter is civil in nature and that they are not interfering in the civil dispute. Learned counsel for the petitioner in both writ petitions would submit 3. that, recording the same, these writ petitions may be disposed of. Recording the above submissions, these writ petitions are disposed of. 4. There shall be no order as to costs As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// %r Y SECTION OFFICER To, 1. The Principal Secretary (Home), State of Andhra Pradesh, Secretariat, Secretariat Buildings, Amaravathi, Guntur District. 2. The Superintendent of Police, Machilipatnam, Krishna District. 3. The Deputy Superintendent of Police, Nuzivid Sub-Division, Krishna District. 4. The Station House Officer, Agiripalli Police Station, Krishna District. 5. The District Magistrate/District Collector, Krishna District at Machilipatnam. 6. The Sub Divisional Magistrate/Revenue Divisional Officer, Nuzvid, Krishna District. 7. The Mandal Executive Magistrate/Tahsildar, Nuzvid, Krishna District. 8. The Director General of Police, Government of Andhra Pradesh, Mangalagiri, Guntur District. 9. The Commissioner of Police, Vijayawada, Krishna District. 10. The Superintendent of Police, Machilipatnam, Krishna District. 11. The Station House Officer, Agiripalli Police Station, Nuzvid, Krishna District. 12. The Station House Officer, Gannavaram Police Station, Gannavaram, Krishna District. 13. One CC to Sri G.V.N.R.S.S.S. Vara Prasad, [OPUC] 14. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 15. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 16. One CC to Sri Raja Reddy Koneti, Advocate [OPUC] 17. Two CD Copies Cnr HIGH COURT i DATED:21/07/2025 COMMON ORDER WP Nos. 42076 and 42171 OF 2018 ^ 0 2 AUG 2025 IS ^S^^ent Sectiopx^^ ov o» DISPOSING OF THE W.Ps WITHOUT COSTS