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2025 DAILYLAW 40843 (AP)

KANCHAM MARESWARA RAO v. The State of Andhra Pradesh

WP/30824/2025 · 2025-11-20

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010591192025 IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY, THE TWENTY TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION Between: 1. KANCHAM MARESWARA RAO, , S/O.JAMALAIAH, AGED ABOUT 48 YEARS, R/O2-76, MADDULAPURVA REDDYGUDEM MANDAL, KRISHNA DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATION HOUSE OFFICER, REDDYGUDEM POLICE STATION, NTR DISTRICT 521215. 3. THE SUBINSPECTOR OF POLICE, REDDYGUDEM POLICE STATION NTR DISTRICT 521215. 4. THE CIRCLE INSPECTOR NTR DISTRICT 521230. 5. THE COMMISSIONER OF POLICE, VIJAYAWADA CITY POLICE COMMISSIONERATE, MANGALAGIRI, NTR DISTRICT 520010. 6. THE DIRECTOR GENERAL OF POLICE, A.P. POLICE HEAD QUARTERS, MANGALAGIRI GUNTUR DISTRICT 5225 7. KARRI VEERASWAMY, S/O.NARAYANA, AGE 65 YEARS, YADAVULA BAZAR, MADDULAPERVA, REDDYGUDEM MANDAL, KRISHNA DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) , THE TWENTY FIRST DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 30824/2025 KANCHAM MARESWARA RAO, , S/O.JAMALAIAH, AGED ABOUT 48 76, MADDULAPURVA REDDYGUDEM MANDAL, KRISHNA DISTRICT. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. THE STATION HOUSE OFFICER, REDDYGUDEM POLICE STATION, NTR DISTRICT 521215. THE SUBINSPECTOR OF POLICE, REDDYGUDEM POLICE STATION NTR DISTRICT 521215. THE CIRCLE INSPECTOR OF POLICE, REDDYGUDEM CIRCLE, NTR DISTRICT 521230. THE COMMISSIONER OF POLICE, VIJAYAWADA CITY POLICE COMMISSIONERATE, MANGALAGIRI, NTR DISTRICT 520010. THE DIRECTOR GENERAL OF POLICE, A.P. POLICE HEAD QUARTERS, MANGALAGIRI GUNTUR DISTRICT 5225 KARRI VEERASWAMY, S/O.NARAYANA, AGE 65 YEARS, YADAVULA BAZAR, MADDULAPERVA, REDDYGUDEM MANDAL, KRISHNA DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH [3396] FIRST DAY OF NOVEMBER THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA KANCHAM MARESWARA RAO, , S/O.JAMALAIAH, AGED ABOUT 48 76, MADDULAPURVA REDDYGUDEM MANDAL, ...PETITIONER THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. THE STATION HOUSE OFFICER, REDDYGUDEM POLICE THE SUBINSPECTOR OF POLICE, REDDYGUDEM POLICE OF POLICE, REDDYGUDEM CIRCLE, THE COMMISSIONER OF POLICE, VIJAYAWADA CITY POLICE COMMISSIONERATE, MANGALAGIRI, NTR DISTRICT 520010. THE DIRECTOR GENERAL OF POLICE, A.P. POLICE HEAD QUARTERS, MANGALAGIRI GUNTUR DISTRICT 522503. KARRI VEERASWAMY, S/O.NARAYANA, AGE 65 YEARS, YADAVULA BAZAR, MADDULAPERVA, REDDYGUDEM MANDAL, 2 8. KARRI KRISHNA RAO, S/O.VEERA SWAMY, AGE 38 YEARS, YADAVULA BAZAR, MADDULAPERVA, REDDY GUDEM MANDAL, KRISHNA DISTRICT. 9. KARRI VENKATESWARA RAO, S/O.VEERA SWAMY, AGE 48 YEARS, YADAVULA BAZAR, MADDULAPERVA, REDDYGUDEM MANDAL, KRISHNA DISTRICT. 10. KOMATI JAMALAYYA, S/O. ANANADAM, AGE 49 YEARS, YADAVULA BAZAR, MADDULAPERVA, REDYGUDEM MANDAL, KRISHNA DISTRICT. 11. KOMATI RAGAVULU, S/O.KRISHNAYYA, AGE 37 YEARS, YADAVULA BAZAR, MADDULAPERVA, REDDYGUDEM MANDAL, KRISHNA DISTRICT. 12. KOMATI VENKATESWARA RAO, S/O.JAMALAYYA, AGE 32 YEARS, YADAVULA BAZAR, MADDULAPERVA, REDDYGUDEM MANDAL, KRISHNA DISTRICT. 13. KOMATI VENKATA SWAMY, S/O.NARAYANA, AGE 35 YEARS, YADAVULA BAZAR, MADDULAPERVA, REEDYGUDEM MANDAL, KRISHNA DISTRICT. 14. KOMATI KASULU, S/O.VENKATADRI, AGE 40 YEARS, YADAVULA BAZAR, MADDULAPERVA, REEDYGUDEM MANDAL, KRISHNA DISTRICT. 15. KOMATI CHINNA VENKATESWARLU, S/O.PEDDIRAJU, AGE 49 YEARS, YADAVULA BAZAR, MADDULAPERVA, REEDYGUDEM MANDAL, KRISHNA DISTRICT. 16. KOMATI MADHAVA RAO, S/O.ANANDAM, AGE 52 YEARS, YADAVULA BAZAR, MADDULAPERVA, REEDYGUDEM MANDAL, KRISHNA DISTRICT. 17. KOMATI NAGABHUSHANAM, S/O.ANANDAM, AGE 50 YEARS, YADAVULA BAZAR, MADDULAPERVA, REEDYGUDEM MANDAL, KRISHNA DISTRICT. 18. KOMATI SRINIVASA RAO, S/O.VENKATADRI, AGE 32 YEARS, YADAVULA BAZAR, MADDULAPERVA, REEDYGUDEM MANDAL, KRISHNA DISTRICT. 3 19. BATTA KANAKESWARA RAO, S/O.VENKATESWARLU, AGE 29 YEARS, YADAVULA BAZAR, MADDULAPERVA, REEDYGUDEM MANDAL, KRISHNA DISTRICT. 20. KARRE ITHAM RAJU, S/O.NARAYNA, YADAVULA BAZAR, MADDULAPERVA, REEDYGUDEM MANDAL, KRISHNA DISTRICT. 21. KARRE ADI LAKSHMI, W/O.VEERA SWAMY, YADAVULA BAZAR, MADDULAPERVA, REEDYGUDEM MANDAL, KRISHNA DISTRICT.-I 22. BATTA VENKATESWARA RAO, S/O. KANAKAIAH, YADAVULA BAZAR, MADDULAPERVA, REEDYGUDEM MANDAL, KRISHNA DISTRICT. 23. KOMATI SRINIVASA RAO, S/O.PITCHAI, YADAVULA BAZAR, MADDULAPERVA, REEDYGUDEM MANDAL, KRISHNA DISTRICT. 24. NELAPALLI SATYAM, S/O.REDDAIAH, YADAVULA BAZAR, MADDULAPERVA, REEDYGUDEM MANDAL, KRISHNA DISTRICT. 25. KOMATI APPALA KRISHNA, S/O.CHINNA VENKATESWARA RAO, YADAVULA BAZAR, MADDULAPERVA, REEDYGUDEM MANDAL, KRISHNA DISTRICT. 26. KOMATI REDDAIAH, S/O.GANDHI, YADAVULA BAZAR, MADDULAPERVA, REEDYGUDEM MANDAL, KRISHNA DISTRICT. 27. KOMATI SATYANARAYANA, S/O.ANNADAM, YADAVULA BAZAR, MADDULAPERVA, REEDYGUDEM MANDAL, KRISHNA DISTRICT. 28. KOMATI NARISHMA, S/O.PITCHAI, YADAVULA BAZAR, MADDULAPERVA, REEDYGUDEM MANDAL, KRISHNA DISTRICT. 29. KOMATI VEERA BABU, S/O.RAGHAVULU, YADAVULA BAZAR, MADDULAPERVA, REEDYGUDEM MANDAL, KRISHNA DISTRICT. 30. KOMATI DURGAIAH, S/O.PITCHAI, YADAVULA BAZAR, MADDULAPERVA, REEDYGUDEM MANDAL, 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 to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of Respondents 2 to 6 in not taking any steps upon my representations dated 10-10-2025 and 25-10-2025, 4 and in failing to grant police aid and enforce the injunction order dated 10-02- 2023 passed in I.A.No.1251 of 2022 in O.S.No.159 of 2022 on the file of the Hon'ble Junior Civil Judge, Mylavaram, as illegal, arbitrary, and unconstitutional and contrary to the Bharatiya Nagarik Sukasha Sahita Act, 2023 and consequently direct Respondents 2 to 6 to provide immediate and adequate police protection to the petitioner and his family members for safeguarding life and property, and to ensure strict compliance and enforcement of the injunction order granted by the competent civil court 10.02.2023 granted in favour of me in I.A. No.1251 of 2022 in O.S. No.159 of 2022 on the file of Junior Civil Judge at Mylavaram. by preventing the unofficial Respondents 7 to 30 and their men, agents or followers from committing any further acts of trespass, demolition, or interference with the petitioner's peaceful possession and enjoyment of his property in Survey No. 117/4, Maddulaparva Village, Reddygudem Mandal, NTR District and pass 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 to direct Respondents 2 to 6 to provide immediate and adequate police protection to the petitioner and his family members for safeguarding life and property, and to ensure strict compliance and enforcement of the injunction order granted by the competent civil court 10.02.2023 granted in favour of me in I.A. No.1251 of 2022 in O.S. No.159 of 2022 on the file of Junior Civil Judge at Mylavaram. by preventing the unofficial Respondents 7 to 30 and their men, agents or followers from committing any further acts of trespass, demolition, or interference with the petitioner’s peaceful possession and enjoyment of his property in Survey No.117/4, Maddulaparva Village, Reddygudem Mandal, NTR District and pass Counsel for the Petitioner: 1. V.N.V.SURYA DATTU Counsel for the Respondent(S): 1. GP FOR HOME 5 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 30824 of 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of Respondent Nos.2 to 6 in not taking any steps upon my representations dated 10-10-2025 and 25-10-2025, and in failing to grant police aid and enforce the injunction order dated 10-02- 2023 passed in I.A.No.1251 of 2022 in O.S.No.159 of 2022 on the file of the Hon'ble Junior Civil Judge, Mylavaram, as illegal, arbitrary, and unconstitutional and contrary to the Bharatiya Nagarik Sukasha Sahita Act, 2023 and consequently direct Respondent Nos. 2 to 6 to provide immediate and adequate police protection to the petitioner and his family members for safeguarding life and property, and to ensure strict compliance and enforcement of the injunction order granted by the competent civil court 10.02.2023 granted in favour of me in I.A. No.1251 of 2022 in O.S. No.159 of 2022 on the file of Junior Civil Judge at Mylavaram, by preventing the unofficial Respondent Nos. 7 to 30 and their men, agents or followers from committing any further acts of trespass, demolition, or interference with the petitioner's peaceful possession and enjoyment of his property in Survey No.117/4, Maddulaparva Village, Reddygudem Mandal, NTR District and pass..…” 2. Heard Sri V.N.V.Surya Dattu, learned Counsel for the Petitioner and Sri V.Farook, learned Assistant Government Pleader for Home for the Official Respondents. 3. Learned Counsel for the Petitioner would submit that inspite of giving representations to the Respondent Police dated 10.10.2025 and 25.10.2025, the Police have failed to grant Police Aid to the Petitioner and enforce the 6 injunction Order dated 10-02-2023 passed in I.A.No.1251 of 2022 in O.S.No.159 of 2022 on the file of the learned Junior Civil Judge, Mylavaram. 4. Learned Assistant Government Pleader for Home, on written instructions, would submit that basing on the complaint made by the Petitioner dated 05.11.2025, the Respondent-Police have registered a case in Cr.No.144 of 2025 under Sections 126(2), 329(3), 324(4), 351(2) r/w 3(5) of BNS of Reddygudem P.S., on 05.11.2025 against one Karri Krishna Rao and 12 others. 5. Recording the above said submissions, this Writ Petition is disposed of. However, the Petitioner is at liberty to work out his remedies before the Competent Civil Court where the Civil suit is pending in case of any violation of injunction Order passed by the Court. 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: 21.11.2025. UPS 7 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.30824 of 2025 Dated.21.11.2025 UPS 147