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2025 DAILYLAW 41047 (AP)

NAYUDU VENKATA NARAYANA v. THE STATE OF AP

WP/37503/2022 · 2025-11-06

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010626512022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY,THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 37503/2022 Between: 1. NAYUDU VENKATA NARAYANA, S/O VENKATESWARLU AGED ABOUT 46 YEARS, OCCUPATION FISHERMEN OTTURU VILLAGE, ANNAGARI PALEM GP, TUMMALAPENT R/V KAVALI, RURAL MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPLE SECRETARY,(HOME), SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, SPSR NELLORE DIST, NELLORE. 3. THE CIRCLE INSPECTOR OF POLICE, KAVALI RURAL POLICE STATION, KAVALI, SPSR NELLORE DIST. 4. THE STATION HOUSE OFFICER, KAVALI RURALA (PS) KAVALI , SPSR NELLORE. 5. TIRUMALA REDDY, S/O NOT KNOWN PETITIONER MAJOR, OCCUPATION POLICE CONSTABLE (PC) KAVALI RURAL PS, KAVALI , SPSR NELLORE 6. JAYACHANDRA NAYUDU, S/O CHINA SWAMY NAYUDU AGED ABOUT 58 YEARS , OCCUPATIONS BUSINESS M/S ROHINI AQUA FEED AND CHEMICALS , CHRISTIADISTRICT 3RD LINE, KAVALI TOWN, SPST NELLORE, NELLORE . ...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 pass a writ , order or a direction more particularly one in the nature of Writ of Mandamus declaring the action of the Policemen in not providing the protection and proper action apart from registering case in crime no 226/2022 dated 1.10.2022 despite of the representations of the petitioner on the repeated oral warnings and physical attacks of the unofficial respondent and his goonda force with the help of 5th respondent policemen particularly during the harvesting time of the petitioners Aqua 2 Culture Forms/ponds that were admeasuring in a total extent of acres 5.12 cents in Sy No 1439 Otturu palli palem village in Annagari palem GP of Kavali Rural Mandal of SPSR Nellore District is illegal and unlawful apart from being violative of article 14 ,21 and 300 A of Constitution of India consequently direct the respondent police men to provide protection of policemen to the petitioner and his family members and worker during the harvesting time i.e., November 2022 at Aqua culture Form/ponds in the extent of acres 5.12 cents in Sy No 1439 Otturu palli palem village in Annagari palem GP of Kavali Rural Mandal of SPSR Nellore District thereby protect the life, livelyhood and peaceful' possession and enjoyment of the petitioner on his part of Aqua form/pond from the unofficial respondents and their men and to pass IA NO: 1 OF 2022 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 consider and dispose the representation of the petitioner Dated 26.10.2022 seeking protection of policemen to the petitioner and his family members and worker during the harvesting time i.e., November 2022 at Aqua culture Form/ponds in the extent of acres 5.12 cents in Sy No 1439 Otturu palli palem village in Annagari palem GP of Kavali Rural Mandal of SPSR Nellore District thereby protect the life, livelyhood and peaceful! possession and enjoyment of the petitioner on his Aqua form/pond from the unofficial respondents and their men pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. D SURESH KUMAR Counsel for the Respondent(S): 1. GP FOR HOME 2. CHALASANI AJAY KUMAR 3 The Court made the following: ORDER: The instant Writ Petition is filed by the Petitioner seeking indulgence of this Court under Article 226 of the Constitution of India for the following relief: “ .... to pass a writ , order or a direction more particularly one in the nature of Writ of Mandamus declaring the action of the Policemen in not providing the protection and proper action apart from registering case in crime no 226/2022 dated 1.10.2022 despite of the representations of the petitioner on the repeated oral warnings and physical attacks of the unofficial respondent and his goonda force with the help of 5th respondent policemen particularly during the harvesting time of the petitioners Aqua Culture Forms/ponds that were admeasuring in a total extent of acres 5.12 cents in Sy.No.1439 Otturu palli palem village in Annagari palem GP of Kavali Rural Mandal of SPSR Nellore District is illegal and unlawful apart from being violative of article 14 ,21 and 300 A of Constitution of India consequently direct the respondent police men to provide protection of policemen to the petitioner and his family members and worker during the harvesting time i.e., November 2022 at Aqua culture Form/ponds in the extent of acres 5.12 cents in Sy No 1439 Otturu palli palem village in Annagari palem GP of Kavali Rural Mandal of SPSR Nellore District thereby protect the life, livelyhood and peaceful' possession and enjoyment of the petitioner on his part of Aqua form/pond from the unofficial respondents and their men and to pass ...” None represented for the Petitioner. At the time of hearing, Sri V.Farooq, learned Assistant Government Pleader for Home appearing for respondent Police brought to the notice of this Court that the very same petitioner filed another writ petition vide WP No.21638 of 2024 for the self same relief and the said Writ Petition was disposed of on 07.09.2024 giving liberty to the Petitioner to recourse his remedies before the competent civil court where the matter is pending. In that view, this Writ Petition is disposed of. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No.37503 of 2022 07.11.2025 Mjl /*