APHC010600612025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE TWENTIETH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 31245/2025 Between: 1. GUNTAMADUGU RAVI VARMA, S/O LATE GUNTAMADUGU SUDHARSANA VARMA OCCUPATION. BUSINESS, AGED ABOUT 52 YEARS PERMANENT RESIDENT OF S.B.R. PURAM, VADAMALAPETA MANDAL, TIRUPATI DISTRICT (FORMERLY CHITTOOR DISTRICT) ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE SUPERINTENDENT OF POLICE, TIRUPATI DISTRICT, TIRUPATI. (FORMERLY CHITTOOR DISTRICT) 3. THE CIRCLE INSPECTOR, PUTTUR POLICE STATION, VADAMALAPETA MANDAL, TIRUPATI DISTRICT (FORMERLY CHITTOOR DISTRICT) 4. THE STATION HOUSE OFFICER, VADAMALAPETA POLICE STATION, VADAMALAPETA MANDAL, TIRUPATI DISTRICT, (FORMERLY CHITTOOR DISTRICT) 5. G NARENDRA VARMA, S/O LATE RAMAKRISHNAMA RAJU OCC. SELF-EMPLOYED, AGED ABOUT 45 YEARS TADUKU RAILWAY STATION, A.M. PURAM POST, VADAMALAPET MANDAL, TIRUPATI DISTRICT 2 6. G JITENDRA VARMA, S/O LATE RAMAKRISHNAMA RAJU OCC. SELF-EMPLOYED, AGED ABOUT 40 YEARS TADUKU RAILWAY STATION, A.M. PURAM POST VADAMALAPET MANDAL, TIRUPATI DISTRICT 7. G AMMANNEMMA, D/O G. NARAYANA RAJU AND W/O LATE RAMAKRISHNAMA RAJU OCC. HOME MAKER, AGED ABOUT 68 YEARS TADUKU RAILWAY STATION, A.M. PURAM POST, VADAMALAPET MANDAL, TIRUPATI DISTRICT 8. G PADMAMMA, W/O LATE CHENCHURAMA RAJU OCC. HOME MAKER, AGED ABOUT 68 YEARS TADUKU RAILWAY STATION, A.M. PURAM POST, VADAMALAPET MANDAL, TIRUPATI DISTRICT 9. G REVATHI, W/O LATE AMARENDRA VARMA OCC. HOME MAKER, AGED ABOUT 30 YEARS TADUKU RAILWAY STATION, A.M. PURAM POST, VADAMALAPET MANDAL, TIRUPATI DISTRICT 10. G RAMACHANDRA RAJU, S/O LATE NARAYANA RAJU OCC. RETIRED EMPLOYEE, AGED ABOUT 60 YEARS TADUKU RAILWAY STATION, A.M. PURAM POST, VADAMALAPET MANDAL, TIRUPATI DISTRICT 11. G SELVI, W/O LATE SUBRAMANYAM RAJU OCC. HOME MAKER, AGED ABOUT 40 YEARS TADUKU RAILWAY STATION, A.M. PURAM POST, VADAMALAPET MANDAL, TIRUPATI DISTRICT 12. G CHENDU, S/O G. VENKATARAMA RAJU OCC. SELF EMPLOYED , AGED ABOUT 32 YEARS S.V. PURAM VILLAGE AND POST, VADAMALAPET MANDAL, TIRUPATI 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 like a Writ of Mandamus, declaring the action of respondents 2 to 4 not considering the relief for grant of police aid in spite of the representation submitted by the petitioner on 01-11-2025 as illegal,arbitrary, unsustainable, and violative of the petitioners fundamental right as guaranteed under article 21 of the constitution, contrary to the law laid down by the Hon’ble Apex Court in in Manohar Lai Chopra (AIR 1962 SC 527) and Hon’ble Andhra Pradesh High 3 Court in the matter of Gampala Anthaiah (2014(2) ALD 281-2) and consequently direct the Respondents 2 to 4 to grant police aid in protecting the petitioner family’s lawful possession in an extent of Ac. 4.02 cents in Sy. No.207/2A located in A.M.Puram village, accounts of Vadamalapet Mandal and enforcing the decree and judgment and orders of competent civil courts vide O.S. 84/1990 and orders in I.A. 728 of 2010 in O.S. 239 of 2010 dated 21.02.2013 on the file of the Principal Junior Civil Judge, Puttur to 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 Please to pass interim orders directing the Respondents No.2 to 4 to grant police aid to the petitioner for the purpose of re-fencing and construction of compound wall in the private property of the Petitioner in an extent of Ac. 4.02 cents in Sy. No.207/2A located in A.M.Puram village, accounts of Vadamalapet Mandal as there is every likelihood of violence being perpetuated by the un-official respondents in the above circumstances and to pass Counsel for the Petitioner: 1. SOORA VENKATA SAINATH Counsel for the Respondent(S): 1. GP FOR HOME 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 31245 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 like a Writ of Mandamus, declaring the action of respondents 2 to 4 not considering the relief for grant of police aid inspite of the representation submitted by the petitioner on 01-11-2025 as illegal, arbitrary, unsustainable, and violative of the petitioners fundamental right as guaranteed under Article 21of the constitution, contrary to the law laid down by the Hon’ble Apex Court in Manohar Lai Chopra (AIR 1962 SC 527) and Hon’ble Andhra Pradesh High Court in the matter of Gampala Anthaiah (2014(2) ALD 281-2) and consequently direct the Respondent Nos. 2 to 4 to grant police aid in protecting the petitioner family’s lawful possession in an extent of Ac.4.02 cents in Sy.No.207/2A located in A.M.Puram village, accounts of Vadamalapet Mandal and enforcing the decree and judgment and orders of competent civil courts vide O.S.84/1990 and orders in I.A.728 of 2010 in O.S.239 of 2010 dated 21.02.2013 on the file of the Principal Junior Civil Judge, Puttur to pass..…” 2. Heard Sri S.Venkata Sainath, 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 brought to the notice of this Court that the Petitioner’s father one Sri Guntamadugu Sudharsana Varma, has filed O.S.No.239 of 2010 originally, for the permanent injunction, later, the suit is turned into suit for declaration of title coupled with permanent injunction. Learned Counsel for the Petitioner would further submit that in the said suit, I.A.No.728 of 2010 was filed seeking temporary injunction. The Court granted 5 temporary injunction in favour of the Petitioner’s father, which was made as absolute. The suit is still pending on the file of the learned Principal Junior Civil Judge Court, Puttur. Learned Counsel for the Petitioner would further submit that on the other hand, a suit is filed by the Respondent No.5 and his mother i.e., O.S.No.52 of 2011on the file of Principal Junior Civil Judge Court, Puttur, against the Petitioner’s father seeking permanent injunction relating to the subject property and that was dismissed vide judgment dated 23.11.2017. 4. Learned Counsel would further submit that the Civil Court passed an Order in I.A.No.907 of 2012 in O.S.No.239 of 2010 dated 21.04.2015directing the Police to provide Police Aid to the Petitioner at his own expenses, whenever it is necessary, to prevent violation of the Orders of the Court and to protect lawful possession of the Petitioner. Learned Counsel for the Petitioner further brought to the notice of this Court that the Order passed by the Court dated 21.04.2015, was communicated to the Station House Officer, Vadamalapeta Police Station. 5. Learned Counsel for the Petitioner would further submit that they have submitted a representation dated 29.09.2025 to the Police through Spandana seeking Police Aid to protect their lawful possession over the subject property, since the suit is pending before the Civil Court. 6. Learned Assistant Government Pleader for Home would submit that they have received the representation of the Petitioner. Since the civil suit is pending between both the parties, they cannot provide any Police Protection, without there being any Order from the Civil Court. 6 7. Considering the submissions made and on perusal of the record, the Order passed by the Civil Court in I.A.No.907 of 2012 dated 21.04.2015 has become final and the order is communicated to the Station House Officer concerned on 25.04.2015, for providing police aid to protect the interest of the Petitioner over the subject property at his own expenditure, whenever it is necessary. 8. Accordingly, this Writ Petition is disposed of, directing the Respondent No.4 to look into the representation in the lines of the Order passed by the Civil Court in I.A.No.907 of 2012 dated 21.04.2015, which was communicated to the Police on 25.04.2015 and take appropriate steps, as long as the injunction is in favour of the Petitioner. 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: 20.11.2025. Note: Issue CC by 21.11.2025, B/o. UPS 7 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.31245 of 2025 Dated.20.11.2025 Note: CC by 21.11.2025, B/o. UPS 53