Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 43021 (AP)

MANCHURI JANARDHAN REDDY v. THE STATE OF AP

WP/28755/2025 · 2025-10-16

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010558072025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY,THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION Between: 1. MANCHURI JANARDHAN REDDY, S/o. Narayana Reddy, aged about 55 years, Occ Cultivation, R/o Rachaveetivaripalle, Nimmanapalle Mandal, Annamayya District, Andhra Pradesh. 1. THE STATE OF AP, Rep by its Princ Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Superintendent of Police, Annamayya District, at Rayachoti. 3. The SubDivisional Superintend of Police, Madanapalle Sub DSP, Madanapalle Post, An 4. The Station House Officer, Nimmanapalle Police Station, Nimmanapalle Mandal, Annamayya District. 5. Gadi Thimmappa, , S/o. Papanna, aged about 73 years, R/o Rachaveetivaripalle, Nimmanapalle Mandal, Annamayya District. 6. Gadi Parvathamma, W/o. Thimmappa, aged about 63 years, R/o Rachaveetivaripalle, Nimmanapalle Mandal, Annamayya District. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 28755 OF 2025 1. MANCHURI JANARDHAN REDDY, S/o. Narayana Reddy, aged about 55 years, Occ Cultivation, R/o Rachaveetivaripalle, Nimmanapalle Mandal, Annamayya District, Andhra Pradesh. ...Petitioner AND 1. THE STATE OF AP, Rep by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Superintendent of Police, Annamayya District, at Rayachoti. 3. The SubDivisional Superintend of Police, Madanapalle Sub-Division, O/o DSP, Madanapalle Post, Annamayya District. 4. The Station House Officer, Nimmanapalle Police Station, Nimmanapalle Mandal, Annamayya District. 5. Gadi Thimmappa, , S/o. Papanna, aged about 73 years, R/o Rachaveetivaripalle, Nimmanapalle Mandal, Annamayya District. thamma, W/o. Thimmappa, aged about 63 years, R/o Rachaveetivaripalle, Nimmanapalle Mandal, Annamayya District. IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. MANCHURI JANARDHAN REDDY, S/o. Narayana Reddy, aged about 55 years, Occ Cultivation, R/o Rachaveetivaripalle, Nimmanapalle Mandal, ...Petitioner ipal Secretary, Home Department, Division, O/o 4. The Station House Officer, Nimmanapalle Police Station, Nimmanapalle 5. Gadi Thimmappa, , S/o. Papanna, aged about 73 years, R/o thamma, W/o. Thimmappa, aged about 63 years, R/o 7. Gadi Ramachandra, , S/o. Thimmappa, aged about 53 years, R/o Rachaveetivaripalle, Nimmanapalle Mandal, Annamayya 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 pleased to issue an order, direction or writ, more particularly one in the nature of writ of Mandamus, declaring the action of the respondents 2 to 4 in not registering the crime the complaint dated 04.09.2025 lodged by the petitioner and thereby allowing respondent no. 5to 7 to make repeated attempts of trespass into the subject land in an extent of Sy.No.55, Extent Ac.3.28 cents, Sy.No.56/A-2 Ac.1.17 cents, Sy.No.56/A-1 Ac.1.05 cents and Sy.No.56/A-3 Ac.2.30 cents in Rachavetivaripalle Revenue Village, Nimmanapalle Mandal, Madanapalle Revenue Division present Annamayya District is illegal arbitary, unjust and violation of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents 5 to 7 to register the crime by taking the complaint dated 04.09.2025 and provide police protection to implement the decree and judgement passed in O.S.No.360 of 2007 on the file of 1st Additional Junior Civil Judge, Madanapalle, Chittor District present Annamaya 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 pleased to direct the respondent 2 to 4 to forthwith register a crime on complaint made by the petitioner dated 04.09.2025 and to take necessary steps to implement the decree and judgement passed by the O.S.No.360 of 2007 on the file of 1st Additional Junior Civil Judge, Madanapalle, Chittor District present Annamaya District, Pending disposal of the writ petition, and pass Counsel for the Petitioner: M VENKATA RAMANA REDDY Counsel for the Respondents: GP FOR HOME The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 28755 OF 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “….pleased to issue an order, direction or writ, more particularly one in the nature of writ of Mandamus, declaring the action of the respondents 2 to 4 in not registering the crime the complaint dated 04.09.2025 lodged by the petitioner and thereby allowing respondent no. 5to 7 to make repeated attempts of trespass into the subject land in an extent of Sy.No.55, Extent Ac.3.28 cents, Sy.No.56/A-2 Ac.1.17 cents, Sy.No.56/A-1 Ac.1.05 cents and Sy.No.56/A-3 Ac.2.30 cents in Rachavetivaripalle Revenue Village, Nimmanapalle Mandal, Madanapalle Revenue Division present Annamayya District is illegal arbitary, unjust and violation of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents 5 to 7 to register the crime by taking the complaint dated 04.09.2025 and provide police protection to implement the decree and judgement passed in O.S.No.360 of 2007 on the file of 1st Additional Junior Civil Judge, Madanapalle, Chittor District present Annamaya District, and pass…” 2. Heard Sri M. Venkata Ramana, learned counsel for the petitioner, and Sri V. Farooq, learned Assistant Government Pleader for Home appearing for the respondents. 3. Learned counsel for the petitioner submitted that the petitioner had filed O.S.No.360 of 2007 on the file of the I Additional Junior Civil Judge, Madanapalle, Chittoor District, seeking permanent injunction, and the suit was decreed on 13.08.2007. He further submitted that despite the said decree being in force, the unofficial respondents are making repeated attempts to trespass into the petitioner’s property. Learned counsel would submit that the petitioner has approached the police and submitted a representation seeking police protection, but the police have not respondent his representation to protect his property. 4. Sri V.Farooq, learned Assistant Government Pleader for Home, on written instructions, would submit that, the matter is purely related to the civil issues, the respondent police never interfere with the civil issues, they have not given any protection and that they are ready to obey the orders of this Court. 5. In the light of the decree and judgment in O.S.No. 360 of 2007 on the file of 1st Additional Junior Civil Judge, Madanapalle, Chittoor District which is in the favor of the petitioner as on this day, the writ petition is disposed of, directing the police to consider the representation of the petitioner and take appropriate steps according to the law to protect the property of the petitioner so long as the decree is in their favor. 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:17.10.2025 KKV HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA 139 W.P.No.28755 of 2025 Dt.17.10.2025 KKV