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2025 DAILYLAW 44359 (AP)

A KALAVATHI v. THE STATE OF ANDHRA PRADESH

WP/14609/2023 · 2025-07-03

Harinath N

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Judgment text

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APHC010284992023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE FOURTH DAY OF JULY ^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N c WRIT PETITION NO: 14609 OF 2023 ^ Between: Smt. A Kalavathi, W/o A.Muni Kumar, Aged about 40 years, Occ; Agriculture, R/o.D.No.4-36, Kurapalli Village, H/o. Pasapattur Village and post, Gangavaram Mandal, Chittoor District. ...Petitioner AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Department of Home, Secretariat Buildings, Velagapudi, Guntur District. 2. The Superintendent of Police, Chittoor District, Chittoor. 3. The Deputy Superintendent of Police, Palamaner, Chittoor District. 4. The Circle Inspector of Police, Gangavaram Mandal, Chittoor District. 5. Sub-Inspector of Police, Gangavaram Mandal, Chittoor District. 6. G Gurumurthy, S/o. G.Narayanappa, Aged about 30 years, Occ. Agriculture, R/o.Majeapalli Village, H/o. Passapatur, Village, Gundugallu post, Gangavaram Mandal, Chittoor District. 7. K Subramanyam, S/o. Kapalam Muni Subbanna, Occ. Agriculture, R/o.Sankar Rayalapeta Village, Peddapanjani Mandal, Chittoor District. Aged about 60 years, Sivadi Post, 8. Smt Nagamma, W/o. K. Subramanyam, Aged about 50 years, Occ. Agriculture, R/o. Sankar Rayalapeta Village, Sivadi Post, Peddapanjani Mandal, Chittoor District. 9. K Kumar, S/o. K. Subramanyam, Aged about 35 years, dec. Agriculture, R/o.Sankar Rayalapeta Village, Sivadi Post, Peddapanjani Mandal, Chittoor District. ^ Lakshmipathi, S/o. K. Subramanyam, Aged about 33 years, Occ. ^ Agriculture, R/o.Sankar Rayalapeta Village, Sivadi Post, Peddapanjani Mandal, Chittoor District. ./■■ 'ti 11. Smt Komala, D/o. K. Subramanyam, Aged about 27 years, Occ. Agriculture, R/o.Sankar Rayalapeta Village, Sivadi Post, Peddapanjani Mandal, Chittoor District. 12. Chiranjeevi, S/o. K. Subramanyam, Aged about 30 years, Occ. Agriculture, R/o.Sankar Rayalapeta Village, Sivadi Post, Peddapanjani Mandal, Chittoor District. 13. N Anil, S/o. N. Srinivasulu, Aged about 35 years, Occ. Mechanic, R/o.Sivadi Village and Post, Peddapanjani Mandal, Chittoor District. 14. M Subramanyam, S/o. M. Gangappa, Aged Agriculture, R/o. Passapatur Village, Gundugallu Mandal, Chittoor District. about 55 years, Occ. post, Gangavaram ...Respondents praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction respondents No.2 to 5 in providing police aid to the persons and property in an extant of Ac.0.50 Cents in Sy.No.168/2 in of Paspattur Village, Gangavaram Revenue Mandal, Chittoor District, from the pursuance of the injunction Decree, dated 06-07-2018 made in O.S.No.67 of 2018 on the file of the Junior Civil Judge at Palamaner, Chittoor District, as arbitrary, illegal, abdication of the statutory duty cast on them, contrary to the well settled legal position apart from being voilative of the fundamental rights guaranteed to me under Articles 14, 19 and 21 of the Constitution Petition under Article 226"^of the Constitution of India on the part of the respondents No.6 to 14 in of India. and consequently direct the respondents No.2 to 5 to provide police aid to the persons and property in an extant of Ac.0.50 Cents in Sy.No. 168/2 in of Paspattur Village Gangavaram Revenue Mandal, Chittoor District, from the respondents No.6 to 14 in pursuance of the injunction Decree, datet 06-07-2018 made in O.S.No.67 of 2018 on the file of the Junior Civil Judge aF Palamaner, Chittoor District. ^ lA NO: 1 OF 2023 Petition under Section 1^1 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 No.2 to 5 to provide police aid to the persons and property in an extant of Ac.0.50 Cents in Sy.No. 168/2 in of Paspattur Village Gangavaram Revenue Mandal, Chittoor District, from the respondents No.6 to made in 14 in pursuance of the injunction Decree, dated 06-07-2018 O.S.No.67 of 2018 on the file of the Junior Civil Judge at Palamaner, Chittoor District, pending disposal of the above Writ petition. - Counsel for the Petitioner: SMT. S PARINEETA Counsel for the Respondent Nos. 1 to 5: GP FOR HOME^ Counsel for the Respondent Nos. 6 to 14: — The Court made the following order: 1 HN, J W.P.No.14609 2023 APHC010284992023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY,THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 14609/2023 Between: 1.A KALAVATHI, W/0 A.MUNI KUMAR, AGED ABOUT 40 YEARS, OCC. AGRICULTURE, R/O.D.NO.4-36, KURAPALLI VILLAGE, H/O. PASAPATTUR VILLAGE AND POST, GANGAVARAM MANDAL, CHITTOOR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL DEPARTMENT OF HOME, SECRETARIAT SECRETARY, BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, CHITTOOR DISTRICT CHITTOOR. 3. THE DEPUTY SUPERINTENDENT OF POLICE, PALAMANER, CHITTOOR DISTRICT. 4. THE CIRCLE INSPECTOR OF POLICE, GANGAVARAM MANDAL, CHITTOOR DISTRICT. 5. SUB INSPECTOR OF POLICE, GANGAVARAM MANDAL, CHITTOOR DISTRICT. 6. G GURUMURTHY, , S/0. G.NARAYANAPPA, AGED ABOUT 30 YEARS, OCC. AGRICULTURE, R/O.MAJEAPALLI VILLAGE, H/O. PASSAPATUR, VILLAGE, GUNDUGALLU POST, GANGAVARAM 2 HN,J W.P.No.l4609_2023 mandal, chittoor district. 7. K SUBRAMANYAM, S/0. KAPALAM MUNI SUBBANNA o.w years, occ. agriculture rayalapeta village, sivadi post CHITTOOR DISTRICT. 8. SMT NAGAMMA, W/0. I YEARS, OCC. AGRICULTURE VILLAGE, SIVADI POST DISTRICT. AGED R/O.SANKAR PEDDAPANJANI MANDAL, ABOUT 60 K. SUBRAMANYAM aged about 50 R/0. sankar rayalapeta PEDDAPANJANI MANDAL, CHITTOOR 9. K KUMAR, S/0. K. SUBRAMANYAM, AGED ABOUT 35 YEARS OCC. AGRICULTURE, R/O.SANKAR RAYA^PETA ' SIVADI POST, PEDDAPANJANI MANDAL VILLAGE CHITTOOR DISTRICT. 10. K LAKSHMIPATHI, S/0. K. SUBRAMANYAM YEARS, OCC. AGRICULTURE, VILLAGE, SIVADI POST DISTRICT. AGED ABOUT 33 R/O.SANKAR RAYALAPETA PEDDAPANJANI MANDAL, CHITTOOR 11.SMT KOMAI^, d/O. K. SUBRAMANYAM, AGED ABOUT 27 YEARS OCC. AGRICULTURE, R/O.SANKAR RAYALAPETA SIVADI POST, PEDDAPANJANI MANDAL, CHl^^Oof^STRICT. opp SUBRAMANYAM. AGED ABOUT 30 YEARS OCC. AGRICULTURE, R/O.SANKAR RAYALAPETA SIVADI POST, PEDDAPANJANI MANDAL, CHITTOOR DISTRICT. 13.N ANIL, S/0. N. SRINIVASULU, MECHANIC, R/O.SIVADI VILLAGE mandal, chittoor district. 14.M SUBRAMANYAM, S/0. M. GANGAPPA OCC. AGRICULTURE GUNDUGALLU POST DISTRICT. VILLAGE, VILLAGE, AGED ABOUT 35 YEARS, OCC. ^ AND POST, PEDDAPANJANI AGED ABOUT 55 YEARS PASSAPATUR R/0. VILLAGE, MANDAL,CHITTOOR GANGAVARAM ■■.RESPONDENT(S): of India praying that in the i. the High Court may be or direction Petition under Article 226 of the Constitution _ circumstances stated in the affidavit filed therewith pleased topleased to i‘issue an appropriate Writ, Order more HN, J‘ W.P.No.l4609_2023 particularly one in the nature of Writ of Mandamus declaring the inaction on the part of the respondents No.2 to 5 in providing police aid to the persons and property in an extant of Ac.0.50 Cents in Sy.No.168/2 in of Paspattur Village, Gangavaram Revenue Mandal, Chittoor District, from the respondents No.6 to 14 in pursuance of the injunction Decree, dated 06-07-2018 O.S.No.67 of 2018 on the file of the Junior Civil Judge at Palamaner, Chittoor District, as arbitrary, illegal, abdication of the statutory duty cast on them, contrary to the well settled legal position apart from being voilative of the fundamental rights guaranteed to me under Articles 14, 19 and 21 of the Constitution of India, and consequently direct the respondents No.2 to 5 provide police aid to the persons and property in an extant of Ac.0.50 Cents in Sy.No. 168/2 in of Paspattur Village Gangavaram Revenue Mandal, Chittoor District, from the respondents No.6 to 14 in pursuance of the injunction Decree, dated 06-07-2018 made in O.S.No.67 of 2018 on the file of the Junior Civil Judge at Palamaner, Chittoor District, and lA NO: 1 OF 2023 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 respondents No.2 to 5 to provide police aid to the persons and property in an extant of Ac.0.50 Cents in Sy.No. 168/2 in of Paspattur Village Gangavaram Revenue Mandal, Chittoor District, from the respondents No.6 to 14 in pursuance of the injunction Decree, dated 06-07- 2018 made in O.S.No.67 of 2018 on the file of the Junior Civil Judge at Palamaner, Chittoor District, pending disposal of the above Writ petition and pass Counsel for the Petitioner: 1.SPARINEETA Counsel for the Respondent(S): 1.GP FOR HOME made in to pass 4 HN, J W.P.No.l4609_2023 The Court made the following Order: The learned counsel this Court to withdraw the present Writ Petition. 1. appearing for the petitioner(s) seeks permission of 2. Permission is accorded. 3. Accordingly, the Writ Petition i fresh petition. There shall be IS dismissed as withdrawn with a liberty to no order as to costs. Pending miscellaneous petitions, if any. shall stand closadx file a Sd/- M RAMESH BABU DEPUTY ^^ISTRAR SECTION OFFICER //TRUE COPY// To, 1. One CC to Smt. S Parineeta Advocate Two CCs to GP for Home Two CD Copies [OPUC]^ High Court of Andhra PradesfhfOUT] 2. 3. TF HIGH COURT nATED:04/07/2025 ,4^- P' r. P ORDER WP NO. 14609 OF 2023 of r.27f:CT2IV> i 3C ( ^ Current SeeW*'ikr 9 wmourcosTi"'”-