APHC010648422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 33591/2025 Between: 1. PONNATHOTA NAGESWARAMMA, AGED 61 YEARS, W/O. P. VENKATA RAMI REDDY, H.NO. 25-117B, SANJEEVANAGAR, NANDYAL, NANDYAL DISTRICT. 2. PAMMIREDDIGARI LATHA,, AGED 59 YEARS, W/O. VEERABHADRA REDDY, H.NO.3-62, DEEBAGUNTLA VILLAGE, NANDYAL DISTRICT. 3. PONNATHOTA VENKATARAMI REDDY, , AGED 62 YEARS, S/O. MAHESWARA REDDY, H.NO. 25-117B, SANJEEVANAGAR, NANDYAL, NANDYAL DISTRICT. 4. PAMIREDDIGARI VEERABHADRA REDDY,, AGED 67 YEARS, S/O. BALI REDDY, H.NO.3-62, DEEBAGUNTLA VILLAGE, NANDYAL DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, SECRETARIAT BUILDINGS, VELAGAPUDI. GUNTUR DISTRICT, AMARAVATHI. 2. THE SUPERINTENDENT OF POLICE, NANDYAL, NANDYAL DISTRICT. 3. THE DEPUTY SUPERINTENDENT OF POLICE, NANDYAL, NANDYAL DISTRICT. 2 4. THE STATION HOUSE OFFICER, NANDYAL III TOWN PS, NANDYAL DISTRICT. 5. THE SUBINSPECTOR OF POLICE, NANDYAL III TOWN PS, NANDYAL DISTRICT. 6. BENDAKAYALA MAHABOOB BASHA, , AGED 59 YEARS, S/O. ABDUL RAZAK SAHEB, H.NO.4/408, MS HIGH SCHOOL ROAD, NANDYAL TOWN, NANDYAL 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 a Writ of Mandamus declaring inaction of Respondents 2 to 5 in refusing to provide police protection/assistance to the Petitioners for evicting the 6TH Respondent from the subject property and handing over peaceful possession to the Petitioners as illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India and Consequently Direct the Respondents 2 to 5 to immediately provide adequate police protection to the Petitioners and render all necessary assistance to evict the 6TH Respondent from the subject property and to put the Petitioners in peaceful possession thereof in terms of the decree and Judgment dated 22.09.2025 in A.S. No.49/2018 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 the Respondents 2 to 5 to immediately provide adequate police protection to the Petitioners and render all necessary assistance to evict the 6* Respondent from the subject property and to put the Petitioners in peaceful possession thereof in terms of the decree and Judgment dated 22.09.2025 in A.S. No.49/2018; and pass Counsel for the Petitioner(S): 1. THATHIREDDY ASHOK SRIVASTAVA Counsel for the Respondent(S): 1. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 33591 of 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: <…to issue a Writ, Order or Direction more particularly a Writ of Mandamus declaring inaction of Respondent Nos. 2 to 5 in refusing to provide police protection/assistance to the Petitioners for evicting the 6th Respondent from the subject property and handing over peaceful possession to the Petitioners as illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the Respondent Nos. 2 to 5 to immediately provide adequate police protection to the Petitioners and render all necessary assistance to evict the 6th Respondent from the subject property and to put the Petitioners in peaceful possession thereof in terms of the decree and Judgment dated 22.09.2025 in A.S. No.49/2018.…= 2. Heard Sri Thathireddy Ashok Srivastava, learned counsel for the petitioners and Sri V.Farook, learned Assistant Government Pleader for Home, for the official respondents. 3. Learned counsel for the petitioners would submit that the unofficial respondent herein filed a suit for declaration of title and for permanent injunction in O.S.No.117 of 2012 on the file of learned Principal Senior Civil Judge, Nandyal, that was decreed vide Judgment dated 29.10.2018. Aggrieved thereby, the petitioners herein preferred an appeal in A.S.No.49 of 2018 on the file of learned III Additional District Judge, Kurnool at Nandyal. The appeal was allowed in favour of the petitioners vide Judgment dated 22.09.2025. Learned counsel for the petitioners would further submit that the 4 decree passed by the Trial Court is reversed now. Learned counsel would further submit that the unofficial respondent herein has been in possession and enjoyment of the subject property and that is why, the petitioners have submitted a representation to the police to evict the unofficial respondent from the subject property. 4. Learned Assistant Government Pleader for Home would submit on the representation made by the petitioners, the police called both the parties and bound over before the Tahsildar, Nandyal vide M.C.No.120 of 2025 dated 22.11.2025 to prevent further consequences. 5. Recording the above said submissions, this Writ Petition is disposed of. Be that as it may, the petitioners cannot seek the police aid for evicting the unofficial respondent from the subject property. The petitioners shall work out their remedies before the Civil Court for the said relief. 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: 03.12.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.33591 of 2025 Dated.03.12.2025 UPS 313