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2025 DAILYLAW 45964 (AP)

YARRAGUDI RAMA MOHAN REDDY v. The State of Andhra Pradesh

WP/26752/2025 · 2025-09-25

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010518952025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY, THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 26752 OF 2025 Between: 1. YARRAGUDI RAMA MOHAN REDDY, S/o. Bayya Reddy,aged about 53 years, R/o.439, Yerragudivaripalle, Nadimikandriga Village Gurramkonda Mandal, Chittoor District,Andhra Pradesh. (Presently Annamayya District). 1. The State of Andhra Pradesh, Rep.by its Principal Secretary( Home), State Secretariat Buildings, Velagapudi, Guntur District, A.P. 2. 2. The Director General of Police, Managalgiri,Andhra Pradesh. 3. 3. The Superintendent of Police, Chittoo Annamayya District). 4. 4. The Sub Inspector of Police, GurramkondaPolice Station, Chittoor District,Andhra Pradesh. (Presently Annamayya District). 5. 5. P Malli reddy, S/o. Late P. Chinnapa Reddy Aged about not 6. P Chinnapa Reddy Chakapa, S/o. Late Chinnapa Reddy, Aged about not known. 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA PETITION NO: 26752 OF 2025 1. YARRAGUDI RAMA MOHAN REDDY, S/o. Bayya Reddy,aged about 53 years, R/o.439, Yerragudivaripalle, Nadimikandriga Village Gurramkonda Mandal, Chittoor District,Andhra Pradesh. (Presently Annamayya District). ...Petiti AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary( Home), State Secretariat Buildings, Velagapudi, Guntur District, A.P. 2. 2. The Director General of Police, Managalgiri,Andhra Pradesh. 3. 3. The Superintendent of Police, Chittoor District,Andhra Pradesh. (Presently 4. The Sub Inspector of Police, GurramkondaPolice Station, Chittoor District,Andhra Pradesh. (Presently Annamayya District). 5. 5. P Malli reddy, S/o. Late P. Chinnapa Reddy Aged about not known. 6. 6. P Chinnapa Reddy Chakapa, S/o. Late Chinnapa Reddy, Aged about not ...Respondents IN THE HIGH COURT OF ANDHRA PRADESH THE TWENTY SIXTH DAY OF SEPTEMBER THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. YARRAGUDI RAMA MOHAN REDDY, S/o. Bayya Reddy,aged about 53 years, R/o.439, Yerragudivaripalle, Nadimikandriga Village Gurramkonda Mandal, Chittoor District,Andhra Pradesh. (Presently Annamayya District). ...Petitioner 1. The State of Andhra Pradesh, Rep.by its Principal Secretary( Home), State r District,Andhra Pradesh. (Presently 4. The Sub Inspector of Police, GurramkondaPolice Station, Chittoor known. 6. 6. P Chinnapa Reddy Chakapa, S/o. Late Chinnapa Reddy, Aged about not ...Respondents 2 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 a Writ or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent nos. 3 and 4 in issuance R.C.No.ANMY202507141814, dated 13.08.2025 of as illegal, arbitrary and against principles of natural justice apart from the violation of Article 21 of Constitution of India and consequently direct the respondent nos. 3 and 4 for providing necessary police protection to cultivate for the petitioners land to an extent of Ac. 0.75 cents covered by Survey No. 647/G of Pamulurivaripalli Village, Gurramkonda Mandal, in the interest of justice 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 4th respondent to provide protection to the petitioner to cultivate his land and pass Counsel for the Petitioner: SINGARAJU MAHASWETHA VARMA Counsel for the Respondents: GP FOR HOME The Court made the following order: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 26752 OF 2025 This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “….pleased to issue a Writ or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent nos. 3 and 4 in issuance R.C.No.ANMY202507141814, dated 13.08.2025 of as illegal, arbitrary and against principles of natural justice apart from the violation of Article 21 of Constitution of India and consequently direct the respondent nos. 3 and 4 for providing necessary police protection to cultivate for the petitioners land to an extent of Ac. 0.75 cents covered by Survey No. 647/G of Pamulurivaripalli Village, Gurramkonda Mandal, in the interest of justice and pass….” 02. Heard learned counsel for the petitioner and Sri V. Farooq, learned Assistant Government Pleader for Home, appearing on behalf of the official respondents. 03. The grievance of the petitioner is that despite his entitlement to cultivate his land admeasuring Ac.0.75 cents in Survey No.647/G of Pamulurivaripalli Village, Gurramkonda Mandal, the respondents have failed to extend necessary police protection, and further, the impugned order issued vide R.C.No.ANMY202507141814, dated 13.08.2025, is contrary to the law. 04. Learned Assistant Government Pleader for Home, on instructions, submitted that there exists an endorsement of the Tahsildar, Gurramkonda, dated 21.12.2024, in relation to the subject matter, and in view of the said endorsement, the present writ petition is not maintainable in this Court’s jurisdiction. 4 05. Having regard to the submissions and on perusal of the endorsement issued by the Tahsildar, Gurramkonda, this Court is of the view that the grievance raised by the petitioner involves disputed questions of fact touching upon his civil rights and title over the land. It is a settled principle of law that when an efficacious alternative remedy is available under the statute, the parties are expected to avail the same, rather than invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. In the present case, the petitioner is at liberty to avail appropriate legal remedies before the competent civil forum for redressal of his grievance. 06. Accordingly, this Writ Petition is disposed of, granting liberty to the petitioner to work out his remedies before the appropriate forum in accordance with law. 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: 26.09.2025. KKV 5 185 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO:26752 OF 2025 26.09.2025 KKV