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2025 DAILYLAW 46254 (AP)

Muttamsetti Varalakshmi, v. THE STATE OF ANDHRA PRADESH

WP/31036/2025 · 2025-12-10

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010596192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE ELEVENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No: 31036/2025 Between: 1. MUTTAMSETTI VARALAKSHMI,, W/O. LATE BHASKARA RAO, AGED ABOUT 69 YEARS, R/O. D.NO.2-103, AKKIREDDYGUDEM VILLAGE, MUSUNURU MANDAL, ELURU DISTRICT. 2. MUTTAMSETTI VENKATA SUBBARAO,, S/O. LATE LATE BHASKARA RAO, AGED ABOUT 51 YEARS, R/O. D.NO.2-103, AKKIREDDYGUDEM VILLAGE, MUSUNURU MANDAL, ELURU DISTRICT. 3. UPPU VENKATA JYOTHI,, W/O. UPPU VENKATA SATYA NARAYANA, AGED ABOUT 59 YEARS, R/O. D.NO.1-3, TURPU POLIMERA GUDEM, TUVVACHALAKARAYULAPALEM, LINGAPALEM MANDAL, KONIJERLA VILLAGE, ELURU DISTRICT. 4. UPPU SRI DEVI,, W/O. UPPU NAGARAJU, AGED ABOUT 42 YEARS, R/O. D.NO.2-87, AKKIREDDYGUDEM VILLAGE, MUSUNURU MANDAL, ELURU DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DIRECTOR GENERAL OF POLICE DGP, POLICE HEAD QUARTER, MANGALAGIRI, GUNTUR DISTRICT. 3. THE SUPERINTENDENT OF POLICE, ELURU, ELURU DISTRICT. 4. THE STATION HOUSE OFFICER, MUSUNURU POLICE STATION, MUSUNURU, ELURU DISTRICT. 5. BARMA VENKATA NARAYANA, S/O.VENKATESWARA RAO, AGED ABOUT 56 YEARS, OCC AGRICULTURIST, R/O.AKKIREDDIGUDEM VILLAGE, MUSUNURU MANDAL, KRISHNA DISTRICT. 6. BARMA MADHAVA RAO, S/O.JAMALAIAH, AGED ABOUT 51 YEARS, OCC AGRICULTURIST, R/O.AKKIREDDIGUDEM VILLAGE, MUSUNURU MANDAL, KRISHNA DISTRICT. 7. BARMA SAMBAIAH, S/O.JAMALAIAH, AGED ABOUT 53 YEARS, OCC AGRICULTURIST, R/O.AKKIREDDIGUDEM VILLAGE, MUSUNURU MANDAL, KRISHNA DISTRICT. 2 8. BARMA SIVAIAH, S/O.KONDAIAH, AGED ABOUT 55 YEARS, OCC AGRICULTURIST, R/O.AKKIREDDIGUDEM VILLAGE, MUSUNURU MANDAL, KRISHNA DISTRICT. 9. PULIBALLA VEKATESWARA RAO, S/O.POTHAIAH, AGED ABOUT 66 YEARS, OCC AGRICULTURIST, R/O.AKKIREDDIGUDEM VILLAGE, MUSUNURU MANDAL, KRISHNA DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. NARASIMHA RAO GUDISEVA Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “.... a Writ of Mandamus declaring the action, things and deeds of Respondents Nos.1 to 4 in not providing police protection to enable the Petitioners to cultivate their land in an extent of Ac.3.70 cents in R.S.No.206/1A and 1C, Akkireddygudem Village, Musunuru Mandal, Eluru District in pursuance of the Decree and Judgment of Permanent Injunction dated 08-02-2016 on the file of the Court of the Principal Junior Civil Judge, Nuzividu granted in favour of the Plaintiff therein i.e., (father of 1st Petitioner) and against Respondents Nos. 5 to 9, which is illegal, irregular, arbitrary, un constitutional, unjust, against to the provisions of B.N.S.S., and against the Settled Legal Position and in violation of Articles 14, 19, 21 and 300-A of Constitution of India, consequently direct the Respondents to provide Police Aid/Protection to enable the Petitioners to cultivate their land in an extent of Ac.3.70 cents in R.S.N0.2O6/IA and 1C, Akkireddygudem Village, Musunuru Mandal, Eluru District 07-07-2025 and 26-09-by considering the Petitioners Representation dated 2025.” 2. Sri Narasimha Rao Gudiseva, learned counsel for the Petitioners would submit that the husband of Petitioner No.1 herein filed a suit in O.S.No.135 of 2003 on the file of the Court of Principal Junior Civil Judge, Nuzividu for declaration of title and consequential permanent injunction and the same is decreed in his favour vide judgment dated 08.02.2016. Aggrieved thereby, the unofficial Respondents herein, who are the defendants in the said suit, filed appeal in A.S.No.29 of 2016 on the file of the Court of XV Additional 3 District Judge, Nuzividu and the same was allowed vide judgment dated 29.03.2023. Being aggrieved, the husband of Petitioner No.1 preferred second appeal in S.A.No.419 of 2023 before this Court and obtained interim suspension of decree and judgment in A.S.No.29 of 2016 vide Order dated 05.09.2023 in I.A.No.1 of 2023 in S.A.No.419 of 2023. Learned counsel for the Petitioners would further submit that, in the light of the said order, the Petitioners have submitted a representation to the Police seeking Police Aid to protect their property, and the same is not considered by the Police. 3. Sri P.Ajay Babu, learned Assistant Government Pleader for Home would submit that the Court may pass appropriate orders. 4. Inspite of service of notice on Respondent Nos.5 to 9, none represented on their behalf. 5. In the light of the submissions made, since the husband of Petitioner No.1 herein got a decree and judgment for declaration of title as well as permanent injunction in his favour and now the same is restored by order in I.A.No.1 of 2023 in S.A.No.419 of 2023 by this Court, the Writ Petition is disposed of. However, Police are directed to look into the grievance of the Petitioners and attend their cause so long as the order in I.A.No.1 of 2023 in S.A.No.419 of 2023, is in force. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:11.12.2025 Dinesh 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.31036 of 2025 Dt.11.12.2025 Dinesh