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2025 DAILYLAW 46633 (AP)

Smt. Boyiri Padma, v. The State of Andhra Pradesh,

WP/12873/2021 · 2025-10-15

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010223512021 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY,THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION Between: 1. Smt. Boyiri Padma,, W/o Late Kanakaraju, aged 43 years, Hindu, Household, D.No. 36-4-8 and D. No. 36 Visakhapatnam 1. The State of Andhra Pradesh, Rep. by its Principal Secr Department, A.P. Secretariat, Velagapudi, Amaravati. 2. The Commissioner of police, Visakhapatnam District, Visakhapatnam. 3. The Station House Officer, 5th Town Police Station, Visakhapatnam District. 4. Malla Krishna, S/o Late Malla Varahala and 57-1-11, Kancharapalem, Visakhapatnam. 5. Malla Bhaskar, S/o Late Malla Varahalamma, Hindu, Major, D.No.57 and 57-1-11, Kancharapalem, Visakhapatnam. 6. Smt Malla Subha, D/o Late Malla Varahalamma, Hindu, Major, D 10 and 57-1-11, Kancharapalem, Visakhapatnam. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 12873 OF 2021 1. Smt. Boyiri Padma,, W/o Late Kanakaraju, aged 43 years, Hindu, 8 and D. No. 36-4-8/1, Ganganagar, Kancharapalem, ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, A.P. Secretariat, Velagapudi, Amaravati. 2. The Commissioner of police, Visakhapatnam District, Visakhapatnam. 3. The Station House Officer, 5th Town Police Station, Visakhapatnam 4. Malla Krishna, S/o Late Malla Varahalamma, Hindu, Major, D.No.57 11, Kancharapalem, Visakhapatnam. 5. Malla Bhaskar, S/o Late Malla Varahalamma, Hindu, Major, D.No.57 11, Kancharapalem, Visakhapatnam. 6. Smt Malla Subha, D/o Late Malla Varahalamma, Hindu, Major, D 11, Kancharapalem, Visakhapatnam. IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. Smt. Boyiri Padma,, W/o Late Kanakaraju, aged 43 years, Hindu, 8/1, Ganganagar, Kancharapalem, ...Petitioner etary, Home 2. The Commissioner of police, Visakhapatnam District, Visakhapatnam. 3. The Station House Officer, 5th Town Police Station, Visakhapatnam mma, Hindu, Major, D.No.57- 1-10 5. Malla Bhaskar, S/o Late Malla Varahalamma, Hindu, Major, D.No.57- 1-10 6. Smt Malla Subha, D/o Late Malla Varahalamma, Hindu, Major, D.No.57-1- 7. Smt Malla Padma alias Buddi, D/o Late Malla Varhalamma, Hindu, Major, D.No.57-1-10 and 57-1-11, Kancharapalem, Visakhapatnam. 8. Smt A Lakshmi, W/o not known to this Petitioner, Hindu, Major, D.No.57-1- 10 and 57-1-11, Kancharapalem, Visakhapatnam. ...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, writ or direction more particularly one in the nature of writ of Mandamus declaring the action of Respondents more particularly 3rd respondent in not granting police aid to implement the Permanent Injunction Decree dated 11.08.2010 to the petitioner as illegal, highhanded, unconstitutional, deliberate, unwarranted, unsustainable, arbitrary against Law as well as principles of natural justice and consequently direct the Responder),ts to provide police aid to the petitioner in order to implement the Decree of Permanent injunction dated 11.08.2010 passed by the Hon'ble II Additional Junior Civil Judge Court, Visakhapatnam restraining the respondents 4 to 8 along with their hench men 86 family members from interfering with the peaceful possession and enjoyment of the petitioner in respect of the property House bearing D.No-36-4-8 and 36-4-8/1, Ganga Nagar, Kancharapalem, Visakhapatnam Municipal Corporation limits, Visakhapatnam District and pass IA NO: 1 OF 2021 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 provide police aid to the petitioner in order to implement the Decree of Permanent Injunction dated 11.08.2010 passed by the Hon'ble II Additional Junior Civil Judge Court, Visakhapatnam restraining the respondents 4 to 8 along with their hench men & family members from interfering with the peaceful possession and enjoyment of the petitioner in respect of property D.No:36-4-8 and 36-4-8/1, Ganga Nagar, Kancharapalem, Visakhapatnam Municipal Corporation limits, Visakhapatnam District and pass IA NO: 2 OF 2021 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 order substitute service by way of paper publication in any Telugu News paper like Justice Today 86 Vijaya Bhanu, for appearance of unofficial respondents, and to pass IA NO: 3 OF 2021 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 permit the petitioner to bring proposed respondent no.9 on record as legal representative of the deceased respondent no.5 in above WP.No. 12873 of 2012 and in IA 1 of 2021 as respondent no.9 and to pass Counsel for the Petitioner: ARRABOLU SAI NAVEEN Counsel for the Respondents: GP FOR HOME The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 12873 OF 2021 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue an order, writ or direction more particularly one in the nature of writ of Mandamus declaring the action of Respondents more particularly 3rd respondent in not granting police aid to implement the Permanent Injunction Decree dated 11.08.2010 to the petitioner as illegal, highhanded, unconstitutional, deliberate, unwarranted, unsustainable, arbitrary against Law as well as principles of natural justice and consequently direct the Responder),ts to provide police aid to the petitioner in order to implement the Decree of Permanent injunction dated 11.08.2010 passed by the Hon'ble II Additional Junior Civil Judge Court, Visakhapatnam restraining the respondents 4 to 8 along with their hench men 86 family members from interfering with the peaceful possession and enjoyment of the petitioner in respect of the property House bearing D.No-36-4-8 and 36-4-8/1, Ganga Nagar, Kancharapalem, Visakhapatnam Municipal Corporation limits, Visakhapatnam District and pass…” 2. Heard Sri A.Sai Naveen, learned Counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents. 3. Learned counsel for the petitioner would submit that the relief has become infructuous in this matter. 4. Learned Assistant Government Pleader is in attendance. 5. Recording the same, the Writ Petition is dismissed as infructuous. No order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Date: 16.10.2025 KKV HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA 16 W.P.No.12873 of 2021 Dated.16.10.2025 KKV