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2025 DAILYLAW 46895 (AP)

KANCHARAPU POLAMMA v. The State of Andhra Pradesh

WP/35305/2022 · 2025-11-11

Venkata Jyothirmai Pratapa

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010582862022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE TWELFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 35305/2022 Between: 1. KANCHARAPU POLAMMA, W/O LATE RAJARAO, AGE 75 YEARS, R/O DNO 13-1-243, KUPPILIVARI VEEDHI, METTIKKIVALASA, AMADALAVALASA, SRIKAKULAM DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT, AP GOVT SECRETARIAT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE SUPERINTENDENT OF POLICE, , SRIKAKULAM DISTRICT, SRIKAKULAM. 3. THE STATION HOUSE OFFICER, AMADALAVALASA POLICE STATION, AMADALAVALASA, SRIKAKULAM DISTRICT. 4. BONTHU RAMU, S/O NOT KNOWN, AGE 60 YEARS, R/O KUPPILIVARI VEEDHI, METTIKKIVALASA, AMADALAVALASA, SRIKAKULAM 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 an appropriate writ, order or direction more particularly one in the nature in WRIT of MANDAMUS to declare the action of the Respondents in not providing police aid protection to safeguard the Petitioner Property 2 situated at the DNo 13-1-243, Kuppilivari Veedhi, Mettikkivalasa, Amadalavalasa, Srikakulam District as permanent injunction granted by competent civil court in 0.S NO 114 of 1997 Dated 14.2.2002 on the file of the Junior Civil Judge, Amadalavalasa and not considering the Petitioners representation Dated 2.9.2022 which is illegal, arbitrary and contrary to law and violations of Principles of Natural Justice and contrary Articles 14, 300-A 8s 21 of Constitution of India and consequently direct the Respondents consequently direct the respondent to provide police aid to petitioners property and consider the Petitioners representation Dated 2.9.2022 and pass IA NO: 1 OF 2022 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 to forthwith take immediate steps to provide police aid to petitioners property and consider the Petitioners representation Dated 2.9.2022 and pass Counsel for the Petitioner: 1. S SRINIVASA RAO Counsel for the Respondent(S): 1. GP FOR HOME 2. . 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 35305 of 2022 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: <…to issue an appropriate writ, order or direction more particularly one in the nature in WRIT of MANDAMUS to declare the action of the Respondents in not providing police aid protection to safeguard the Petitioner Property situated at the D.No.13-1-243, Kuppilivari Veedhi, Mettikkivalasa, Amadalavalasa, Srikakulam District as permanent injunction granted by competent civil court in O.S No. 114 of 1997 dated 14.02.2002 on the file of the Junior Civil Judge, Amadalavalasa and not considering the Petitioners representation Dated 2.9.2022 which is illegal, arbitrary and contrary to law and violations of Principles of Natural Justice and contrary Articles 14, 300-A 8s 21 of Constitution of India and consequently direct the Respondents consequently direct the respondent to provide police aid to petitioners property and consider the Petitioners representation dated 02.09.2022 and pass.…= 2. Heard Sri S. Srinivasa Rao, learned counsel for the Petitioner and Sri V.Farook, learned Assistant Government Pleader for Home for the Official Respondents. Sri M. Krishna Rao, learned counsel would submit that they have given no objection to their client even in the year 2022. None represented for the Unofficial Respondent. 3. Learned counsel for the Petitioner would submit that in the light of the Interim Order dated 08.11.2022, no further Orders are required in this matter. Learned counsel for the Petitioner would further submit that by making the Interim Order as absolute, the petition may be disposed of. 4 4. For ready reference, the relevant portion of the Interim Order dated 08.11.2022, passed by a Coordinate Bench of this Court is extracted hereunder: <Pending further orders, there shall be a direction to the 3rd respondent to assist the petitioner in implementing the permanent injunction order obtained by the petitioner by way of judgment and decree of the Junior Civil Judge, Amadalavalasa, Srikakulam dated 14.02.2002 in O.S.Nos. 109 of 1997, 114 of 1997 and 138 of 1997. This would require the 3rd respondent to ensure that the 4th respondent or the persons claiming through the 4th respondent do not forcibly make constructions across the E.G. Line shown in the plaint plan. The petitioner shall give specific intimation to the 3rd respondent in the event of any construction being undertaken by the 4th respondent upon which the 3rd respondent shall take action.= 5. Learned Assistant Government Pleader for Home is in attendance and would submit that the Court may pass appropriate Orders. 6. In that view of the matter, this Writ Petition is disposed of making the above said Interim Order as absolute. 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: 12.11.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.35305 of 2022 Dated.12.11.2025 UPS 180