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2025 DAILYLAW 51441 (AP)

SYED AMEER JAN v. THE STATE OF ANDHRA PRADESH

WP/25023/2025 · 2025-09-17

Venkata Jyothirmai Pratapa

body2025

Judgment text

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1 APHC010472842025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 25023 OF 2025 Between: 1. SYED AMEER JAN, S/o. Late Syed Kamal Saheb, Aged about 53 years, Occ Business, R/o. 20/55, Ravi Hall Back Side, Saddam Street, Kothapalli, Rayachoty Town, Post, Mandal, Annamaya District. ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Principal Secretary to Government, Home Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Director General of Police, The Director General of Police, A.P. Police Head Quarters, Mangalagiri, Guntur District. 3. The Superintendent of Police, at District Police office, Raychoty, Annamayya District. 4. The District Collector and Magistrate, at Raychoty, Annamayya District 5. The Deputy Superintendent of Police, at District Police office, Raychoty, Annamayya District 6. The SubDivisional MagistratecumSubcollector, Raychoty Division, Annamayya District 2 7. The Inspector of Police, Rayachoty Rural Circle Office, Raychoty, Annamayya District. 8. The Station House Officer, Rayachoty Police Station, Annamayya District. 9. The Mandal Executive MagistratecumTahsilda, Raychoty, Annamayya District 10. Attar Habeebur Rahiman, S/o. Buran Sab, Aged 43 years, Occ- Business, R/o 63/56, Shukrumia Street, Trunk Road, Rayachoty Town, Post, Mandal, Annamayya District 11. Attar Azeezur Rahiman, S/o. Buran, Aged 39 years, Occ Business, R/o 63/56, Shukrumia Street, Trunk Road, Rayachoty Town, Post, Mandal, Annamaya District. 12. Attar Khaleelulla, S/o. Buran Sab, Age 36 years, Occ Business, R/o 63/56, Shukrumia Street, Trunk Road, Rayachoty Town, Post, Mandal, Annamaya District. 13. Attar Jameel, S/o. Buran Sab, Aged 31 years, Occ- Business, R/o 63/56, Shukrumia Street, Trunk Road, Rayachoty Town, Post, Mandal, Annamaya District. ...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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction on the part of respondents particularly respondents 5 to 9, on my representation dt. 09.08.2025 submitted for granting police aid for cultivation of my land of Ac.0.75 cents situated in Sy.No.819/2 of Rayachoty Town, Annamayya District, as illegal, irregular, irrational, violative of Articles 14, 21 and 300A of Constitution of India and consequently direct the respondents 7 to 9 to grant police aid for cultivation of my said land pursuant to permanent injunction 3 decree Dt. 30.09.2024 in O.S.No.78/2012 on the file of court of learned principal Civil Judge (Junior Division) Rayachoty, Annamayya District 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 respondents 7 to 9 to grant me police aid for cultivation of our land of Ac.0.75 cents situated in Sy.No.819/2 of Rayachoty Town, Annamayya District pursuant to permanent injunction decree granted in OS NO 78 OF 2012 Dt. 30.09.2024 on the file of Hon'ble Court of Principal Civil Judge (Junior Division) Rayachoty, Annamayya District, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: NIMMAGADDA REVATHI Counsel for the Respondents: GP FOR HOME Counsel for the Respondents:GP FOR REVENUE The Court made the following order: 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 25023 OF 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction on the part of respondents particularly respondents 5 to 9, on my representation dt. 09.08.2025 submitted for granting police aid for cultivation of my land of Ac.0.75 cents situated in Sy.No.819/2 of Rayachoty Town, Annamayya District, as illegal, irregular, irrational, violative of Articles 14, 21 and 300A of Constitution of India and consequently direct the respondents 7 to 9 to grant police aid for cultivation of my said land pursuant to permanent injunction decree Dt. 30.09.2024 in O.S.No.78/2012 on the file of court of learned principal Civil Judge (Junior Division) Rayachoty, Annamayya District and pass…” 02. Heard Sri Nimmagadda Revathi, learned counsel for the petitioner, and the learned Assistant Government Pleader for Home appearing for the respondents. 03. Learned counsel for the petitioner submitted that the petitioner filed a suit for permanent injunction and obtained a decree in O.S. No.78 of 2012, dated 30.09.2024, in his favour. Though the defendants have preferred an appeal, there is no order of stay against the decree. In that view of the matter, it is prayed that the police may be directed to consider the representation of the petitioner and extend necessary protection for cultivation of the land. 04. Learned Assistant Government Pleader for Home submitted that appropriate orders may be passed by this Court. 5 05. Considering the submissions made and in view of the decree passed in favour of the petitioner, this Writ Petition is disposed of directing the police authorities to consider the representation of the petitioner dated 09.08.2025 and take appropriate steps in accordance with law, so long as the decree for injunction remains in force. 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: 18.09.2025 KKV 6 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.25023 of 2025 Dated.18.09.2025 KKV 113