Extracted from the PDF above. The PDF is authoritative.
APHC010328662023
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 16901/2023 Between:
1. B LAKSHMI DEVI, W/O.B.SEVYANAIK, AGED ABOUT 51 YEARS, OCC HOUSE WIFE RIO. DOOR NO.1/1860-4, SRI RAM NAGAR, KADAPA, Y.S.R DISTRICT
...PETITIONER AND
1. THE STATE OF AP, REP., BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTORCUMEXECUTIVE MAGISTRATE, KADAPA, Y.S.R DISTRICT. 3. THE SUPERINTENDENT OF POLICE, , KADAPA DISTRICT, Y.S.R DISTRICT. 4. THE TAHSILDAR, C.K.DINNE MANDAL, Y.S.R DISTRICT. 5. THE STATION HOUSE OFFICER, C.K.DINNE P.S.
6.
B ANJANAMMA, W/O. LATE RAMANA NAIK, AGED ABOUT 40 YEARS, R/O.S.T.A.L. COLONY, NAGIREDDYPALLI POST, C.K.DINNE MANDAL, Y.S.R 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 pleased to issue an appropriate Writ, Order or direction more
particularly one in the nature of Writ of Mandamus declaring the endorsement, dated 07.06.2023 issued by the respondent No.5 stating that, the matter in dispute is of civil nature, that, they cannot interfere in the same and directing the petitioner to approach competent civil court for adjudication of dispute, eventhough, the matter has already been adjudicated by the court of the Principal Junior Civil Judge, Kadapa, Y.S.R District in 0.S.No.199 of 2011 and an order of permanent injunction restraining the respondent No.6 and her men from interfering with her peaceful possession and enjoyment over the land in an extent of Ac.0.04 1/2 cents in Sy.No.730 of Utukuru Village fields, C.K.Dinne Mandal, Y.S.R District has already been granted vide Orders, dated 01.07.2015 as arbitrary, illegal and abdication of statutory duty cast on them and apart from being violative of the fundamental and Constitutional rights guaranteed to the petitioner under Articles 14, 19, 21 and 300-A of the Constitution of lndiaand consequently direct the respondents No.2 to 5 to grant police aid for implementation of the Orders, dated 01.07.2015 in O.S.No.199 of 2011 on the file of the court of the Principal Junior Civil Judge, Kadapa, Y.S.R District, by setting aside the endorsement, dated 07.06.2023 issued by the respondent No.5 and pass IA NO: 1 OF 2023 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 respondentsNo. 2 to 5 to consider the application.
dated 12.06.2023 submitted by the petitoner, pending disposal of the above writ petition and pass Counsel for the Petitioner:
1. V R REDDY KOVVURI Counsel for the Respondent(S):
1. GP FOR HOME
2. GP FOR REVENUE The Court made the following:
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 16901/2023
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 of Writ of Mandamus declaring the endorsement, dated 07.06.2023 issued by the respondent No.5 stating that, the matter in dispute is of civil nature, that, they cannot interfere in the same and directing the petitioner to approach competent civil court for adjudication of dispute, eventhough, the matter has already been adjudicated by the court of the Principal Junior Civil Judge, Kadapa, Y.S.R District in 0.S.No.199 of 2011 and an order of permanent injunction restraining the respondent No.6 and her men from interfering with her peaceful possession and enjoyment over the land in an extent of Ac.0.04 1/2 cents in Sy.No.730 of Utukuru Village fields, C.K.Dinne Mandal, Y.S.R District has already been granted vide Orders, dated 01.07.2015 as arbitrary, illegal and abdication of statutory duty cast on them and apart from being violative of the fundamental and Constitutional rights guaranteed to the petitioner under Articles 14, 19, 21 and 300-A of the Constitution of lndiaand consequently direct the respondents No.2 to 5 to grant police aid for implementation of the Orders, dated 01.07.2015 in O.S.No.199 of 2011 on the file of the court of the Principal Junior Civil Judge, Kadapa, Y.S.R District, by setting aside the endorsement, dated 07.06.2023 issued by the respondent No.5 and pass…”
2. Heard Sri V.R.Reddy Kovvuri, learned counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home.
3.
Learned counsel for the petitioner would submit that the petitioner had filed a civil suit in O.S.No.199 of 2011 on the file of the Principal Junior Civil Judge, Kadapa, Y.S.R. District seeking permanent injunction against the
unofficial respondents. The suit was decreed in favor of the petitioner and one B. Nagendra Naik, vide judgment dated 01.07.2015. The petitioner thereafter submitted a representation to the District Collector seeking police aid for implementation of the said decree. The Inspector of Police refused to act stating that the matter is civil in nature vide endorsement dated 07.06.2023.
4. Learned Assistant Government Pleader for Home would submit that the Court may pass appropriate orders.
5. In the light of the said submissions, the writ petition is disposed of. However, the respondent police are directed to look into the representation of the petitioner seeking police aid and take necessary action for implementation of the decree so long as the injunction remains in her favor. There shall be no
order as to costs.
As a sequel thereto, all miscellaneous petitions pending, if any, shall stand closed _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 08.12.2025 KKV
HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
WRIT PETITION NO: 16901/2023 08.12.2025
KKV
332
HIGH COURT OF ANDHRA PRADESH:: AMARAVATI MAIN CASE NO.: WRIT PETITION NO: 16901/2023 PROCEEDING SHEET Sl. No. Date
ORDER OFFICE NOTE
08.12.2025
Dr.VJP,J
The Writ Petition is disposed of.
(vide separate order)
________ Dr.VJP,J KKV