APHC010622362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] SATURDAY, THE TWENTY SECOND DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 32533/2025 Between: 1. COCHI SEHAGIRI RAO, S/O LATE C. SREENIVASA RAO, HINDU, AGED ABOUT 57 YEARS, D.NO 46, R.N. MADA STREET,TIRUPATHI URBAN MANDAL, TIRUPATHI DISTRICT - 517 501. MOBILE NO 9573592829 2. D. YAMUNA KRISHNA,, W/0 A. HARSHA, HINDU, AGED ABOUT 38 YEARS. RESIDING AT D.NO 7-17/1 SREE NAGAR COLONY, VAIKUNTAPURAM, TIRUPATHI URBAN MANDAL, TIRUPATHI DISTRICT - 517 502. MOBILE NO 7207202980 ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH. 2. THE SUPERINTENDENT OF POLICE, TIRUPATHI, TIRUPATI DISTRICT - 517 501. 3. THE STATION HOUSE OFFICER SHO, , M.R. PALLI POLICE STATION, TIRUPATHI DISTRICT. 4. ESANAKULA KARUNAKARA REDDY, S/O RAJAGOPAL REDDY, HINDU, AGED ABOUT, 56 YEARS, R/O. RAJA LITTLE LAMP SCHOOL, DHANALAKSHMI NAGAR, VAIKUNTAPURAM, TIRUPATI, TIRUPATI DISTRICT. 2 5. ESANKULA NIRANJAN REDDY, S/O RAJAGOPAL REDDY, HINDU, AGED ABOUT, 52 YEARS, R/O. RAJA LITTLE LAMP SCHOOL, DHANALAKSHMI NAGAR, VAIKUNTAPURAM, TIRUPATI, TIRUPATI 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 For the issuance of a Writ of Mandamus or any other appropriate Writ, Order, or Direction. o declare the action of the Respondent Nos. 2 and 3 in failing to act upon the complaint of the Petitioners dated 6-11-2025 and in failing to enforce the existing Judicial Orders (Supreme Court Status quo Order and Civil Court Injunction Order in O.S. No. 24/2018) to stop the unlawful construction and digging of bore well by Respondent Nos. 4 and 5 (and their followers) on the disputed site, as illegal, arbitrary, unconstitutional, and violative of the rule of law, and consequently (a) To direct the Respondent Nos. 2 and 3 to forthwith take immediate and necessary police action to enforce the Judicial Orders (Supreme Court Status Order and Injunction in O.S. No. 24/2018) and ensure that Respondent Nos. 4 and 5 are restrained from carrying out any construction, digging of bore well, or any other illegal activity, including encroachment, on the disputed property, (b) To pass such 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 may be pleased To direct the Respondent Nos. 2 and 3 to forthwith take immediate and necessary police action to enforce the Judicial Orders (Supreme Court Status Order and Injunction in O.S. No. 24/2018) and ensure that Respondent Nos. 4 and 5 are restrained from carrying out any construction, digging of bore well, or any other illegal activity, including encroachment, on the disputed property, pending disposal of the above writ petition and to pass such Counsel for the Petitioner(S): 1. RAVI KIRAN KUMAR KOLUSU Counsel for the Respondent(S): 1. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 32533 of 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…For the issuance of a Writ of Mandamus or any other appropriate Writ, Order, or Direction. o declare the action of the Respondent Nos. 2 and 3 in failing to act upon the complaint of the Petitioners dated 6-11-2025 and in failing to enforce the existing Judicial Orders (Supreme Court Status quo Order and Civil Court Injunction Order in O.S. No. 24/2018) to stop the unlawful construction and digging of bore well by Respondent Nos. 4 and 5 (and their followers) on the disputed site, as illegal, arbitrary, unconstitutional, and violative of the rule of law, and consequently (a) To direct the Respondent Nos. 2 and 3 to forthwith take immediate and necessary police action to enforce the Judicial Orders (Supreme Court Status Order and Injunction in O.S. No. 24/2018) and ensure that Respondent Nos. 4 and 5 are restrained from carrying out any construction, digging of bore well, or any other illegal activity, including encroachment, on the disputed property, (b) To pass such..…” 2. Heard Sri K.Ravi Kiran Kumar, learned Counsel for the Petitioners and Sri V.Farook, learned Assistant Government Pleader for Home for the Official Respondents. 3. Learned Counsel for the Petitioners would submit that the Petitioners have given a representation to the Police seeking police protection to protect their property. There is no response from them. He would further submit that there are two Writ Petitions pending before this Court between the Petitioners and the Unofficial Respondents. A civil suit in O.S.No.24 of 2018 is pending before the Civil Court. They have obtained an interim Order of injunction. 4 Learned Counsel for the Petitioners would further submit that family disputes are also pending between the parties. Learned Counsel for the Petitioners finally submits that in the light of the multiple litigations between the parties, notice may be ordered to the Unofficial Respondents to order police protection. 4. Learned Assistant Government Pleader for Home vehemently opposed the petition and would submit that when the matter is pending before the competent Civil Court, in the light of the multiple litigations pending between the parties, the Police cannot respond to their representation by giving police protection unless there is a specific Order from any Judicial Authority. 5. Considering the submissions made, as rightly put by the learned Assistant Government Pleader for Home, in the light of the multiple litigations pending between the parties, it is not possible for this Court to conduct a mini trial to understand who is in possession of the property. In that view, this Writ Petition is disposed of. However, the Petitioners are at liberty to work out their remedies before the competent Civil Court, where the civil suit is pending. 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: 22.11.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.32533 of 2025 Dated.22.11.2025 UPS 177