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2025 DAILYLAW 55732 (AP)

ANKAMREDDI NOOKARAJU @ JAMEELU v. THE STATE OF ANDHRA PRADESH

WP/33483/2025 · 2025-12-04

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010643912025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY,THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: Between: 1. ANKAMREDDI NOOKARAJU @ JAMEELU, S/o late China Nookaraju, Aged about 57 years, Occ Cultvation, R/o Nathavaram Village and Mandal, Visakhapatnam District. 1. THE STATE OF ANDHRA PRADESH, fgThe State of Andhra Pradesh,Represented by its Principal Secretary, Home Department, Secretariat Building, Velagapudi, Amaravathi, Guntur District. 2 2. The Superintendent of Police, Anakapalli District, At Anakapalli. S 3. The SubInspector Of Police, . Nathavaram Police Anakapalli District. 4. 4. Nuvva Bheemaraju, S/o Demudu, Aged about 51 years, R/o China Jaggampeta Village, Nathavaram Mandal, Anakapalli District. 5. Nandelli Yesuratnam, W/o Venkanna, aged about 34 years, R/o China Jaggampeta Village, Nathavaram Mandal, Anakapalli District. 6. 6. Regati Nukalamma, W/o Marianna, Aged about 40 years, R/o China Jaggampeta Village, Nathavaram Mandal, Anakapalli District. 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 33483 OF 2025 1. ANKAMREDDI NOOKARAJU @ JAMEELU, S/o late China Nookaraju, Aged about 57 years, Occ Cultvation, R/o Nathavaram Village and Mandal, ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, fgThe State of Andhra radesh,Represented by its Principal Secretary, Home Department, Secretariat Building, Velagapudi, Amaravathi, Guntur District. 2 2. The Superintendent of Police, Anakapalli District, At Anakapalli. S 3. The SubInspector Of Police, . Nathavaram Police Station, Nathavaram, 4. Nuvva Bheemaraju, S/o Demudu, Aged about 51 years, R/o China Jaggampeta Village, Nathavaram Mandal, Anakapalli District. 5. Nandelli Yesuratnam, W/o Venkanna, aged about 34 years, R/o China Village, Nathavaram Mandal, Anakapalli District. 6. 6. Regati Nukalamma, W/o Marianna, Aged about 40 years, R/o China Jaggampeta Village, Nathavaram Mandal, Anakapalli District. IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. ANKAMREDDI NOOKARAJU @ JAMEELU, S/o late China Nookaraju, Aged about 57 years, Occ Cultvation, R/o Nathavaram Village and Mandal, ...Petitioner 1. THE STATE OF ANDHRA PRADESH, fgThe State of Andhra radesh,Represented by its Principal Secretary, Home Department, 2. The Superintendent of Police, Anakapalli District, At Anakapalli. S Station, Nathavaram, 4. Nuvva Bheemaraju, S/o Demudu, Aged about 51 years, R/o China 5. Nandelli Yesuratnam, W/o Venkanna, aged about 34 years, R/o China 6. Regati Nukalamma, W/o Marianna, Aged about 40 years, R/o China 2 7. Regati Pydiraju, S/o Marinayya, Aged about 33 years, R/o China Jaggampeta Village, Nathavaram Mandal, Anakapalli 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 topleased to issue a writ, order or direction more particularly one in the nature of Mandamus declaring the action of the 2ND and respondents in not providing police aid for implementation of the judgment and decree dt 28.07.2025 in O.S.No. 26 of 2013 in the court of Senior Civil Judge, Narsipatnam in respect of petitioners suit schedule lands in an extent of Ac 17.00 cents situated in Sy No. 15/1, 15/2, 31/1, 31/2, 31/3, 31/4, 31/5, 31/8, 32/2, 32/6, 18/2 situated in China Jaggampeta, Nathavaram Mandal, Anakapalli District as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India 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 grant interim orders directing the respondents 2 and 3 to grant police aid to lands in an extent of Ac 17.00 cents situated in Sy No. 15/1, 15/2, 31/1, 31/2, 31/3, 31/4, 31/5, 31/8, 32/2, 32/6, 18/2 of China Jaggampeta, Nathavaram Mandal, Anakapalli District for effective implementation of the judgment and decree dt 28.07.2025 in O.S.No. 26 of 2013 in the court of Senior Civil Judge, Narsipatnam, pending disposal of the above writ petition and pass Counsel for the Petitioner: T V SRI DEVI Counsel for the Respondents: GP FOR HOME The Court made the following order: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 33483 OF 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “….order or direction more particularly one in the nature of Mandamus declaring the action of the 2ND and respondents in not providing police aid for implementation of the judgment and decree dt 28.07.2025 in O.S.No. 26 of 2013 in the court of Senior Civil Judge, Narsipatnam in respect of petitioners suit schedule lands in an extent of Ac 17.00 cents situated in Sy No. 15/1, 15/2, 31/1, 31/2, 31/3, 31/4, 31/5, 31/8, 32/2, 32/6, 18/2 situated in China Jaggampeta, Nathavaram Mandal, Anakapalli District as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and pass…” 2. Heard Ms. T.V.Sri Devi, learned counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents 3. When the matter was taken up for hearing, Sri V. Farooq, learned Assistant Government Pleader for Home, on written instructions, would submitt that since the issue arises out of a civil dispute, the police cannot give protection unless there is an appropriate order from the competent Court. 4. Learned counsel for the petitioner would submit that the petitioner had filed O.S. No. 26 of 2013 before the Court of the Senior Civil Judge, Narsipatnam, seeking a decree of permanent injunction against the unofficial 4 respondents, and the said suit was decreed on 28.07.2025. It is further submitted that no appeal has been preferred till date against the said judgment and decree. 5. In view of the above, the Writ Petition is disposed of directing the respondent–police to attend to the cause of the petitioner and extend necessary police protection so long as the decree in O.S. No. 26 of 2013 remains in force and is in favour of the petitioner. 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: 05.12.2025 KKV 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.33483 of 2025 Dated. 05.12.2025 KKV 51 6 HIGH COURT OF ANDHRA PRADESH:: AMARAVATI MAIN CASE NO.: W.P.No.33483 of 2025 PROCEEDING SHEET Sl. No. Date ORDER OFFICE NOTE 05.12.2025 Dr.VJP,J The Writ Petition is disposed of. (vide separate order) ________ Dr.VJP,J KKV