Extracted from the PDF above. The PDF is authoritative.
APHC010035432021
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 2444/2021 Between:
1. D. KRISHNA MURTY,, S/O. NALLAPPA, AGED ABOUT 40 YEARS, OCC BUSINESS, R/O. NO. 18-1-591, VENUGOPAL NAGAR EXTENSION, ANANTAPUR TOWN, ANANTAPUR DISTRICT.
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.
2. THE SUPERINTENDENT OF POLICE, ANANTAPUR, ANANTAPUR DISTRICT.
3. THE STATION HOUSE OFFICER, ANANTAPUR RURAL POLICE STATION, ANANTAPUR DISTRICT.
4. K PEDDANNA, S/O. NARAYANA, AGED ABOUT NOT KNOWN, OCC AGRICULTURIST, GOWRAYYAKOTTALA, BUKKARAYASAMUDRAM, VILLAGE AND MANDAL, ANANTAPUR 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 topleased to issue a Writ, Order or Direction more particularly in the nature of Writ of Mandamus, declaring the action of the Respondents no.2and3 in not providing police aid/protection to the property of the petitioner to enforce the orders passed by the Hon'ble High Court of Andhra Pradesh at
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Amaravathiin W.P.No.45152/2017 dated 29-12-2017 pertaining to the land to an extent of Ac.1.50cts situated in Sy.No.136/11 and 137 of Kurugunta village, AnantapurarnMandal, Anantapur District as arbitrary, illegal and violation of Articles 14, 21 and 300-A of the Constitution of India and pass IA NO: 1 OF 2021 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 respondent No.2&3 to provide police aid/protection toenabling the petitioner to have peaceful enjoyment and possession of the land to an extent of Ac.1.50cts situated in Sy.No.136/1 and 137 of Kurugunta village, AnantapuramMandal, Anantapur Districtin pursuance of the ordersof the Hon'ble High Court of Andhra Pradesh at Amaravathiin W.P.No.45152/2017 dated 29-12-2017, pending disposal of the Writ petition and pass Counsel for the Petitioner:
1. P S P SURESH KUMAR Counsel for the Respondent(S):
1. GP FOR HOME
2. KATA SAMBASIVA RAO The Court made the following:
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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 2444/2021
ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
“…to issue a Writ, Order or Direction more particularly in the nature of Writ of Mandamus, declaring the action of the Respondents no.2 and 3 in not providing police aid/protection to the property of the petitioner to enforce the orders passed by the Hon’ble High Court of Andhra Pradesh at Amaravathi in W.P.No.45152/2017 dated 29.12.2017 pertaining to the land to an extent of Ac.1.50 cts situated in Sy.No.136/11 and 137 of Kurugunta village, Anantapurarn Mandal, Anantapur District as arbitrary, illegal and violation of Articles 14, 21 and 300-A of the Constitution of India and pass such other
order or orders…”
2. Heard Sri P.S.P.Suresh Kumar, learned counsel for the petitioner, Sri V.Farooq, learned Assistant Government Pleader for Home and Sri K.Samba Siva Rao, learned counsel for respondent No.4.
3.
Learned counsel for the petitioner would submit that in the light of the orders passed in I.A.No.1 of 2017 in W.P.No.45152 of 2017, pending further orders, there is a direction against the Revenue Authorities not to interfere with the possession and enjoyment of the petitioner over the subject land in the said writ petition, since the petitioner purchased the same under a registered sale deed and the Revenue records establish his possession of the land. Learned counsel would further submit that despite their representation to the Police, the Police are not taking necessary steps to give protection in the light of the order passed by the High Court.
4.
Learned counsel for respondent No.4 would submit that the writ petition is still pending and thereafter two writ petitions have been filed by the
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petitioner. Respondent No.4 herein filed vacate petition along with counter. The matters are pending for consideration before a Coordinate Bench of this Court. Learned counsel further would submit that the petitioner is not in possession and enjoyment of the subject property.
5. Learned Assistant Government Pleader for Home would submit that since the subject matter is Civil in Nature, unless there is a direction from the Court, they cannot interfere and give any such protection.
6. Considering the submissions, since there is a dispute regarding the possession over the land and by this time vacate petitions are filed and pending for consideration before a Coordinate Bench of this Court, it is apposite to dispose of the present Writ Petition.
7. Accordingly, the Writ Petition is disposed of. However, the parties are at liberty to work out their remedy before appropriate forum according to law. No costs.
As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________
Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Date: 15.10.2025 JLV
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HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
W.P.No.2444 of 2021
Dated: 15.10.2025
JLV