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2025 DAILYLAW 57207 (AP)

Gollapudi Nageswara Rao v. The State of Andhra Pradesh,

WP/9672/2021 · 2025-10-08

Venkata Jyothirmai Pratapa

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010166042021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 9672/2021 Between: 1. GOLLAPUDI NAGESWARA RAO, S/O RAMAIAH, HINDU, AGED ABOUT 63 YEARS, PROPERTIES, PERMANENT RESIDENT OF CHEVUTURU VILLAGE OF G. KONDURU MANDAL, KRISHNA DISTRICT, PRESENTLY RESIDING AT APIIC COLONY, GURUNANAK ROAD, L.I.G.68, JAWAHAR AUTO NAGAR, VIJAYAWADA CITY, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT, REP. BY ITS PRINCIPAL SECRETARY. 2. THE SUPERINTENDENT OF POLICE, KRISHNA DISTRICT, CHILAKALAPUDI, MACHILIPATNAM, KRISHNA DISTRICT. 3. THE DEPUTY SUPERINTENDENT OF POLICE, NUZVID, KRISHNA DISTRICT. 4. THE CIRCLE INSPECTOR OF POLICE, MYLAVARAM CIRCLE, KRISHNA DISTRICT. 5. THE SUBINSPECTOR OF POLICE, G. KONDURU POLICE STATION, G. KONDURU MANDAL, KRISHNA DISTRICT. 6. GOLLAPUDI VENKATA RATNAM, W/O LATE G. VENKATESWARA RAO, HINDU, AGED ABOUT 62 YEARS, CULTIVATION AND PROPERTIES, R/O D.NO.2-161, CHEVUTURU VILLAGE, G. 2 KONDURU MANDAL, KRISHNA DISTRICT. 7. YEPURI RAJA, S/O VENKATAIAH, HINDU, AGED ABOUT 49 YEARS, PROPERTIES, R/O CHEVUTURU VILLAGE, G. KONDURU MANDAL, KRISHNA DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. CHALASANI AJAY KUMAR Counsel for the Respondent(S): 1. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 9672 of 2021 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue a Writ of MANDAMUS, declaring the action of the Respondents 2 to 5 herein in not providing Police Aid in favour of the Petitioner to implement the Injunction Order granted in I.A.No.696 of 2019 in O.S.No.113 of 2019, dated 31.10.2019, on the file of the Junior Civil Judge cum Magistrate of First Class, Mylavaram, Krishna District, against the illegal and highhanded acts of Respondents 6 and 7 herein in obstructing the use of the joint passage of the Petitioner herein into the above mentioned suit schedule property by, as illegal, arbitrary and in violation of Article 14, 21 and 300-A of the Constitution of India and Consequently direct the Respondents 2 to 5 herein to provide Police Aid in favour of the Petitioner herein to implement the Injunction Order granted in I.A.No.696 of 2019 in O.S.No.113 of 2019, dated 31.10.2019, on the file of the Junior Civil Judge cum Magistrate of First Class, Mylavaram, Krishna District, forthwith.…” 2. Heard Sri Chalasani Ajay Kumar, learned counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents. 3. Learned counsel for the Petitioner would submit that an ad-interim injunction has been granted in favour of Petitioner vide Orders dated 31.10.2019 in I.A.No.696 of 2019 in O.S.No.113 of 2019 on the file of the Junior Civil Judge-cum-Magistrate of First Class, Mylavaram, Krishna District. It is further submitted that inspite of the said Orders, the unofficial respondents 4 have been disturbing his possession and enjoyment over the subject property. 4. Admittedly, a civil suit has been filed by the Petitioner herein in O.S.No.113 of 2019 on the file of the Junior Civil Judge-cum-Magistrate of First Class, Mylavaram, Krishna District. During the subsistence of the said suit, a petition in I.A.No.696 of 2019 was filed seeking temporary injunction, wherein the Petitioner has obtained an order of ad-interim injunction dated 31.10.2019, even before the Respondents entered their appearance in the said suit. 5. In that view, this Writ Petition is disposed of. However, the Petitioner is at liberty to recourse his remedy before the trial 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: 09.10.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No. 9672 of 2021 Dated.09.10.2025 UPS 141