APHC010369422023 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: 19081/2023 Between: 1. LAKAMSANI SRI TEJA, W/O.P.K.SANDEEP,D/O. LATE SIVARAMA KRISHNA, AGED 30 YEARS,R/O. CHINNAIGUDEM VILLAGE, DEVARAPALLI MANDAL,EAST GODAVARI DISTRICT.NOW STAYING IN UNITED STATES OF AMERICA,REP.BY HER GENERAL POWER OF ATTORNEY HOLDER/MATERNAL GRANDFATHER MARNI SURYA CHANDRA RAO,S/O.LATE VENKATA RAO, AGED 70 YEARS,OCC.CULTIVATION, R/O.CHINNAIGUDEM VILLAGE,DEVARAPALLI MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT,SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH POLICE HEAD QUARTERS, MANGALAGIRI, GUNTUR DISTRICT. 3. SUPERINTENDENT OF POLICE, ELURU, ELURU DISTRICT.(FORMERLY WEST GODAVARI DISTRICT). 4. DEPUTY SUPERINTENDENT OF POLICE, POLAVARAM, ELURU DISTRICT (FORMERLY WEST GODAVARI DISTRICT). 5. INSPECTOR OF POLICE, POLAVARAM, ELURU DISTRICT(FORMERLY WEST GODAVARI DISTRICT). 6. STATION HOUSE OFFICER, KOYYALAGUDEM POLICE STATION, KOYYALAGUDEM, ELURU DISTRICT. (FORMERLY WEST GODAVARI DISTRICT) 7. PASUPULETI NAGA VEERANJANEYULU, S/O. VENKATA RAO, AGED 40 YEARS, OCC:CULTIVATION, R/O.D.NO.2-22, PONGUTURU, KOYYALAGUDEM MANDAL, ELURU DISTRICT (FORMERLY WEST GODAVARI DISTRICT). 8. PASUPULETI CHINA VEERBHADRUDU, S/O. SEETARAMANNA, AGED 65 YEARS, OCC:CULTIVATION, R/O.D.NO.2-14, PONGUTURU, KOYYALAGUDEM MANDAL, ELURU DISTRICT (FORMERLY WEST GODAVARI DISTRICT). 9. PASUPULETINAGESWARA RAO, S/O. SEETARAMANNA, AGED 60 YEARS, OCC.CULTIVATION, R/O.D.NO.2-6, PONGUTURU, KOYYALAGUDEM MANDAL, ELURU DISTRICT (FORMERLY WEST GODAVARI DISTRICT). 2 10. PRAGADA DEVI RAMAKRISHNA, W/O. LAKSHMANA DORA BABU, AGED 35 YEARS, OCC. HOUSE WIFE, RIO. D.NO.3-10, PONGUTURU, KOYYALAGUDEM MANDAL, ELURU DISTRICT (FORMERLY WEST GODAVARI DISTRICT). 11. PRAGADA LAKSHMANA DORA BABU, S/O.SEETARAMANNA, AGED 40 YEARS, OCC.CULTIVATION, R/O.D.NO.3-15, PONGUTURU, KOYYALAGUDEM MANDAL, ELURU DISTRICT (FORMERLY WEST GODAVARI 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 issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction of respondents 2 to 6 on petitioner representation dated 27.01.2023, submitted for granting police aid, by binding over respondents 7 to 11 and their unruly followers to secure peace and to ensure no disturbance is caused for harvesting crop and cultivation in his agricultural lands of Ac.0.60 Cents in Sy.No.126 of Kannaigudem Village in Koyyalagudem Mandal of Eluru District (Formerly West Godavari District) apart from protecting his family's lives, dignity and our properties, pursuant to Temporary Injunction Order dated 10.09.2022 which is in force till date in I.A. No. 491 of 2022 in O.S.No. 90 of 2022 passed by Learned Court of Junior Civil Judge-Cum-Judicial Magistrate of First Class, Jangareddygudem, as illegal, irregular, irrational and amounts to non-discharge of legal obligation conferred on them and violative of Articles 14 and 21 of Constitution of India and consequently direct the respondents to grant him police aid for cultivation of his said lands 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 to direct the respondents 2 to 6 to consider and initiate necessary action on petitioner representation dated 27.01.2023, submitted to grant police aid to him by binding over respondents 7 to 11 and their unruly followers for his harvesting crop and cultivation in his agricultural land of Ac.0.60 Cents in Sy.No.126 of Kannaigudem Village in Koyyalagudem Mandal of Eluru District (Formerly West Godavari District), pursuant to Temporary Injunction Order dated 10.09.2022 which is in force till date in I.A. No. 491 of 2022 in U.S No. 90 of 2022 passed by Learned Court of Junior Civil Judge-Cum-Judicial Magistrate of First Class, Jangareddygudem, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. NIMMAGADDA VIJAYA SANTHI Counsel for the Respondent(S): 1. GP FOR HOME 2. J VENKATA RAMANA 3 The Court made the following: ORDER: The instant Writ Petition is filed by the Petitioner seeking indulgence of this Court under Article 226 of the Constitution of India for the following relief: “.... to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction of respondents 2 to 6 on petitioner representation dated 27.01.2023, submitted for granting police aid, by binding over respondents 7 to 11 and their unruly followers to secure peace and to ensure no disturbance is caused for harvesting crop and cultivation in his agricultural lands of Ac.0.60 Cents in Sy.No.126 of Kannaigudem Village in Koyyalagudem Mandal of Eluru District (Formerly West Godavari District) apart from protecting his family's lives, dignity and our properties, pursuant to Temporary Injunction Order dated 10.09.2022 which is in force till date in I.A. No. 491 of 2022 in O.S.No. 90 of 2022 passed by Learned Court of Junior Civil Judge-Cum-Judicial Magistrate of First Class, Jangareddygudem, as illegal, irregular, irrational and amounts to non-discharge of legal obligation conferred on them and violative of Articles 14 and 21 of Constitution of India and consequently direct the respondents to grant him police aid for cultivation of his said lands and pass ...” Heard learned counsel for the Petitioner and learned Government Pleader for Home appearing for respondent/State. Perused the material on record. Learned counsel for the Petitioner would submit that the Petitioner /Sri Teja is the absolute owner and possessor of the subject property. Sri M.Surya Chandra Rao is the GPA holder of the Petitioner with regard to the subject property. Further, unofficial respondents 7 to 11 are illegally claiming the subject property and trying to interfere in the peaceful possession of the Petitioner. Petitioner obtained an order of temporary injunction against the defendants in IA No.491 of 2022 in OS No.90 of 2022 which is in force. Learned counsel would submit that despite the injunction order fromt he competent civil court, unofficial respondents are illegally trespassed in the subject land and threatened the 4 petitioner with dire consequences. The owner /Petitioner is the resident of United States of America and her grandfather is in India. Due to old age, he could not restrain the unofficial respondents dispossessing from suit property. Learned Assistant Government Pleader for Home appearing for respondent State would submit that the subject matter is purely civil in nature and that unless there is any judicial order, respondent Police cannot proceed further in the matter. In that view, this Writ Petition is disposed of. Petitioner is at liberty to work out the remedy before the competent Civil Court according to law. It does not preclude the Petitioner to approach the Police as and when required to protect the subject property, if so required. No order as costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No. 19081 of 2023 09.10.2025 Mjl /*