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2025 DAILYLAW 58283 (AP)

BADDIKA ARUNAMMA v. The State of Andhra Pradesh

WP/25544/2021 · 2025-10-26

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010416362021 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY,THE TWENTY SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 25544 OF 2021 Between: 1. BADDIKA ARUNAMMA, W/o. Venu, Aged about 40 years, Occ. Agricultural Coolie, R/o. Chennuru Village, Daggadarthi Mandal, SPSR Nellore District, A.P. 2. Baddika Audhemma, W/o. Late Chanti, Aged about 42 years, Occ. Agricultural Coolie, R/o. Chennuru Village, Daggadarthi Mandal, SPSR Nellore District, A.P. 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravathi, Guntur District, A.P. 2. The Superintendent of Police, SPSR Nellore District at Nellore, A.P. 3. The SubInspector of Police, Dagadarthi Police Station, SPSR Nellore District, A.P. 4. Chellamcherla Penchalaiah, S/o. Penchalaiah, R/o. Chennuru Dagadarthi Mandal, SPSR Nellore District, A 5. Panditi Pitchaiah, S/o. Chinnaiah, R/o. Chennuru Village, Dagardarthi Mandal, SPSR Nellore District, A.P. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA PETITION NO: 25544 OF 2021 1. BADDIKA ARUNAMMA, W/o. Venu, Aged about 40 years, Occ. Agricultural Coolie, R/o. Chennuru Village, Daggadarthi Mandal, SPSR 2. Baddika Audhemma, W/o. Late Chanti, Aged about 42 years, Occ. icultural Coolie, R/o. Chennuru Village, Daggadarthi Mandal, SPSR ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravathi, Guntur District, A.P. Superintendent of Police, SPSR Nellore District at Nellore, A.P. 3. The SubInspector of Police, Dagadarthi Police Station, SPSR Nellore 4. Chellamcherla Penchalaiah, S/o. Penchalaiah, R/o. Chennuru Dagadarthi Mandal, SPSR Nellore District, A.P. 5. Panditi Pitchaiah, S/o. Chinnaiah, R/o. Chennuru Village, Dagardarthi Mandal, SPSR Nellore District, A.P. IN THE HIGH COURT OF ANDHRA PRADESH MONDAY,THE TWENTY SEVENTH DAY OF OCTOBER THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. BADDIKA ARUNAMMA, W/o. Venu, Aged about 40 years, Occ. Agricultural Coolie, R/o. Chennuru Village, Daggadarthi Mandal, SPSR 2. Baddika Audhemma, W/o. Late Chanti, Aged about 42 years, Occ. icultural Coolie, R/o. Chennuru Village, Daggadarthi Mandal, SPSR ...Petitioners 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravathi, Guntur District, A.P. Superintendent of Police, SPSR Nellore District at Nellore, A.P. 3. The SubInspector of Police, Dagadarthi Police Station, SPSR Nellore 4. Chellamcherla Penchalaiah, S/o. Penchalaiah, R/o. Chennuru Dagadarthi 5. Panditi Pitchaiah, S/o. Chinnaiah, R/o. Chennuru Village, Dagardarthi 6. Mynampati Thirupalu, S/o. Chennaiah, Aged about 52 years, Occ. Labour, R/o. Aurdhathiyavadu, Chennuru, Dagardarthi Mandal, SPSR Nellore District, A.P. ...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 to may be pleased to issue a Writ, Order or Orders or directions more particularly one in nature of Writ of Mandamus, declaring the action of the 2nd and 3rd respondents in not taking appropriate action in providing Police protection to the petitioners from the unofficial respondents who are threatening and interfering with dire consequences in the event the petitioners enter in to their assigned lands admeasuring to an extent of Ac.1.74 cents with Patta No.167/1423 dt. 12.01.2013 and Ac.1.98 cents vide Patta No. 165/1323 dt.12.01.2013 respectively at Survey Numbers 690/4 and 609/5 situated at Chennuru Village, Dagadarthi Mandal, SPSR Nellore District as illegal, arbitrary, unconstitutional, contrary to Articles 14, 21 and 300-A of Constitution of India and consequently direct the 2nd and 3rd respondents to provide Police protection enabling the petitioners to cultivate their assigned lands admeasuring to an extent of Ac.1.74 cents with Patta No.167/1423 dt. 12.01.2013 and Ac.1.98 cents vide Patta No. 165/1323 dt.12.01.2013 respectively at Survey Numbers 690/4 and 609/5 situated at Chennuru Village, Dagadarthi Mandal, SPSR Nellore District and pass such 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 may be pleased to direct the 3rd respondent to forthwith provide Police protection to the petitioners enabling them to cultivate their assigned lands admeasuring to an extent of Ac.1.74 cents with Patta No.167/1423 dt. 12.01.2013 and Ac.1.98 cents vide Patta No. 165/1323 dt.12.01.2013 respectively at Survey Numbers 690/4 and 609/5 situated at Chennuru Village, Dagadarthi Mandal, SPSR Nellore District by disposing of the representation dt. 11.08.2021 pending disposal of the above Writ Petition in the interest of justice and pass such Counsel for the Petitioners: ELEVATED AS JUDGE Counsel for the Respondents: GP FOR HOME The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 25544 OF 2021 ORDER: This writ petition is filed under Article 226 of Constitution of India with the following prayer for: “….may be pleased to issue a Writ, Order or Orders or directions more particularly one in nature of Writ of Mandamus, declaring the action of the 2nd and 3rd respondents in not taking appropriate action in providing Police protection to the petitioners from the unofficial respondents who are threatening and interfering with dire consequences in the event the petitioners enter in to their assigned lands admeasuring to an extent of Ac.1.74 cents with Patta No.167/1423 dt. 12.01.2013 and Ac.1.98 cents vide Patta No. 165/1323 dt.12.01.2013 respectively at Survey Numbers 690/4 and 609/5 situated at Chennuru Village, Dagadarthi Mandal, SPSR Nellore District as illegal, arbitrary, unconstitutional, contrary to Articles 14, 21 and 300-A of Constitution of India and consequently direct the 2nd and 3rd respondents to provide Police protection enabling the petitioners to cultivate their assigned lands admeasuring to an extent of Ac.1.74 cents with Patta No.167/1423 dt. 12.01.2013 and Ac.1.98 cents vide Patta No. 165/1323 dt.12.01.2013 respectively at Survey Numbers 690/4 and 609/5 situated at Chennuru Village, Dagadarthi Mandal, SPSR Nellore District and pass such…” 2. Sri Chukka Kranthi Kiran, learned counsel would submit that there is a need to file their vakalath in this matter. 3. At this juncture, Sri V.Farooq, learned Assistant Government Pleader for Home, on instructions, would submit basing on the complaint of one Mynampati Thirupalu, a crime has been registered against the petitioners vide Crime No.147 of 2021, for the offence punishable under section 447, 324 r/w 34 IPC and Section 3(1) (r)(s) of SCs & STs (POA) Act-2015 on the file of Dagadarthi Police Station, SPSR Nellore District. He would further submit that the police have obtained reply from the Tahsildar, Dagadarthi Mandal and on verification of adangal record, one requisition was recorded on the notional number of the petitioner. On perusal of the reply of the Tahsildar, there is ambiguity regarding the ownership of the disputed land. 4. Recording the same, the writ petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Dated 27.10.2025 KKV THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 334 WRIT PETITION NO: 25544 OF 2021 Dated 27.10.2025 KKV