APHC010025762026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY,THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 1717/2026 Between: 1. ERIKIPATI JYOTHI, W/O RATNA PRASAD, AGED 45 YEARS, R/O D.NO L-87, THUMMALAPALLE, NANDIVADA(M), KRISHNA DISTRICT-521321. 2. ERIKIPATI RATNABAYAMMA,, W/O KUTUMBARAO, AGED75, R/O D.NO L-87, THUMMALAPALLE, NANDIVADA(M), KRISHNA DISTRICT- 521321. 3. ERIKIPATI DAVID RAJU, S/O KUTUMBARAO, AGED 69 YEARS, R/O D.NO L-87, THUMMALAPALLE, NANDIVADA(M), KRISHNA DISTRICT- 521321. 4. ERIKIPATI VIJAY KUMAR,, S/O KUTUMBARAO, AGED 50 YEARS, R/O D.NO L-87, THUMMALAPALLE, NANDIVADA(M), KRISHNA DISTRICT- 521321. 5. ERIKIPATI RAVI KUMAR,, S/O KUTUMBARAO, AGED 54 YEARS, R/O D.NO L-87, THUMMALAPALLE, NANDIVADA(M), KRISHNA DISTRICT- 521321. 6. BETHE SUBBARAO,, S/O. RAMAKRISHNA, AGED 38 YEARS, R/O D.NO 2-85, THUMMALAPALLE, NANDIVADA(M), KRISHNA DISTRICT- 521321. 7. GANTA JOHN BABU,, S/O ABRAHAM, AGED 53 YEARS, R/O D.NO L-74, THUMMALAPALLE, NANDIVADA(M), KRISHNA DISTRICT- 521321. 8. KALIDINDI JANAKI VARMA,, W/O SIVA SHANKAR VARMA, AGED 51 2 Dr. YLR, J W.P.No.1717 of 2026 Dated 21.01.2026 YEARS, R/O D.NO 2-146, CHEKUVARI STREET, LANKALAKODERU, WEST GODAVARI-534250. 9. VARA RAJESH,, S/O ANDRIAIAH, AGED 44 YEARS, R/O D.NO 2-27, THUMMALAPALLE, NANDIVADA(M), KRISHNA DISTRICT- 521321. ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPLE SECRETARY, HOME DEPARTMENT, A.P. SECRETARIAT, AMARAVATI, GUNTUR DISTRICT - 522238. 2. THE STATION HOUSE OFFICER, NANDIVADA MANDAL, GUDIVADA DIVISION, KRISHNA DISTRICT - 521321. 3. THE SUB INSPECTOR OF POLICE, NANDIVADA MANDAL, GUDIVADA DIVISION, KRISHNA DISTRICT - 521321. ...RESPONDENT(S): Counsel for the Petitioner(S): DURGA MAHINDRA PONNAM Counsel for the Respondent(S): GP FOR HOME The Court made the following: ORDER: The Writ Petition has been filed under Article 226 of the Constitution of India seeking the following relief:- “…to issue a Writ or an order or direction more particularly one in the nature of Writ of Mandamus declaring the in action of respondent authorities in not providing police aid to the petitioners to carry on the conversion of lands into fish ponds in their lands Erikipati Jyothi an extent of Ac 0 25 Sy No 2611 A Erikipati Ratnabayamma Ac 1 10 Sy No 2602B 3 Dr. YLR, J W.P.No.1717 of 2026 Dated 21.01.2026 Erikipati David Raju Ac 0 50 Sy No 2602A and Ac0 50 Sy no261lAl Erikipati Vijay Kumar Ac 2 76 Sy No 2583 Erikipati Ravi Kumar Ac 0 25 Sy No 2583 and Ac 2 50 Sy No 2601 Bethe Subbarao Ac 0 50 Sy No 261lA Ganta John Babu Ac 0 50 Sy No 2602 Kalidindi Janaki Varma Ac 0 30 Sy No 2602 and Ac 0 70 Sy No 261lA Vara Rajesh Ac 0 75 Sy No 261lA totaling to Ac 10 61 cents situated in Thummalapalle Village Nandivada Mandal Krishna District for the purpose of digging fish pond from the hands of intruders in spite representations dated before the respondent authorities is highly arbitrary illegal null and void and violation of principles of natural justice and affected rights guaranteed under Articles 14 15 19lg 21 and 300A of the Constitution of India and to consequently direct the 2nd and 3rd Respondents to provide police protection to the petitioners and for their lands to and extent of Ac 10 61 centssituated in Thummalapalle Village Nandivada Mandal Krishna District from the intruders obstructing the petitioners from digging fish pond and to pass….” 2. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader. 3. The grievance of the petitioners, who are nine in number, is that they intended to convert their lands into fish ponds. However, some intruders have been obstructing them from carrying out the above activity. In spite of several representations given to the respondents, they have not taken any action. 4. Indeed, if the immovable property of private individuals is interfered with, or if the peaceful possession and enjoyment of the immovable property of private individuals is infringed, the petitioners, being private individuals, if their right to use and enjoyment of the property is being infringed by any person, are entitled to file an appropriate suit seeking 4 Dr. YLR, J W.P.No.1717 of 2026 Dated 21.01.2026 permanent injunction, while maintaining an interlocutory application seeking grant of ad-interim ex-parte injunction. It appears that the petitioners have not invoked a civil remedy. The police have no role to play in civil disputes with respect to the immovable property of the petitioners. 5. Considering the facts and circumstances of the case, the Writ Petition is disposed of, granting liberty to the petitioners to approach the Competent Civil Court for appropriate remedy against the alleged intruders. 6. In the result, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 21.01.2026 RSI 5 Dr. YLR, J W.P.No.1717 of 2026 Dated 21.01.2026 47 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 1717 of 2026 Date: 21.01.2026 RSI