APHC010066322026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE TWENTY SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 3923/2026 Between: 1. GOWROJU SATYANARAYANA,, S/O. CHINNA BRAHMAM, AGED ABOUT 50 YEARS, OCC BLACKSMITH, R/O. D.NO. 4-133, CHINNA RAMALAYAM VEEDI, KIRLAMPUDI MANDALAM, GONEDA, EAST GODAVARI DISTRICT. 533437. 2. GOWROJU VEERABABU,, S/O. PEDDA BRAHMAM, AGED ABOUT 56 YEARS, OCC BLACKSMITH, R/O. D.NO. 3-146, VEERA BRAMAM GARI GUDI VEEDI KIRLAMPUDI MANDALAM, GONEDA, EAST GODAVARI DISTRICT.533437. 3. GOWROJU SATYAVENI,, W/O. VEERABABU, AGED ABOUT 55 YEARS, R/O. D.NO. 3-146, VEERA BRAMAM GARI GUDI VEEDI, KIRLAMPUDI MANDALAM, GONEDA, EAST GODAVARI DISTRICT.533437. 4. GOWROJU TAMMAYYA,, S/O. VEERAJU, AGED ABOUT 71 YEARS, R/O. D.NO. 3-67, VEERA BRAMAM GARI GUDI VEEDI, KIRLAMPUDI MANDALAM, GONEDA, EAST GODAVARI DISTRICT.533437. 5. GOWROJU SATYABRAHMAM,, S/O. VEERARAJU, AGED ABOUT 70 YEARS, OCC BLACKSMITH, R/O. D.NO. 3-65, BRAMAM GARI VEEDI, KIRLAMPUDI MANDALAM, GONEDA, EAST GODAVARI DISTRICT. 6. GOWROJU SRINIVAS,, S/O. SATYABRAHMAM, AGED ABOUT 40 YEARS, OCC BLACKSMITH, R/O. D.NO. 3-65, BRAMAM GARI VEEDI, KIRLAMPUDI MANDALAM, GONEDA, EAST GODAVARI DISTRICT 2 Dr. YLR, J W.P.No.3923 of 2026 Dated 27.02.2026 7. GOWROJU TAMMAYYA,, S/O. SARNBAYYA, AGED ABOUT 49 YEARS, OCC BLACKSMITH R/O. D.NO. 3-66, VEERA BRAMAM GARI GUDI VEEDI,KIRLAMPUDI MANDALAM, GONEDA, EAST GODAVARI DISTRICT.533437. 8. GOWROJU TAMMACHARI,, S/O. CHINNA BRAHMAM, AGED ABOUT 53 YEARS. OCC BLACKSMITH R/O. 4-133, GHINNA RAMALAYAM VEEDI, KIRLAMPUDI MANDALAM, GONEDA, EAST GODAVARI DISTRICT. 533437. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY ( HOME DEPARTMENT) BUILDINGS VELAGAPUDI, AMARAVATHI. 522238 2. THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT, KAKINADA. 533001 3. THE SUPERINTENDENT OF POLICE, EAST GODAVARI DISTRICT, KAKINADA.533003. 4. THE DUPUTY SUPERINTEDENT OF POLICE, EAST GODAVARI DISTRICT, KAKINADA.533003. 5. THE INSPECTOR OF POLICE, KIRLAMPUDI POLICE STATION, EAST GODAVARI DISTRICT. 533431 6. THE SUBINSPECTOR OF POLICE, KIRLAMPUDI POLICE STATION, EAST GODAVARI DISTRICT. 533431 7. ALLU VIJAY KUMAR, S/O THATHAYA, AGED ABOUT 55 YEARS, R/O. GONEDA VILLAGE, KIRLAMPUDI MANDALAM, EAST GODAVARI DISTRICT- 533437. 8. PEPAKAYALA GANGADHAR, S/O. CHAKRAM, AGED ABOUT 39 YEARS, R/O. GONEDA VILLAGE, KIRLAMPUDI MANDALAM, EAST GODAVARI DISTRICT- 533437. 9. METEPALLI LAKSHMI GANESH GANAPATHI, S/O. RAM MURTHY, AGED ABOUT 56 YEARS, R/O. GONEDA VILLAGE, KIRLAMPUDI 3 Dr. YLR, J W.P.No.3923 of 2026 Dated 27.02.2026 MANDALAM, EAST GODAVARI DISTRICT- 533437. 10. PASUPULETI SATYANARAYANA DAVID, S/O. P. SOMHADRI, AGED ABOUT 49 YEARS, R/O. GONEDA VILLAGE, KIRLAMPUDI MANDALAM, EAST GODAVARI DISTRICT- 533437. 11. APPANAPALLI VENKANNA BABU, S/O. APPANAPALLI SUBBARAO, AGED ABOUT 52 YEARS. R/O. GONEDA VILLAGE, KIRLAMPUDI MANDALAM, EAST GODAVARI DISTRICT- 533437. 12. ARATA PEDHAPOLICE, S/O. KONDALARAO, AGED ABOUT 74 YEARS, R/O. GONEDA VILLAGE, KIRLAMPUDI MANDALAM EAST GODAVARI DISTRICT- 533437 ...RESPONDENT(S): Counsel for the Petitioner(S): NAGA RAJU KOLLATI Counsel for the Respondent(S): GP FOR HOME The Court made the following: The Writ Petition has been filed under Article 226 of the Constitution of India seeking the following relief:- “…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 or order one in nature of Writ of Mandamus by declaring the action of the Respondent No. 3 to 6 are not providing police protection to the petitioners despite the 2nd respondent proceedings vide Ref. Land -1/54/2023 dated 06.07.2024 to the 3rd respondent to consider the case of the petitioners representations dated 13.10.2025, 26.08.2025, 08.07.2025, 22.03.2025, 24.01.2025 and 06.12.2024 by colluding with the Respondent No. 9 to 12 the land in Survey No. 100-1 to an extent of Ac 0.20 cents, in situated at Goneda Village, Kirlampudi Mandal, East Godavari District as illegal arbitrary and against the principles of Natural Justice and violation of Article 14, 21, 300 -A of the Constitution of India and consequently direct the respondent No. 3 to 6 to providing the Police Protection to the Petitioner's land in Survey No. 100 -1 to an extent of Ac 0.20 cents situated at Goneda Village, Kirlampudi Mandal, East Godavari District and to pass such….” 4 Dr. YLR, J W.P.No.3923 of 2026 Dated 27.02.2026 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader. 3. Sri K. Naga Raju, learned counsel for the petitioner, submits that several representations dated 13.10.2025, 26.08.2025, 22.03.2025, 24.01.2025 and 06.12.2024 were not considered by the unofficial respondents in collusion with respondent Nos.9 to 12. 4. Sri P. Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that based on the representations/complaints submitted by the petitioners, two cases were registered in Crime No.80 of 2024 and Crime No.64 of 2024 against the unofficial respondents and some others. It is further submitted that Respondent No.6, having considered the representation dated 13.10.2025 and the communication given by the District Collector, Kakinada to the Sub-Inspector of Police, Kakinada, conducted a preliminary enquiry under Section 173(3) of BNSS and noticed that there are civil disputes between the petitioners and the unofficial respondents. 5. When a civil dispute is pending between the petitioners and the unofficial respondents, the petitioners have an alternative efficacious remedy to file a suit for injunction against the unofficial respondents if they attempt to interfere with the peaceful possession and enjoyment of 5 Dr. YLR, J W.P.No.3923 of 2026 Dated 27.02.2026 the property by the petitioners. For the grant of a permanent injunction, in certain cases, mere proof that a party is in possession of the property is sufficient. It is also a well-settled principle of law that even a trespasser can maintain a suit for injunction against anyone except the true and lawful owner. 6. Considering the above submissions of the learned Assistant Government Pleader, the Writ Petition is disposed of, granting liberty to the petitioners to avail appropriate remedies before the competent Civil Court in accordance with law. 7. Accordingly, 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: 27.02.2026 PBS 6 Dr. YLR, J W.P.No.3923 of 2026 Dated 27.02.2026 322 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 3923 of 2026 Date: 27.02.2026 PBS