APHC010196892026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE TWENTY SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 11055/2026 Between: 1. ARVETI LOKNATH, S/O. ARVETI LAKSHMIKANTHAM, AGED ABOUT 37 YEARS, OCC BUSINESS, R/O. D.NO. 20/139, BANGARUKADIYALAVARI STREET, DHARMAVARAM TOWN AND MANDAL, SRI SATYA SAI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATHI-522238. 2. THE SUPERINTENDENT OF POLICE, AT PUTTTAPARTHY, SRI SATYA SAI DISTRICT-515134. 3. THE STATION HOUSE OFFICER, DHARMAVARAM II TOWN POLICE STATION, DHARAMAVARM SRI SATYA SAI DISTRICT-515671. ...RESPONDENT(S): Counsel for the Petitioner: 1. BANDI SRIHARI Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: ORDER: 2 Dr.YLR, J W.P.No.11055 of 2026 Dated 27.04.2026 The Writ Petition has been filed under Article 226 of the Constitution of India seeking the following relief:- “…to issue an appropriate order or direction, more particularly in the nature of a Writ of Mandamus, declaring the action of Respondent Nos.2 and 3 in not considering petitioner representation dated 12-03-2026 for providing police aid in respect to the judgment and decree dated 07-03- 2024 in O.S. No.33 of 2018, in respect of the road margin property situated on the northern side of Petitioner land in Sy.No.545 of Dharmavaram Municipality limits, Sri Satya Sai District, as illegal, arbitrary, without jurisdiction, and violative of Articles 14, 19(1 )(g), and 300-A of the Constitution of India, and consequently direct the Respondents to provide necessary police aid in respect of the road margin property situated on the northern side of Petitioner land in Sy.No.545 of Dharmavaram Municipality limits, Sri Satya Sai District and pass such order(s).” 2. Heard the learned Counsel for the Petitioner and the learned Assistant Government Pleader for Home. 3. Sri Bandi Srihari, learned Counsel for the Petitioner, submits that the Petitioner obtained a favourable judgment and decree in O.S. No.33 of 2018 on the file of the learned Civil Judge (Senior Division), Dharmavaram, dated 07.03.2024, wherein the defendants, namely P. Anjineyulu and G. Gopal, were directed not to interfere with the peaceful possession and enjoyment of the Petitioner's property. 4. Sri P. Ajay Babu, learned Assistant Government Pleader for Home, on written instructions, submits that, since the dispute is civil in nature, Respondent No.3 could not grant police aid to the Petitioner. It is further submitted that the Petitioner now claims that two persons, namely P. Shankar and P. Ravindra, who are the sons of P. Anjineyulu (one of the defendants in O.S. No.38 of 2018), are blocking the access road to his property. 3 Dr.YLR, J W.P.No.11055 of 2026 Dated 27.04.2026 5. In fact, the Petitioner obtained a judgment and decree in O.S. No.38 of 2018, dated 07.03.2024, whereunder the defendants, namely P. Anjineyuluand P. Gopal, were directed not to interfere with the peaceful possession and enjoyment of the plaint schedule property of the Petitioner. The Petitioner, however, has not impleaded any of the said defendants or their surviving legal heirs as Respondents in the present writ petition. Nevertheless, the learned Assistant Government Pleader, on written instructions, submits that the legal heirs of defendant No.1 in O.S. No.38 of 2018 are blocking the access road to the property. Since a decree of permanent injunction has been granted against the defendants therein, the same would also bind their legal heirs. 6. This Court, in W.P. No.4980 of 2026, directed the police therein to dispose of the representation in accordance with law. A learned Single Judge of this Court, in Vanaparthi Subramanyam v. State of Andhra Pradesh1 at paragraph No.11, observed that where a decree of permanent injunction has been granted by a competent Civil Court, the plaintiff therein is entitled to seek police aid either from the Civil Court which passed the decree or from this Court by invoking its jurisdiction under Article 226 of the Constitution of India. This view was taken by placing reliance on the judgment of a learned Single Judge of this Court in Rai Naramma v. State of Andhra Pradesh2. 1 W.P.No.20555 of 2022 2 2021 (1) ALT 426 4 Dr.YLR, J W.P.No.11055 of 2026 Dated 27.04.2026 7. In this connection, it is also appropriate to refer to the judgment of the Hon'ble Apex Court in P.R. Murlidharan v. Swami Dharmananda Theertha Padar 3, wherein it was held that the jurisdiction under Article 226 of the Constitution of India cannot be invoked to adjudicate complex and disputed questions of fact. It was further held that a writ of police protection is permissible only to effectuate rights already crystallized by a decree or by a clear and unambiguous interlocutory order of a competent Civil Court. 8. The record does not disclose that any appeal has been preferred against the judgment in O.S. No.38 of 2018. Since the Petitioner has obtained a favourable judgment and decree against the defendants, and their legal representatives are interfering with the Petitioner's peaceful possession and enjoyment of the property, the respondent police are bound to extend necessary police protection to the Petitioner. 9. Having regard to the facts and circumstances of the case, the Writ Petition is disposed of, directing Respondent No.3 to provide necessary police aid in furtherance of the judgment and decree dated 07.03.2024 passed in O.S. No.33 of 2018 by the learned Civil Judge (Senior Division), Dharmavaram. However, if Respondent No.3 notices any order passed by the leamed Appellate Court varying or setting aside the said judgment and decree in O.S. No.33 of 2018, the Investigating Officer shall be at liberty to proceed in accordance with law. There shall be no order as to costs. 3 (2006) 4 SCC 201 5 Dr.YLR, J W.P.No.11055 of 2026 Dated 27.04.2026 As a sequel, miscellaneous petitions, if any pending shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 27.04.2026 KMS 6 Dr.YLR, J W.P.No.11055 of 2026 Dated 27.04.2026 132 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO Writ PETITION No.11055 of 2026 Date: 27.04.2026 KMS