APHC010207862026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 11528/2026 Between: SHAIK SHAJURUN BEE,, W/O LATE MAHAMOODHANEEF, AGED ABOUT 58 YEARS, R/O 49 BANNUR VILLAGE, MIDTHUR MANDAL, NANDYAL DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, . REPO BY ITS PRINCIPAL. SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. PIN 52237 2. THE SUPERINTEND OF POLICE, , NANDYAL NANDYAL DISTRICT, PIN 518501 3. THE CIRCLE INSPECTOR OF POLICE, NANDYAL, NANDYAL DISTRICT. PIN 518501 4. THE STATION HOUSE OFFICER, NANDIKOTKUR, NANDYAL DISTRICT. PIN 518401 5. PAKKIR SAHEB, S/O KASEEM, AGED 67 YEARS R/O 49, BANNUR VILLAGE, MIDTHUR MANDAL, NANADYAL DISTRICT. PIN 518405 ...RESPONDENT(S): Counsel for the Petitioner: B S VENKATA RAMESH Counsel for the Respondent(S): 2 Dr. YLR, J W.P.No.11528 of 2026 Dated 05.05.2026 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 order more particularly one in the nature of Writ Mandamus declaring the action of the the respondents 1 to 4 in ot providing police protection from the hands of the 5th unofficial respondent and not allowing the petitioner to cultivate her land in Survey No 9 an extent of AC 1 22 cents situated at 49 Bannur Village Midhur Mandal Nandyal District on the strength of the permanent injunction granted by the Honble Junior Civil Judge Nandikotkur IN O.S.No 65/2017 dated 23.2.2023 as iilgeal arbitrary and violation of Articles 14 19 and 21 and 300A of the Constitution of India and consequently direct the respondents to provide police protection to the petitioner for cultivating her land in Survey No 9 an extent of AC l.22 cents sitauted at 49 Bannur Village Midthur Mandal Nandyal District on the strength of the permanent injunction in O.S.No.65/2017 on the file the Junior Civil Judge Nandikotkur Nandyal District dated 23.2.2023 and pass…” 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader. 3. Mr. B.S. Venkatramesh, learned counsel for the petitioner, submits that a judgment and decree were passed in favour of the petitioner against respondent No.5, granting permanent injunction restraining respondent No.5 from interfering with the peaceful possession and enjoyment of the suit schedule property by the petitioner. Despite the said judgment and decree, respondent No.5 has allegedly been interfering with the peaceful possession and enjoyment of the property by the petitioner. Therefore, respondent Nos.1 3 Dr. YLR, J W.P.No.11528 of 2026 Dated 05.05.2026 to 4 are required to provide necessary police protection to the petitioner for enjoyment of the property in terms of the said judgment and decree. 4. Sri P. Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that the dispute between the petitioner and respondent No.5 arises out of longstanding partition disputes between family members relating to the subject property. It is submitted that though the petitioner obtained an order of permanent injunction in O.S.No.65 of 2017, the civil dispute subsequently escalated into a criminal incident on 05.08.2025, resulting in registration of Crime No.55/2025 at Midthur Police Station under the provisions of ‘the BNS’. He further submits that during the course of investigation, statements of witnesses were recorded and the wound certificate issued by the Medical Officer disclosed grievous injuries. It is submitted that, after completion of investigation, a charge sheet was filed against the petitioner and her son in C.C.No.442 of 2025 before the learned Judicial First Class Magistrate, Nandikotkur. 5. 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 1 W.P.No.20555 of 2022 4 Dr. YLR, J W.P.No.11528 of 2026 Dated 05.05.2026 judgment of a learned Single Judge of this Court in Rai Naramma v. State of Andhra Pradesh2. 6. 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. 7. Having regard to the entire facts and circumstances of the case, and recording the submissions of the learned Assistant Government Pleader, this Writ Petition is disposed of directing the respondent police to provide necessary police protection to the petitioner for implementation of the judgment and decree dated 23.02.2025 passed in O.S.No.65 of 2017 on the file of the learned Junior Civil Judge, Nandikotkur, and to take necessary steps in accordance with law. However, it is made clear that, in the event any order, judgment, or decree contrary to the judgment and decree passed in O.S.No.65 of 2017 is passed by any superior Court, the respondent police and the Investigating Officer shall act in accordance with such subsequent order, judgment, or decree. 2 2021 (1) ALT 426 3 (2006) 4 SCC 201 5 Dr. YLR, J W.P.No.11528 of 2026 Dated 05.05.2026 8. With the above observations and directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ________________________ Dr.Y. LAKSHMANA RAO, J Date: 05.05.2026 RSI 6 Dr. YLR, J W.P.No.11528 of 2026 Dated 05.05.2026 285 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 11528 of 2026 Date: 05.05.2026 RSI