Research › Search › Judgment

High Court of Andhra Pradesh · body

2026 DAILYLAW 2133 (AP)

S URUKUNDA REDDY v. THE STATE OF ANDHRA PRADESH

WA/193/2026 · 2026-05-04

Lisa Gill, Ninala Jayasurya

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010056972026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT APPEAL No.193 of 2026 Bench Sr.No:-25 [3579] S. Urukunda Reddy and another ...Appellants Vs. The State of Andhra Pradesh and others ...Respondents ********** Advocate for appellants : Sri Kasa Jaganmohan Reddy Advocate for respondents : Learned Government Pleader for Home (R-1 to R-3), Sri Guttapalem Vijaya Kumar (R-4). CORAM : THE CHIEF JUSTICE LISA GILL SRI JUSTICE NINALA JAYASURYA DATE : 5th May 2026 LISA GILL, CJ. Present appeal is for setting aside order dated 16.10.2025 passed by learned Single Bench whereby Writ Petition No.28651 of 2025 filed by respondent No.4/writ petitioner has been disposed of with a direction to police authorities to look into representation dated 15.07.2025 submitted by writ petitioner. 2. It is stated in representation dated 15.07.2025 that a suit for permanent injunction was decreed in favour of writ petitioner on 16.11.2007 (O.S.No.236 of 2000 on the file of learned Principal Junior Civil Judge, Adoni) and that from date of passing of said judgment and decree, writ petitioner along with other plaintiffs are in peaceful possession of land which they are cultivating. It is 2 HCJ & NJS, J W.A.No.193 of 2026 further stated that private respondents i.e., present appellants tried to grab the land and dispossess the petitioner without even filing an appeal for challenging judgment and decree dated 16.11.2007. Criminal antecedents of said respondents are also referred to. In the writ petition, prayer addressed by writ petitioner is for a direction to respondents to declare inaction of respondents in not providing police aid to petitioner in respect to land, as described therein, for effective implementation of orders passed in O.S.No.236 of 2000 dated 16.11.2007 to be illegal and violative. The writ petition was disposed of by learned Single Bench directing police officials to look into representation of petitioner and act in accordance with law so long as the judgment is in favour of petitioner. Challenging the same, the present appeal has been filed by private respondents. 3. Learned counsel for appellants submits that impugned order has been passed without issuance of any notice to appellants on the basis of incorrect and incomplete facts presented before the Court by writ petitioner. It is submitted that judgment and decree dated 16.11.2007 was undoubtedly passed. However, possession of land in question is very much with the present appellants. Moreover, E.P.No.75 of 2017 was dismissed on 20.08.2019 and said order has since attained finality. O.S.No.236 of 2000 has been thereafter instituted by writ petitioner along with other plaintiffs. O.S.No.97 of 2020 has also been filed by writ petitioner along with one other which too is pending adjudication in respect to same property. All these facts were never brought to notice of learned Single Bench leading to passing of the 3 HCJ & NJS, J W.A.No.193 of 2026 impugned order under the garb of which writ petitioner seeks to wrest possession of property in question from appellants in an illegal manner. It is, thus, prayed that this appeal be allowed. 4. Counter has been filed on behalf of respondent No.4. 5. Learned counsel for respondent No.4/writ petitioner fairly states that E.P.No.75 of 2017 was indeed dismissed and O.S.No.97 of 2020 is pending adjudication. It is further not denied that possession of property in question is indeed with appellants. Learned counsel for respondent No.4, however, submits that appellants have criminal antecedents and writ petitioner fears for her life and liberty at their hands. Dismissal of appeal is sought. 6. We have heard learned counsel for parties. It is a matter of record that after passing of judgment and decree dated 16.11.2007 in O.S.No.236 of 2000, E.P.No.75 of 2017 was dismissed. O.S.No.97 of 2020 is pending adjudication. Possession of property is also admittedly with present appellants. All these facts were not clearly brought to notice of learned Single Bench at the time of passing of order dated 16.10.2025. In the given factual matrix, impugned order dated 16.10.2025 is not sustainable. Writ Petitioner is at liberty to avail the remedies as may be/if any available to her in accordance with law for seeking possession of property in question. 7. In respect to averment that there is threat to life and liberty of respondent No.4/writ petitioner, we take note of the fact that no specific 4 HCJ & NJS, J W.A.No.193 of 2026 incident as such has been mentioned in the writ petition or even before us at the time of arguments which leads to such apprehension. 8. At this stage, we take note of the fact that even in counter affidavit dated 04.05.2026 filed in present proceedings, it is mentioned that writ petitioner is in peaceful possession of the property. We were inclined to take action, however, we desist from doing so at fervent request of learned counsel for respondent No.4, who submits that writ petitioner is 77 years old. 9. Needless to say, writ petitioner, in case at a later stage, faces any kind of threat to her life and liberty at any particular incident, giving rise to cause of action, she is well within her rights to avail remedies available to her in accordance with law. 10. Keeping in view facts and circumstances as above, impugned order dated 16.10.2025 is set aside; W.P.No.28651 of 2025 is dismissed. 11. Accordingly, Writ Appeal is allowed. No order as to costs. Miscellaneous Applications pending, if any, shall stand closed. LISA GILL, CJ NINALA JAYASURYA, J AMD 5 HCJ & NJS, J W.A.No.193 of 2026 184 HON’BLE MRS. JUSTICE LISA GILL, CHIEF JUSTICE & HON’BLE MR. JUSTICE NINALA JAYASURYA WRIT APPEAL No.193 of 2026 Dt:05.05.2026 AMD