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2026 DAILYLAW 2537 (AP)

S NANNEMIYYA JAMEELA BEGUM v. THE STATE OF ANDHRA PRADESH

WP/11805/2026 · 2026-05-03

Y Lakshmana Rao

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010211352026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE FOURTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 11805/2026 Between: 1. S NANNEMIYYA JAMEELA BEGUM, W/O. SHAIK NANNEMIYYA SHUKUR, AGED 48 YEARS, OCC HOUSEHOLD, R/O. D.NO. 2/159A, MULLANPETA, REVENUE WARD NO. 2, NANDYAL, NANDYAL DISTRICT, ERSTWHILE KURNOOL DISTRICT. 2. SHAIK N AMEER SOHAIL,, S/O. SHAIK NANNEMIYYA SHUKUR, OCC PRIVATE SERVICE, AGED 29 YEARS, R/O. 2/159A, MULLANPETA, REVENUE WARD NO 2, NANDYAL, NANDYAL DISTRICT, ERSTWHILE KURNOOL DISTRICT. 3. SHAIK N SHAHUL HAMID,, S/O. SHAIK NANNEMIYYA SHUKUR, OCC PRIVATE SERVICE, AGED 25 YEARS, R/O. 2/159A, MULLANPETA, REVENUE WARD NO. 2, NANDYAL, NANDYAL DISTRICT, ERSTWHILE KURNOOL DISTRICT ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMAMRAVATI, GUNTUR DISTRICT - 522 238. 2. THE SUPERINTENDENT OF POLICE, NANDYAL DISTRICT AT NANDYAL, ERSTWHILE KURNOOL DISTRICT - 518 501. 3. THE DEPUTY SUPERINTENDENT OF POLICE, NANDYAL, NANDYALA DISTRICT, ERSTWHILE KURNOOL DISTRICT - 518 501. 2 Dr. YLR, J W.P.No.11805 of 2026 Dated 04.05.2026 4. THE SUBINSPECTOR OF POLICE, L-TOWN POLICE STATION, NANDYAL, NANDYAL DISTRICT, ERSTWHILE KURNOOL DISTRICT - 518 501. 5. G SUDHAKAR REDDY, S/O. NOT KNOWN, WORKING AS INSPECTOR OF POLICE, L-TOWN POLICE STATION, NANDYAL, NANDYAL DISTRICT, ERSTWHILE KURNOOL DISTRICT - 518 501. 6. THE STATION HOUSE OFFICER, L-TOWN POLICE STATION, NANDYAL, NANDYAL DISTRICT, ERSTWHILE KURNOOL DISTRICT - 518 501. 7. THE INQUIRY OFFICER, , ANDHRA PRADESH STATE WAQF BOARD MINORITIES WELFARE DEPARTMENT, OPP MOURYA INN HOTEL, KURNOOL, KURNOOL DISTRICT - 518 001. 8. THE INSPECTOR AUDITOR, WAQFS, NANDYAL TOWN, NANDYAL DISTRICT, ERSTWHILE KURNOOL DISTRICT - 518 50 ...RESPONDENT(S): Counsel for the Petitioner(S): PETLURI NAGA RAJU 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 order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents more particularly respondents 4 to 6 at the instance of respondents 7 and 8 in coercing petitioners to vacate from their site and building property comprising shops bearing Municipal Nos. 2-158 and 2-159 Old Nos. 2-117 and 2-118 admeasuring total extent of 212.5 Square yards situated at Kalpana/Bhavani Centre Nandyal Town and District in order to deliver the same to respondents 7 and 8 as illegal irregular 3 Dr. YLR, J W.P.No.11805 of 2026 Dated 04.05.2026 irrational without any authority or sanction of law and violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents particularly respondents 4 to 6 not to interfere in any manner with petitioners possession of the said property and pass….” 2. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader. 3. Mr. Petluri Nagaraju, learned counsel for the petitioners, submits that respondent Nos.4 to 6, at the instance of respondent Nos.7 and 8, are coercing the petitioners to vacate the site and building property comprising shops bearing Municipal Nos.2-158 and 2-159 (Old Nos.2-117 and 2-118), admeasuring a total extent of 212.5 square yards, situated at Kalpana/Bhavani Centre, Nandyal Town and District, in order to deliver possession of the same to respondent Nos.7 and 8, which action is illegal, irregular, irrational, and without any authority or sanction of law. 4. Sri P. Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that the representation dated 21.02.2026 submitted by the 8th respondent merely sought enquiry and protection of a property already notified as Waqf property in the A.P. Gazette. It is submitted that the role of the respondent police is confined only to maintenance of law and order and that they cannot interfere in civil disputes relating to title, ownership, or possession. He further submits that the allegation that the police are coercing the petitioners to vacate the property is false and unsupported by any material particulars. It is also submitted that disputes concerning property rights have to be adjudicated before the competent Civil Court or Waqf Tribunal, and that 4 Dr. YLR, J W.P.No.11805 of 2026 Dated 04.05.2026 the police authorities cannot act as an executing agency for resolution of private civil disputes between parties. 5. 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 not to interfere henceforth in the civil disputes pending between the petitioners and the unofficial respondents, without following due process of law. 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: 04.05.2026 RSI 5 Dr. YLR, J W.P.No.11805 of 2026 Dated 04.05.2026 247 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 11805 of 2026 Date: 04.05.2026 RSI