Andhra Pradesh High Court - Amravati
Respondent Nos. 2 To 5 Herein In Not ... vs Unknown on 24 July, 2023
THE HON'BLE SRI JUSTICE K SREENIVASA REDDY
Writ Petition No.23694 of 2020
ORDER:
The Writ Petition has been filed to declare the action of the
Respondent Nos. 2 to 5 herein in not considering the
representation dated 31.07.2020 for providing police protection
to the petitioners for performing agricultural operations over an
extent of Ac.0.82 cents in Sy.No.569/2B situated at
Moravagupalem, Rambhotlapalem, Cherukupalli Mandal, Guntur
District, as illegal and arbitrary.
2. The grievance of the petitioners is that there are disputes
between the petitioners and the unofficial respondents. In
connection with that, the husband of 1st petitioner filed suit in
O.S.No.51 of 2013 on the file of Senior Civil Judge's Court at
Repalle for cancellation of Gift deed bearing Document
No.07/2012 dated 13.11.2011. The Senior Civil Judge's Court,
Repalle vide order dated 14.03.2017 decreed the said suit
declaring that the husband of 1st petitioner is the owner of the
suit schedule property and also cancelled the Document
No.07/2012. Thereafter, the husband of 1st petitioner filed
E.P.No.28 of 2017 in O.S.No.28 of 2017 before the Senior Civil
Judge's Court, Repalle to handover the suit schedule property.
By an order dated 01.05.2017, the suit schedule property was
handed over to the husband of 1st petitioner through Court Amin.
Since then, 1st petitioner and her husband are in peaceful
possession of the same. Thereafter, the unofficial respondents
filed an appeal in A.S.No.23 of 2017 aggrieved by the judgment
in O.A.No.51 of 2013. Pendency of the first appeal, the husband
of 1st petitioner had died on 29.04.2018. Thereafter, on
10.07.2020, the said first appeal was dismissed by the learned
XI Additional District Judge, Tenali. On coming to know about
the dismissal of the case, the unofficial respondents are
interfering with the peaceful possession of the petitioners over
the suit schedule property. In connection with that, a
representation has been made by 1st petitioner herein to the
Superintendent of Police, Guntur Rural, who is 2 nd respondent
herein. Though a representation has been made on 31.07.2020,
no action has been taken by the respondents 2 to 5 till date.
3. Sri P.Durga Prasad, learned counsel for the petitioners,
submits that though the title and possessory rights over the
schedule property were crystallized in favour of petitioners in the
competent courts, the unofficial respondents are highhandedly
interfering from performing the agricultural operations and
maintaining possession over the schedule property by the
petitioners. Further, the respondents 2 to 5 are deliberately
flouting the decree and order passed by the competent civil court
though they are bound to effectuate the established rights of the
petitioners.
4. Per contra, learned Assistant Government Pleader for
Home, while reiterating the averments of the counter, submits
that so far no representation has been received by the police
from 1st petitioner and in fact no representation was said to be
preferred on 31.07.2020 to the respondents 2 to 5.
5. In view of the aforesaid reasons, since the property has
been handed over by the Executing Court in favour of husband of
1st petitioner, who is no more, 1st petitioner is permitted to make
a representation afresh before the respondent-police. On such
representation, the respondent-police are directed to consider the
said representation and dispose of the same, within a period of
two (2) weeks from the date of receipt of such representation, in
accordance with law.
6. Accordingly, the Writ Petition is disposed of. No order as
to costs.
7. As a sequel, miscellaneous petitions, if any, pending in this
Writ Petition shall stand closed.
______________________________
JUSTICE K. SREENIVASA REDDY
24.07.2023
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THE HON'BLE SRI JUSTICE K.SREENIVASA REDDY
Writ Petition No.23694 of 2020
Date:24.07.2023
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