Kandikatla Satyavathi vs The State Of Ap
2023 Latest Caselaw 4009 AP

  THE HON'BLE SRI JUSTICE K.SREENIVASA REDDY

              WRIT PETITION No.8642 of 2023

ORDER:-

     This Writ Petition is filed under Article 226 of the

Constitution of India seeking the following relief;

      ... to issue an appropriate Writ, order or orders
      more particularly one in the nature of writ of
      mandamus that declaring the action of the 5 th
      respondent in not registering the complaint

dated 23.07.2019 and thereby allowing the respondent Nos. 6 and 7 to make repeated attempts to trespass into the house of 242 Sq Yards in R.S.No.256/2A terraced building constructed under panchayat permission dated 06. 05.2013 vide GLR No. 10 of 2012-13 of Nelli Vari Peta of Billakurru Grama Panchayat of Kothapeta Mandal of Ambedkar Konaseema District as illegal. Arbitrary. unjust and violation of Art. 14 21 and 300A of Constitution of India and consequently direct the respondent Nos. 3 to 5 to register the crime pursuant to the complaint dated 23. 07. 2019 providing Police protection in implementing the orders in O.S. No. 139/2011 on the file of Honble Prl Junior Civil Judge Kothapeta through Order dated 03.08.2012 restraining the respondent Nos. 6 and 7 their men and agents etc. from interfering with the peaceful possession and enjoyment of the petitioner in respect of the land 242 Sq yards in R.S.No. 256/2A terraced building constructed under

panchayat permission dated 06. 05. 2013 vide GLR No. 10 of 201213 of Nelli Vari Peta of Billakurru Grama Panchayat of Kothapeta Mandal of Ambekar Konaseema District and pass..."

2. Case of the petitioner is that; she purchased the

vacant land of 242 square yards in R.S.No.256/2A vide

registered sale deed dated 04.8.2011 from one Kasi

Venkata Rao, since then she is in possession and

enjoyment of the said land. When she started

constructions in the subject land after obtaining

permission from Billakurru Gram Panchayat, the unofficial

respondents started interfering with the peaceful

possession of the petitioner over the subject property and

creating nuisance. The petitioner then approached the Civil

Court by filing suit in O.S.No.139 of 2011 on the file of the

Principal Junior Civil Judge, Kothapeta, seeking

Permanent Injunction. The Court below decreed the suit in

favour of the plaintiff/petitioner herein restraining the

defendants/unofficial respondents herein from interfering

into peaceful possession and enjoyment of the

plaintiff/petitioner herein over the plaint schedule property

till the plaintiff is evicted as per law under the provisions of

A.P. Assigned land (Prohibition of Transfer) Act 9/77, in

case the suit schedule property is proved as an assigned

land before competent authority. Though Permanent

Injunction was granted by the competent Civil Court in

favour of the petitioner also, the unofficial respondents are

trying to interfere with the petitioner's property and

creating nuisance. On that the petitioner made a

representation on 23.7.2019 to the respondent No.5 to

provide police aid. Till now no action has been taken on the

said representation and the same is pending with the

official respondents. Hence the Writ Petition.

3. Learned counsel for the petitioner submits that the

judgment passed by the Court below in O.S.No.139 of 2011

has become final and no appeal has been preferred by the

unofficial respondents till today and the official

respondents failed to take action on the representation

made by the petitioner till now.

4. Grievance of the petitioner is that despite the fact

that the injunction has been granted in favour of the

petitioner, the unofficial respondents are interfering with

the peaceful possession and enjoyment of the petitioner

over the subject property. Then the petitioner made a

representation dated 23.07.2019 to the respondent No.5 to

provide police aid to her and her subject land. The said

representation was made in the year 2019. But, till today

no action has been taken by the official respondents. It is

not known what has transpired in pursuance of the orders

passed by the learned Junior Civil Judge.

5. In view of the aforesaid facts and circumstances of

the case, the petitioner is directed to make a fresh

representation before the respondent/police seeking police

aid within two weeks from the date of receipt of a copy of

this order and on receipt of said representation, the police

are directed to dispose of the same, in accordance with law,

within a period of two (2) weeks thereafter.

Accordingly, the Writ Petition is disposed of. No costs.

Miscellaneous petitions, if any pending, in the Writ

Petition, shall stand closed.

______________________________ JUSTICE K. SREENIVASA REDDY

Dated: 04.9.2023 GR