A.A.Balaraman, vs The State Of Andhra Pradesh
2024 Latest Caselaw 3042 AP

Citation : 2024 Latest Caselaw 3042 AP
Judgement Date : 1 April, 2024

Andhra Pradesh High Court - Amravati

A.A.Balaraman, vs The State Of Andhra Pradesh on 1 April, 2024

APHC010472622017
                   IN THE HIGH COURT OF ANDHRA PRADESH
                                 AT AMARAVATI                  [3310]
                          (Special Original Jurisdiction)

                    MONDAY ,THE FIRST DAY OF APRIL
                   TWO THOUSAND AND TWENTY FOUR

                               PRESENT

           THE HONOURABLE DR JUSTICE K MANMADHA RAO

                      WRIT PETITION NO: 9953/2017

Between:

A.a.balaraman,                                          ...PETITIONER

                                 AND

The State Of Andhra Pradesh and Others              ...RESPONDENT(S)

Counsel for the Petitioner:

  1. V JAGAPATHI

Counsel for the Respondent(S):

  1. GP FOR HOME (AP)
 The Court made the following:
                                      ORDER

The present Writ Petition is filed under the Article 226 of the Constitution of India for the following relief:

"...to issue a Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd Respondent in not providing Police protection to the Petitioner in respect of his landed property in Sy.No.270/2, extent Ac.0.69 cents situated in Gundrajukuppam Village Accounts, Nagari Mandal, Chittoor District, as per permanent injunction decree dt.24.06.2006 in OS.No.17 of 2000 with specific boundaries on the file of the Hon'ble Junior Civil Judge, Nagari, as arbitrary, discriminatory, illegal and contrary to law and consequently direct the Respondents 2 and 3 to provide forth with Police protection to the Petitioner in respect of the said property with specific boundaries for effective implementation of permanent injunction decree dt.24.06.2006 in OS No.17 of 2000 on the file of the Hon'ble Junior Civil Judge, Nagar,i Chittoor District, and with all other consequential benefits, monetary or otherwise..."

2. Heard Mr.Kowtyla, learned counsel, representing Mr.V.Jagapathi, learned

counsel for the petitioner, and learned Assistant Government Pleader for Home

for official respondents.

3. Mr.Kowtyla, learned counsel appearing for the petitioner, submits that the

petitioner herein filed a suit for permanent injunction in O.S.No.17 of 2000 on the

file of the learned Junior Civil Judge, Nagari (for short, 'the trial Court'). By the

Judgment dated 24.06.2006, the trial Court decreed in favour of the petitioner

herein. Against which, the Government preferred first appeal, vide A.S.No.2 of

2008, on the file of the learned Senior Civil Judge, Puttur. The said appeal suit was dismissed, thereby confirming the Judgment passed by the trial Court.

Against which, S.A.No.1192 of 2013 was filed before this Court. This Court has

also dismissed the Second Appeal by its Judgment dated 02.02.2023.

4. In view of the submissions made by Mr.Kowtyla, learned counsel

appearing for the petitioner, and on perusal of material available on record, this

Court is of the opinion that, if the grievance of the petitioner is still subsisting, the

petitioner is at liberty to file an application by enclosing the Judgments and

Decree passed by the Court before the respondent police for police protection,

and upon such application, the respondents police are directed to act in

accordance with law.

5. With the above said direction, the present Writ Petition is disposed of.

There shall be no order as to costs.

As a sequel, miscellaneous applications pending, if any, shall also stand