C. Nagaraju, Vs The State of Andhra Pradesh

SAKAMMA W/O LATE EERANNA AGED 73 YEARS CULTIVATION R/O HEMAVATHI AMARAPURAM MANDAL ANANT, W/O. LATE EERANNA, AGED 73 YEARS, CULTIVATION, R/O. HEMAVATHI, AMARAPURAM MANDAL, ANANTAPUR DISTRICT.

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E ASWATHANARAYANA, S/O. LATE EERANNA, AGED 53 YEARS, CULTIVATION, R/O. HEMAVATHI, AMARAPURAM MANDAL,

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Dr. YLR, J W.P.No.17763 of 2021 Dated 04.02.2026

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ANANTAPUR DISTRICT.

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RATHNAMMA, , W/O. YANJARAPPA, AGED 56 YEARS, SINECURE, R/O. HEMAVATHI, AMARAPURAM MANDAL, ANANTAPUR DISTRICT.

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...RESPONDENT(S):

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Counsel for the Petitioner:

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KATA SAMBASIVA RAO

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Counsel for the Respondent(S):

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GP FOR HOME

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The Court made the following:

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ORDER :

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The Writ Petition has been filed under Article 226 of the Constitution of

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India seeking the following relief:-

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“…to issue a writ order or direction more particularly one in nature of Writ of Mandamus declaring the inaction of the 3rd respondent in taking appropriate action in pursuant to the petitioners representation Dt 18 11 2018 for providing police protection so as to implement the judgment and decree passed in O S No 149 of 2012 Dt 19 06 2017 on the file of the Senior Civil Judge Hindupur for protection of decreetal property in Sy No 1231 to an extent of Ac 003 cents and in Sy No 1232 to an extent of Ac 171 cents in Kulam No 90 situated at Hemavathi Village Polam Amarapuram Mandal Anantapur District is illegal and arbitrary and consequently direct the respondents no 2 and 3 to provide police protection in respect of decreetal property in pursuant to the judgment and decree passed in OfS No 149 of 2012 Dt 19 06 2017 on the file of the Senior Civil Judge Hindupur and pass….”

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Heard the learned counsel for the petitioner and the learned Assistant

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Government Pleader.

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Dr. YLR, J W.P.No.17763 of 2021 Dated 04.02.2026

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Sri Kata Sambasiva Rao, learned counsel for the petitioner, submits that respondent No.3 has not taken any action on the representation submitted by the petitioner on 18.11.2018 seeking police protection for implementation of the judgment and decree passed in O.S. No.149 of 2012, dated 19.06.2017, by the learned Senior Civil Judge, Hindupur.

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Sri P. Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that an appeal against the judgment and decree passed in O.S. No.149 of 2012 was pending on the file of the learned Additional District Judge, Hindupur, in A.S. No.61 of 2017, and unless the said appeal is decided, the respondents would not be in a position to render any kind of assistance to the petitioner.

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Be that as it may, age of the unofficial respondent No.4 would be about 91 years as of now, if she is alive. Respondent No.5 would be aged about 79 years as of now, if she is alive. Similarly, the petitioner and respondent No.7 are aged about 61 years as of now. It is further submitted by the learned Assistant Government Pleader that A.S. No.61 of 2017 was dismissed for default in the year 2024.

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Considering the facts and circumstances of the case, the Writ Petition is disposed of, granting liberty to the petitioner to follow due process of law by availing appropriate civil remedies, in the event A.S. No.61 of 2017 is restored

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Dr. YLR, J W.P.No.17763 of 2021 Dated 04.02.2026

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to file or if any judgment and decree are passed in the appeal suit, by way of filing a second appeal before this Court.

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