Shaik Maabu Vs The State of Andhra Pradesh

“…to issue a Writ, order or directions, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents 2 to 4 in not considering petitioner's representation dated.23-12-2025 which was made to provide police protection to enable him to construct one portion of house and compound wall in Sy.No.81/1A1 situated at Pakkirpet, Bhanumukkala Village, Banaganapalle Town, Nandyal (Kurnool) District in spite of petitioner's representation dated.23-12-2025, judgment passed in OS No.40/2011, dated.29- 02-2016, Order in WP No.42322/2016, dated.15-12-2016, permission of Gram Panchayat, Banaganapalle dated.03-03-2016 and dismissal of OS No.207/2016 on the file of Junior Civil Judge, Banaganapalle which is illegal, arbitrary, unconstitutional, contrary to law in the above orders and in violation of Articles 14, 16 and 300-A of Constitution of India and consequently direct the respondents to provide police protection to enable the petitioner to construct one portion of house and compound wall in the above subject house site…”

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Mr. Challa Siva Sankar, learned counsel for the petitioner, submits that

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the representation dated 23.12.2025 was submitted to Respondent Nos.2 to 4, but the said representation was not considered.

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Sri Ajay Babu, learned Government Pleader for Home, submits that the representation was considered by the Station House Officer/Respondent No.3, and it was observed that the case is of a civil nature and that, without there being specific orders from the competent civil court, no direction could be provided. However, no written order was passed on the representation submitted by the petitioner.

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The petitioner, on an earlier occasion, filed W.P.No. 42322 of 2016, dated 15.12.2016. This Court disposed of the Writ Petition directing the respondents therein to consider the representation filed by Petitioner No.1.

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3

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The petitioner filed a suit in O.S.No.40 of 2011 on the file of the learned II Additional Senior Civil Judge, Nandyal, and the said suit was decreed on 29.02.2016, granting permanent injunction against the defendants and also against the District Collector, Kurnool District, the Revenue Divisional Officer, Nandyal, and the Tahsildar, Banaganapalle Mandal.

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Upon passing of the judgment and decree in the above-mentioned suit, another suit in O.S.No.207 of 2016 was filed by a different person, in respect of the same property, on the file of the learned Junior Civil Judge, Banaganapalle. The said suit was dismissed for non-prosecution by order dated 09.10.2025.

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Considering the facts and circumstances of the case, the Writ Petition is disposed of, directing Respondent No.3 to pass appropriate orders on the representation dated 23.12.2025 submitted by the petitioner within a period of two (02) weeks. If such representation is not there with the Respondent No.3, the Petitioner shall submit afresh such representation whereupon the Respondent No.3 shall dispose of as early as possible.

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