H.R. Obulesh, Vs The State of Andhra Pradesh

RANGAMMA, W/O LATE. NARASIMHAPPA, AGED ABOUT 66 YEARS, OCC AGRICULTURE, RESIDING AT HANUMANAHALLI VILLAGE, AGALI MANDAL, SRI SATHYA SAI DISTRICT. 515311

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H D NAGAPPA, S/O DODDA DASAPPA, AGED ABOUT 61 YEARS, OCC AGRICULTURE,515311.RESIDING AT HANUMANAHALLI

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Dr. YLR, J W.P.No.5001 of 2026 Dated 23.02.2026

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VILLAGE, .AGALI MANDAL, SRI SATHYA SAI DISTRICT.

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RANGASWAMY, S/O LATE. NARASIMHAPPA, AGED ABOUT 52 YEARS, OCC AGRICULTURE, 515311.RESIDING AT HANUMANAHALLI VILLAGE, AGALI MANDAL, SRI SATHYA SAI DISTRICT.

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LAKSHMANA, S/O LATE. NARASIMHAPPA, AGED ABOUT 55 YEARS, OCC AGRICULTURE,515311. RESIDING AT HANUMANAHALLI VILLAGE, .AGALI MANDAL, SRI SATHYA SAI DISTRICT.

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...RESPONDENT(S):

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Counsel for the Petitioner:

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B.V.DURGA PRASAD

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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 India seeking the following relief:-

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“…to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of the respondents No. 2 to 5 in providing police aid to the persons and property in an extant of an Ac.2.02, Cents in Sy.No. 323/5, and Ac. 1.01 Cents in Sy.No. 323/4A of Kodihalli Village fields, Agali Mandal, Sathya Sai District, from the respondents No. 6 to 9 in pursuance of the ad-interim injunction, dated 06-01-2025 made in I.A.No. 08 of 2025 in O.S.No. 03 of 2025 on the file of the Principal Junior Civil Judge, Madakasira, as arbitrary, illegal, abdication of the statutory duty cast on them. contrary to the well settled legal position apart from being violative of the fundamental rights guaranteed to me under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents No.2 to 5 to provide the police aid to persons and properties in an extant of Ac.2.02, Cents in Sy.No. 323/5, and Ac.I.OICents in Sy.No. 323/4A of Kodihalli Village fields. Agali Mandal,

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Dr. YLR, J W.P.No.5001 of 2026

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Dated 23.02.2026

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Sathya Sai District, from the respondents No. 6 to 9 in pursuance of the ad-interim injunction, dated 06-01-2025 made in I.A.No. 08 of 2025 in O.S.No.03 of 2025 on the file of the Principal Junior Civil Judge, Madakasira, and pass such….”

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Heard the learned counsel for the petitioner and the learned Assistant Government Pleader.

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Sri B.V.Durga Prasad, learned counsel for the petitioner, submits that despite there being orders by the competent Civil Court restraining the unofficial respondents from interfering with the peaceful possession and enjoyment of the property, they are interfering with the peaceful possession and enjoyment of the petitioner’s property. The petitioner submitted a representation dated 05.02.2026 to the Deputy Superintendent of Police, Satya Sai District/respondent No.3 requesting to provide police aid to the petitioner’s land. However, the said representation has not been considered by respondent No.3 in accordance with law, and hence, it is urged to allow the Writ Petition.

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Sri P. Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that though a competent Civil Court passed an order restraining the unofficial respondents from interfering with the peaceful possession and enjoyment of the petitioner over the plaint schedule property, there was no specific direction to the police to safeguard the petitioner’s property from the unlawful interference of the unofficial respondents.

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Dr. YLR, J W.P.No.5001 of 2026 Dated 23.02.2026

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Considering the above submissions of the learned Assistant Government Pleader, this Writ Petition is disposed of directing the respondent Nos.2 to 5 to consider the representation submitted by the petitioner and dispose of the same in accordance with law. It is made clear that the petitioner is at liberty to file an appropriate application under Order XXXIX Rule 3A of the Code of Civil Procedure, 1908 (for brevity ‘the CPC’) before the concerned Civil Court seeking appropriate action against the unofficial respondents for violating the ad-interim injunction granted by the learned Civil Judge.

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