Chalivendram Subbarayyudu vs The State Of Ap on 24 March, 2026

    0
    37
    ADVERTISEMENT

    Andhra Pradesh High Court – Amravati

    Chalivendram Subbarayyudu vs The State Of Ap on 24 March, 2026

    APHC010131102026
                       IN THE HIGH COURT OF ANDHRA PRADESH
                                     AT AMARAVATI                  [3521]
                              (Special Original Jurisdiction)
    
                 TUESDAY,THE TWENTY FOURTH DAY OF MARCH
                      TWO THOUSAND AND TWENTY SIX
                                  PRESENT
              THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
                         WRIT PETITION NO: 7194/2026
    Between:
      1.CHALIVENDRAM SUBBARAYYUDU, S/O KONDADAYYA, MALE,
        AGED 55 YEARS, R/O D.N0.7B-11-4, VANKENENI VARI STREET,
        THURUPU VEEDHI, ELURU, ELURU DISTRICT.
                                                           ...PETITIONER
    
                                    AND
      1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, HOME
        DEPARTMENT, SECRETARIAT, AMARAVATHI-522237
      2.THE SUPERINTENDENT OF POLICE, MARKAPUR DISTRICT, AT
        MARKAPUR-523316.
      3.THE STATION HOUSE OFFICER, PAMUR MANDAL                  POLICE
        STATION, AT PAMUR, MARKAPUR DISTRICT-523108.
      4.AKULA KONDAMMA, W/O ANJENEYALU, FEMALE, AGED 55 YEARS,
        R/O PAMUR VILLAGE PAMUR MANDAL, MARKAPUR DISTRICT-
        523108.
      5.AKULA MOHAN RAO, S/O ANJENEYALU, MALE. AGED 33 YEARS,
        R/O PAMUR VILLAGE, PAMUR MANDAL, MARKAPUR DISTRICT-
        523108.
      6.AKULA MALAYADRI, S/O ANJENEYALU , MALE. AGED 32 YEARS,
        R/O PAMUR VILLAGE,PAMUR MANDAL, MARKAPUR DISTRICT-
        523108.
                                                       ...RESPONDENT(S):
                                                    2
    
    
    Counsel for the Petitioner:
         1.KOTHA NAGA SURYA RAO
    Counsel for the Respondent(S):
         1.GP FOR HOME
    The Court made the following:
    ORDER:

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

    India seeking the following relief:

    SPONSORED

    “… to issue an appropriate Writ Order or Direction more particularly one in
    the nature of Writ of Mandamus declaring the inaction of the respondents No

    2 and 3 in not considering the representation dated 26.02.2026 submitted by
    the petitioner seeking police protection as illegal arbitrary and violative of
    Articles 14 and 21 of the Constitution of India and consequently direct the
    respondents 2 and 3 to provide adequate police protection to the petitioner
    for safeguarding his life and property and to prevent interference by
    respondents 4 to 6 in respect of agricultural land admeasuring Ac 1 25 cents
    in Sy No 4087 of Pamur Village Pamur Mandal Markapur District and
    pass…”

    2. Heard the learned Counsel for the Petitioner and the learned Assistant

    Public Prosecutor.

    3. Sri Kotha Naga Surya Rao, learned Counsel for the Petitioner submits

    that the inaction of Respondent Nos.2 and 3 in failing to extend police

    protection to the petitioner, despite a registered representation dated

    26.02.2026, constitutes a manifest violation of the constitutional guarantees

    enshrined under Articles 14, 21 and 300‑A of the Constitution of India. It is

    urged that the Petitioner, being the absolute owner and lawful possessor of

    Ac.1.25 cents in Sy.No.408‑7, 1B Khata No.241 of Pamur Village, is entitled to

    cultivate and enjoy his property free from unlawful interference, and the

    repeated threats and high‑handed obstruction by Respondent Nos.4 to 6

    amount to criminal intimidation and breach of peace. Learned Counsel for the
    3

    Petitioner would further contend that the police authorities, being custodians of

    law and order, cannot abdicate their constitutional duty on the specious plea of

    a “civil dispute,” for the Hon’ble Supreme Court in Lalita Kumari v. Govt. of

    U.P.,1 has categorically held that disclosure of a cognizable offence obligates

    immediate police action, and in P.R. Murlidharan v. Swami Dharmananda

    Theertha Padar2, it was affirmed that writ jurisdiction under Article 226

    extends to directing police protection where life and lawful possession are

    imperilled. The continued passivity of Respondent Nos.2 and 3, despite a

    subsisting threat to life and property, is arbitrary, unconstitutional, and

    tantamount to indirect State‑aided deprivation of property, thereby warranting

    the police authorities to forthwith provide effective and continuous protection

    to the Petitioner and restrain Respondent Nos.4 to 6 from unlawful

    interference.

    4. Sri P.Ajay Babu, learned Assistant Government Pleader, opposing the

    writ, submits that the Petitioner has sought to invoke the extraordinary

    jurisdiction of this Court under Article 226 without exhausting efficacious

    statutory remedies, and that the relief prayed for is in the nature of private

    protection against alleged interference by relatives, which squarely partakes of

    a civil dispute over possession and enjoyment of agricultural land. It is

    submitted that the police authorities cannot be compelled to adjudicate civil

    rights or act as arbiters of title, and their role is confined to maintenance of law

    and order. The representation dated 26.02.2026, though acknowledged, does
    1
    (2014) 2 SCC 1
    2
    (2006) 4 SCC 501
    4

    not disclose any cognizable offence warranting immediate police intervention,

    and the Petitioner has already divested ownership by executing a registered

    settlement deed in favour of his daughter, thereby raising questions of locus

    standi. Learned Assistant Government Pleader would further submit that the

    Writ Petition is not maintainable to enforce private rights against private

    respondents, and that the Petitioner ought to seek appropriate remedies

    before the competent Civil Court. It is therefore submitted that the Writ Petition

    is misconceived, bereft of merit, and liable to be dismissed in limine, as no

    constitutional or statutory violation is made out against the official respondents.

    5. Upon careful consideration of the submissions made by both the

    learned Counsel and the material placed before this Court, this Court is

    mindful that civil disputes over title and possession must be adjudicated

    before competent forums, the duty of the police to maintain law and order and

    prevent unlawful interference cannot be abdicated. Accordingly, the Writ

    Petition is disposed of, directing that the representation dated 26.02.2026

    submitted by the Petitioner shall be considered by the Respondent Nos. 2 and

    3 and appropriate orders shall be passed in accordance with law within a

    period of two weeks. There shall be no order as to costs.

    As a sequel, Miscellaneous petitions, if any pending, shall stand closed.

    _________________________
    DR. Y. LAKSHMANA RAO, J
    Date: 24.03.2026
    VTS



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here