APHC010073312026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3521]

(Special Original Jurisdiction)

MONDAY,THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 4124/2026 Between:

1.MEDURI SAMBRAJYAM, W/O. PRABHAKARA RAO, AGED ABOUT

60 YEARS, HOUSEWIFE, R/O. D.NO. 11-267, LUTHERIEN CHURCH ROAD, OLD MANGALAGIRI, MANGALAGIRI MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH.

...PETITIONER AND

1.THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY (HOME DEPARTMENT), SECRETARIAT BUILDINGS AT VELAGAPUDI,GUNTUR DISTRICT, ANDHRA PRADESH-522237.

2.THE SUPERINTENDENT OF POLICE, GUNTUR DISTRICT, GUNTUR-

522001.

3.THE STATION HOUSE OFFICER, MANGALAGIRI TOWN POLICE STATION, MANGALAGIRI, GUNTUR DISTRICT-522503.

4.BETHAPUDI NAGAMALLESWARA RAO, S/O. VEERANJANEYULU, AGED ABOUT 52 YEARS, R/O. D.NO. 11-265, MANGALAGIRI, GUNTUR DISTRICT-522503.

...RESPONDENT(S):

Counsel for the Petitioner:

1.CHETAN PONNURU Counsel for the Respondent(S):

1.GP FOR HOME The Court made the following:

ORDER:

The Writ Petition has been filed for the following relief:

“…toissuea Writ, Order or Direction, more particularly onein thenature of Writ of Mandamus, declaring the inaction of respondents 2 and 3 in considering the representation dated 06.02.2026 and providing police aid for implementing the decree in O.S. No. 280 of 2017 on the file of Principal junior civil judge , Mangalagiri for protection of decretal property bearing D.No. 95/B, D.No. 11-264, Assessment No. 15492 admeasuring 36.3 square yards situated at Mangalagiri, Guntur District as illegal, arbitrary, and violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct respondents 2 and 3 to consider the representation dated 06-02-2026 and provide immediate police protection/aid to me for safeguarding my possession and enjoyment of the suit schedule propertyand for implementing the decree of permanent injunction dated 04.07.2022 decree in O.S. No. 280 of 2017 on the file of Principal junior civil judge , Mangalagiri for protection of decretal property bearing D.No. 95/B, D.No. 11-264, Assessment No. 15492 admeasuring 36.3 square yards situated at Mangalagiri, Guntur District…”

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

3. Mr.Chetan Ponnuru, learned counsel for the petitioner, submits that the petitioner got a decree in O.S.No.280 of 2017 by the learned Principal Civil Judge (Junior Division), Mangalagiri for protection of the suit schedule property. Yet, the Respondent No.4 has been threatening with the possession and enjoyment of the property. The petitioner has submitted a representation dated 06.02.2026 to Respondent No.3, but, Respondent No.3 has not taken any action.

4. Sri P.Ajay Babu, the learned Assistant Government Pleader, on written instructions, submits that the petitioner’s grievance relates to possession of immovable property, which is purely civil in nature. The decree in O.S. No. 280 of 2017 can only be enforced through execution proceedings under the Civil Procedure Code, 1908, 1‘theC.P.C’. Respondent No.3 has not received any actionable petition as alleged, and police cannot adjudicate civil disputes.

5. In this regard, the learned counsel for the petitioner has relied on judgment of a learned Single Judge of this Court passed in W.P.Nos.15603, 17865, and 23211 of 2020, dated 10.12.2020 wherein at paragraph 7, it was held as follows:

“7.The contention of the learned Government Pleader for Home appearing for the official respondents that the petitioners cannot approach the writ Court without approaching the civil Court, which passed the permanent injunction decrees, cannot be countenanced in view of the Judgment of this Court reported in the case of Gampala Anthalah (2 supra). It is now well settled law that when a decree for permanentInjunction waspassed bya competent civil Court, when there is an attempt by the persons, who are suffering the said decrees, to dis