THE HON’BLE SRI JUSTICE VAKITI RAMAKRISHNA REDDY WRIT PETITION No. 39226 of 2015

ORDER

This writ petition is filed seeking following relief:

“To issue an appropriate writ, order or direction more particularly one in the nature of a writ of mandamus declaring the action of the respondents in not considering the petitioners application for providing police protection to the petitioners in respect of the land to an extent of Ac.10.39 guntas in Survey No.52/E, situated at Shambunigudem, H/o. Gollapalli, Tekulapalli Mandal, Khammam District is illegal, arbitrary and contrary to the Article 300-A of the Constitution of India and consequently direct the respondents to issue police protection to the land to an extent of Ac.10.39 guntas in Survey No.52/E, situated at Shambunigudem, H/o. Gollapalli, Tekulapalli Mandal, Khammam District by considering the application of the petitioners dated 16.11.2015.”

2. It is stated in the writ affidavit that father of the petitioners i.e., Pogaku Narsaiah was the pattedar and possessor of the land admeasuring Ac.10.39 guntas in Survey No.52/E, situated at Shambunigudem, H/o. Gollapalli, Tekulapalli Mandal, Khammam District (hereinafter referred as “subject land”). During his life time, the father of the petitioners had filed a suit vide O.S.No.11 of 1967 on the file of the Agency Divisional Officer, Kothagudem against one Battu Papaiah for Injunction and the said suit was decreed in terms of compromise recorded therein. Since then, father of the petitioners was in possession and enjoyment of the said property till his death. After death of their father, the petitioners have been in possession and enjoyment of the subject land.

3. While so, after the death of the father of the petitioners, one Akula Badraiah along with others attempted to interfere with the peaceful possession and enjoyment of the petitioners over the subject land. Therefore, the petitioners had instituted a suit in O.S.No.81 of 2010 on the file of the learned Junior Civil Judge at Yellanki of Khammam District, wherein they also obtained an order of ad-interim injunction vide I.A.No.142 of 2010 pending disposal of the main suit. Basing on the said orders of interim injunction, the petitioners approached this Court and sought for grant of police protection alleging that the defendants in the said suit were obstructing the petitioners from cultivating the subject land in their possession.

4. On the other hand, the learned Assistant Government Pleader for Home contended that without exhausting the alternative remedies, the petitioners have approached this Court straight away under Article 226 of Constitution of India, and the same is not maintainable. Further, the learned Assistant Government Pleader for Home also brought to the notice of this Court that the very suit in O.S.No.81 of 2010 in which the petitioners have obtained the said interim injunction vide I.A.No.142 of 2010, has already been dismissed for non- prosecution on 30.09.2015. Therefore, the cause in the present writ petition no longer survives for further adjudication and the same has become infructuous.

5. In view of the foregoing submissions made by the learned Assistant Government Pleader for Home, the present writ petition is liable to be dismissed. Accordingly, the writ petition is dismissed. There shall be no order as to costs.

As a sequel, miscellaneous applications pending if any in the appeals, shall stand closed.

___________________________________ VAKITI RAMAKRISHNA REDDY, J Date: 24.10.2025 Bw