LAWS(APH)-2020-12-43

RAI NARAMMA Vs. STATE OF ANDHRA PRADESH

Decided On December 21, 2020
Rai Naramma Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India, is filed seeking grant of police aid for effective implementation of the ad-interim injunction order passed in I.A.No.1175 of 2017 in O.S.No.76 of 2017 on the fie of the learned IX Additional District and Sessions Judge, Kovvur, West Godavari District.

(2.) Heard learned counsel for the petitioners, learned Government Pleader for Home and learned counsel for unofficial respondents.

(3.) The petitioners claim to be in possession of the land covered by R.S.Nos.216/2, 222, 230, 229/3, 200, 310, 203/3, 203/1, 359, 403/3, 402/2, 309 of Beemolu Village of Gopalapuram Mandal. It is their case that there is a long history of litigation in respect of the aforesaid lands and the petitioners have fought long legal battle and succeeded in the said litigation and their possession was declared in respect of the said lands by the Honourable Supreme Court in the case of G. Brahmayya and others vs Ala Venkaterao and others , 1990 2 SCC 283. As there was a threat to their possession in respect of the said lands despite the aforesaid order passed by the Honourable Supreme Court, that they have filed a suit in O.S.No.76 of 2017 on the file of the learned IX Additional District and Sessions Judge, Kovvur, West Godavari District and obtained ad-interim injunction against the respondents therein in I.A.No.1175 of 2017. Therefore, it is their case that despite the order passed by the competent civil Court restraining the un-official respondents herein from interfering with the possession of the petitioners in respect of the said land, that they have been interfering with their possession as there is a standing crop now in the said lands. Therefore, for effective implementation of the ad-interim injunction order that was passed in I.A.No.1175 of 2017 in O.S.No.76 of 2017, they sought police aid alleging that the police are not granting police aid to them as there is civil dispute pending between both the parties.