IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 17619 of 2008 Between: 1 Gina Thilmmappa S/o. Yerranna R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 2 Mallika;rjun Rao S/o. Shankar Reddy R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 3 Ramakka W/o. Giddayya R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 4 Lakshmanna S/o. Hanumanna R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 5 Venkataramudu S/o. Karra Kista R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 6 Giddayya S/o. Karra Kista R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 7 Ramachandrudu S/o. Karra Kista R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 8 Raju S/o. Karra Kista R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 9 Ramanjaneyulu S/o. Karra Kista R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 10 Narasimhjudu S/o. Sheelappa R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 11 Venkateswarlu S/o. Pedda Ayyappa R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 12 Srinivasulu S/o. Chinnma Ayyappa R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 13 Nagendra S/o. Madanna R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 14 Bajari S/o. Yellappa R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 15 Krishnaiah S/o. Yallappa R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 16 Dwarapala S/o. Kristanna R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 17 Nagaraju S/o. Ramanna R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 18 Peda Raju S/o. Venkatappa R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 19 Kavali Narasimhudu S/o. Bajari R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 20 Bajarappa S/o. Nukali R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 21 Mallikarjun S/o. Bajarappa R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 22 Surendra S/o. Bajarappa R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 23 Nagaraju S/o. Badadhala Hanumanthu R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 24 Ramudu S/o. Hanumanthu R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 25 Munuswamy S/o. Buddanna R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 26 Kistappa S/o. Mugenna R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 27 A. Anjaneyulu S/o. Narayana R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 28 Sunkanna S/o. Hanumanna R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 29 Krishna S/o. Garla Thimmappa R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 30 Ranganna S/o. Pedda Bodenna R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 31 Krishna S/o. Chinna Ramudu R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 32 Ramudu S/o. Gundanna R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 33 Yella Krishna S/o. Achari R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 34 Madhayya S/o. Jeena Thimmappa R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 35 Sukali S/o. Chandrappa Gari Muganna R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 36 Prahaladh S/o. Narasimhudu R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 37 hari Mohan S/o. Venkataramudu R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 38 Venkataramudu S/o. hanumanthu R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 39 Ranga Swamy S/o. Nararaju R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 40 parashuramudu S/o. Narasimhudu R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 41 Nadishi Giddayya S/o. Pedda Giddayya R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 42 Chinna Giddayya S/o. Pedda Giddayya R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 43 Venkataramudu S/o. Thimmappa R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 44 Narasimhudu S/o. Narasimhudu R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 45 Giri Harikumar S/o. Chinna Giddayya R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 46 Pedda Hanumanthu S/o. Ramudu R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 47 Chinna Hanumanthu S/o. Ramudu R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 48 Hanumanthu S/o. Sanjanna R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 49 Gunduadu S/o. Sanjanna R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 50 Parasuramudu W/o. Thimmanna R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 51 Haribabu S/o. Bajaree R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 52 Giddayya S/o. Nagaraju R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 53 Vijay, S/o. Nagaraju R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 54 Sunkulamma, W/o. Thimmanna R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 55 Sivaiah, S/o. Sukhali, R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 56 Rajasekhar, S/o. Buganna, R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 57 Yeramala, S/o. Lakshmanna, R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 58 Nagamaddi, S/o. Lakshmanna, R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 59 Pedda Giddayya, S/o. Yellappa, R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 60 Chinna Giddayya, S/o. Yellappa, R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 61 Subhadra, W/o. Lakshmanna, R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 62 Chandranna, S/o. Narayana, R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 63 Ramulamma, W/o. Raju, R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 64 Lakshmanna, S/o. Narayana, R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 65 Chandrakala, S/o. Ananthappa, R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 66 Nagaraju, S/o. Mugianna, R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 67 Lakshmanna, S/o. Mugianna, R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 68 Maddileti, S/o. Bodanna, R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 69 Lakshmi Devi, W/o. Chinna Bodanna, R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 70 Madamma, W/o. Karanna, R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 71 Mahesh, S/o. Hanumanthu, R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 72 Ramudu, S/o. Hanumanthu, R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. 73 Narasimhulu, S/o. Silukata, R/o. Yerikala Cheruvu Village Krishnagiri Mandal, Kurnool District. ..... PETITIONERS AND 1 The Government of A.P. Rep. by the Superintendent of Police Kurnool District at Kurnool. 2 The Deputy Superintendent of Police Dhone, Kurnool District. 3 Sri Syed Vali S/o. Petitioner not aware Dhone, Kurnool District. 4 The Station House Officer, Krishnagiri Police Station, at Krishnagiri Village and Mandal, Kurnool District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue appropriate writ or order or direction mostly one which is in the nature of writ of Mandamus declaring the action of the respondents in not allowing the petitioners to enter their Yerikala Cheruvu Village, Krishnagiri Mandal, Kurnool District to have their residence and to carry on agricultural operations as malaﬁde illegal, irregular, arbitrary unreasonable unconstitutional unjustified and unsustainable. Counsel for the Petitioner: MR.P.VEERA REDDY Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 17619 of 2008 O R D E R: The petitioners herein, 73 in number, claim to be the permanent residents of Yerikalacheruvu Village, Krishnagiri Mandal, Kurnool District. It is stated that all the petitioners belong to weaker sections and most of them are small and marginal farmers. It appears that on account of rivalry between two groups belonging to two diﬀerent political parties some untoward incidents took place in the village and Crime No.169 of 2006 was registered on the ﬁle of the Krishnagiri P.S. alleging that about 28 persons belonging to Kuraba and Boya castes committed an oﬀence of murder of Kuraba Kavali Ranganna, Bala Giddaiah and Kuraba Kavali Bajari. After due investigation a charge sheet was filed by the Police on 03-02-2007 against those 28 persons for the offence under Sections 147,148, 324 and 302 read with 149 IPC. It is stated that the petitioners herein are in no way involved in the said alleged oﬀence. However, since the members of one of the rival groups were attacking the houses of the petitioners and other villagers belonging to other group, the petitioners ﬂed away from the village. Two days thereafter though some of the petitioners returned to their village on 26-10-2006, since their houses were locked by the Police, they had to again leave the village. Thereafter in spite of several attempts to enter into the village, the petitioners could not succeed in view of the threats received from the Police. In the circumstances, the petitioners made a complaint on 05-11-2007 before the State Human Rights Commission and by order, dated 13-02-2007, the third respondent herein was directed to instruct the Krishnagiri Police not to indulge in any further demolition of the houses of the petitioners. In spite of the same, the petitioners were not allowed to enter in to the village even after 9 months from the incident. In the circumstances, the petitioners made another representation dated 04-08-2007 to the Deputy General of Police-4th respondent herein. The 4th respondent also requested the 3rd respondent to issue appropriate instructions to allow the petitioners to enter their village. Even then since petitioners were not allowed to enter the village, they earlier ﬁled W.P.No. 5718 of 2008 seeking a declaration that the action of the respondents is arbitrary and illegal. The said writ petition was disposed of by this Court by order dated 15-04-2008 recording the oral statement made on behalf of the respondents that they were not preventing the petitioners from entering the village. Pursuant thereto, the petitioners approached the 1st respondent herein with a request to direct the other respondents to permit them to enter the village. Though the 1st respondent issued oral instructions, the 2nd respondent did not allow the petitioners to enter the village under the guise of another incident that took place in T.Gokulapadu Village. Hence, this writ petition alleging that the police are intentionally supporting one political party and not allowing the petitioners to enter their village. A counter aﬃdavit has been ﬁled by the 2nd respondent, Deputy Superintendent of Police stating that the petitioners voluntarily left their houses in the year 2006 after occurrence of the oﬀence, which was the subject matter of Crime Nos.169 and 182 of 2006. It is further stated that due to heavy rain fall, the houses of the petitioners were damaged and the allegation that the Police intentionally damaged their houses is incorrect. It is reiterated that the local Police never prevented the petitioners herein in any manner from either entering, residing or carrying on agricultural operations in Yerukalacheruvu Village at any point of time. As a matter of fact, some of the petitioners are actually cultivating their land in the village as usual without any hindrance. All other allegations made by the petitioners that the Police are supporting the group belonging to one political party have been denied and it is stated that the Police are ready and willing to give protection to the petitioners as and when required. Having regard to the counter aﬃdavit ﬁled on behalf of the respondents and keeping in view that except the incident that took place in the year 2006, no fresh incident has taken place in Yerikalacheruvu village and the recent incident that took place in the year 2008 is in a diﬀerent village namely T.Gokulapadi village, which has nothing to do with the petitioners and particularly the order passed by the Human Rights Commission, dated 13-02-2007 and the assurance given by the respondents to give protection to the petitioners as and when required, no further enquiry is necessary in this writ petition. Accordingly, the writ petition is disposed of leaving it open to the petitioners to seek police protection as and when necessary. If any such request is made, the respondents shall consider the same in accordance with law keeping in view the observations made above. No costs. ______________ G. ROHINI,J Date: 11-09-2008 Note: Issue C.C. in 3 days. B/o KLP