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High Court of Andhra Pradesh · body

2021 DAILYLAW 1076 (AP)

Smt.Gujji Chinnammalu v. The State of Andhra Pradesh

WP/19800/2021 · 2026-06-15

Tuhin Kumar Gedela

Original Suitbody2021

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010327742021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3548] TUESDAY,THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 19800/2021 Between: 1. SMT.GUJJI CHINNAMMALU, W/O.SRI GUJJI KANNAYYA REDDY HINDU, AGED 52 YEARS, R/ O.H.NO.67-1-97/ 1, GONDESIVANIPALEM PADAGANTYADA, MINDI POST VISAKHAPATNAM, VISAKHAPATNAM DISTRICT ANDHRA PRAESH ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT A.P. SECRETARIAT, VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER OF POLICE, VISAKHAPATNAM CITY, VISAKHAPATNAM DISTRICT ANDHRA PRADESH 3. THE DEPUTY COMMISSIONER OF POLICEI, VISAKHAPATNAM CITY, VISAKHAPATNAM DISTRICT ANDHRA PRADESH 4. THE INSPECTOR OF POLICE, DWARAKA POLICE STATION VISAKHAPATNAM CITY, VISAKHAPATNAM DISTRICT ANDHRA PRADESH 5. SRI BATHINA LOKANADHA RAO, S/O.LATE SRI B.RAMACHANDRA RAO AGED 50 YEARS, R/O.DOOR NO.4-21-31/3/3 E-2, 5TH FLOOR, B.R.EMPIRE APARTMENTS PEDA WALTAIR, VISAKHAPATNAM, 2 GTK, J W.P.No.19800 of 2021 VISAKHAPATNAM DISTRICT ANDHRA PRADESH ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue a writ, order or direction one in the nature of writ of Mandamus declaring the action of the Respondent No.4 in having orally summoned the petitioner to the Police Station on 20-08-2021, 23- 08-2021, 27-08-2021 and on 03-09-2021 and pressurized her to sign on blank papers for the purpose of pressing into those signed papers for settlement of the civil dispute in O.S.No.433/2016 now pending on the file of the court of the II Additional District Judge at Visakhapatnam as arbitrary, illegal, malafide, capricious and violative of Art.21 of the Constitution of India and consequently direct the Respondent No.4 not to interfere with the civil dispute between her (the petitioner) and the Respondent No.5 and also direct the respondent nos. 2 and 3 to give protection to the life and property of the petitioner and pass IA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased direct the Respondent No.4 not to summon the petitioner henceforth to police station and coerce her to sign on blank papers for the purpose of pressing them into service for settlement of the dispute in O.S.No.433/2016 now pending on the file of the court of the II Additional District Judge at Visakhapatnam pending disposal of the above writ petition Counsel for the Petitioner: 1. SUREPALLI MADHAVA RAO Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: 3 GTK, J W.P.No.19800 of 2021 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking, inter alia, the following relief: “…to issue a writ, order or direction more particularly one in the nature of a writ of Mandamus declaring the action of Respondent No.4 in having orally summoned the petitioner to the Police Station on 20-08-2021, 23-08-2021, 27-08-2021 and on 03-09- 2021 and pressurising her to sign on blank papers for the purpose of using those signed papers for settlement of the civil dispute in O.S. No.433 of 2016, now pending on the file of the Court of the II Additional District Judge, Visakhapatnam, as arbitrary, illegal, mala fide, capricious and violative of Article 21 of the Constitution of India, and consequently direct Respondent No.4 not to interfere with the civil dispute between the petitioner and Respondent No.5 and also direct Respondent Nos.2 and 3 to provide protection to the life and property of the petitioner and pass…” 2. Heard Sri Surepalli Madhava Rao, learned counsel for the petitioner, and the learned Assistant Government Pleader for Home appearing for Respondent Nos.1 to 4. 3. The learned counsel for the petitioner submits that, based on the contentions raised, an order was earlier passed protecting the interest of the petitioner in respect of O.S. No.437 of 2016 pending on the file of the learned II Additional District Judge, Visakhapatnam. It is further submitted that the said suit 4 GTK, J W.P.No.19800 of 2021 has since been dismissed for default and, in that view of the matter, the cause in the writ petition does not survive for further adjudication and the writ petition has become infructuous. 4. Recording the submissions made by the learned counsel for the petitioner, the writ petition is dismissed as infructuous. There shall be no order as to costs. As a sequel, all interlocutory applications, if any, pending in this writ petition shall stand closed. _____________________________ JUSTICE TUHIN KUMAR GEDELA 16th June, 2026 cbn 5 GTK, J W.P.No.19800 of 2021 61 THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA Writ Petition No: 19800 of 2021 16th June, 2026 cbn