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I , w IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT o Wit s ■Z. I
4. /; V. /> THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 5851 OF 2025 Between:
1. V. Eswaraiah, S/o Yerftsv^my, aged about 50 years, Occupation Agriculture & Beads Business, D.No.1-31 Kotala Village H/o Pathegada Village, Kalikiri Mandalam, Annamayya District. 2. V. Veerabhadraiah, S/o Pakeeraiah, aged about 40 years. Occupation Agriculture & Beads Business, Pathegada Village H/o Pathegada Village. Kalikiri Mandalam. Annamayya District. ...PETITIONERS AND
1. The State of Andhra Pradesh, Reptd by its Principal Secretary, Department of Home, Secretariat Buildings, Velagapudi Village, Guntur District
2. The Superintendent of Police, Annamaya District At Rayachoty
3. The Circle Inspector of Police, Kalikiri PS, Kalikiri, Annamayya District
4. Sri Reddy Sekhar Reddy, aged about 46 years. Circle Inspector of Police, Kalikiri PS, Kalikiri, Annamayya District
5. V.Savitramma, W/o Reddy Nagaiah, aged about 74 years, Kotala Village H/o Pathegada Kalikiri Mandalam, Annamayya District
6. V.Sallaiah, S/o. Rajanna, aged about 45 years, Kotala Village, H/o Pathegada Kalikiri Mandalam, Annamayya District.
...RESPONDENTS 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 to issue an order proceedings or a direction or a writ one in the nature of mandamus declaring the action of the respondents no.3 and 4 in interfering into the civil disputes between the writ petitioners and the respondents nos 5 and 6 and asking the writ petitioners to go for a compromise with R5 and R6 regards the property involved in the pending civil suit O.S.No.19/2025 on the file of the court of the Junior Civil Judge Vayalpad Annamayya District and the police giving police aid to the Respondents nos 5 and 6 at the above suit schedule property and the police department especially the Cl of Police/R3 and R4 openly supporting the R5 and R6 and thereafter R5 and R6 illegally and highhandedly causing damage to the property of the writ petitioners and the R3 and R4 directing the writ petitioners to go to the polic station and forcing the writ petitioners to sign on empty white papers and stamp papers as illegal arbitrary,unconstitutional and consequently direct the respondent nos.3 and 4 not to interfere into civil disputes between the writ petitioners and the respondents nos 5 and 6 and not to ask the writ petitioners to go for a settlement with R5 and R6 and further direct the police/R3 and R4 not to force the writ petitioners to sign empty stamp and other papers and direct the police not ask the writ petitioners to go to police station and ask them to sit the whole day.
lA NO: 1 OF 2025 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 to direct the respondent nos.3 and 4 not to interfere into civil disputes pending between the writ petitioners and the respondents nos 5 and 6 (OS No. 19/2025 on the file of the court of the Junior civil judge vayalpad annamayya district) and not to ask the writ petitioners to go for ai settlement with R5 and R6 and further direct the police/R3 and R4 not to force the writ petitioners to sign empty stamp and other papers and further direct the police not ask the writ petitioners to go to police station and ask
r them to sit the whole day and also direct the police/R3 and R4 not to give any police aid to the respondents nos 5 and 6 detrimental to the interest of the writ petitioners in the above said suit schedule property. Counsel for the Petitioners: SRI S. S. BHATT Counsel for the Respondent Nos.1 to 3: GP FOR HOME Counsel for the Respondent Nos.4 to 6:NONE The Court made the following: ORDER
APHC010117172025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY .THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE [3457] PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 5851/2025 Between: V Eswaraiah and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others Counsel for the Petitioner{S):
S S BHATT Counsel for the Respondent(S):
GP FOR HOME The Court made the following Order: ...RESPONDENT(S)
1. Heard the
learned counsel for the petitioners and the learned Assistant Government Pleader for Home.
2. The learned counsel appearing for the petitioners submits that respondents No.3 and 4, at the • behest of the respondent Nos.5 and 6, have demolished the tombs of the ancestors and sheds belonging to the petitioners. It is submitted that the petitioners are the owners of the said property and the pattadar passbooks are also in their favour. The
learned counsel further submits that respondents No.5 and 6 have filed O.S. No.19 of 2025
▼ II2II WP.No.5851 of 2025 before the Civil Judge (Junior Division), Vayalpad, claiming ownership over the property admeasuring Ac.0.36 cents in Sy.Nos.371 and Sy.No.371/A1 wherein the learned Magistrate granted ad-interim ex parte injunction pending suit. Respondents No.5 and 6, under the guise of ad interim injunction, have demolished the old sheds and also demolished the tombs of the ancestors of the petitioners. The learned counsel further submits that the tombs have been razed to the ground level and respondents No.3 and 4, at the behest of respondents No.5 and 6, intend to excavate the skeletons beneath the tombs and level the land.
3. The learned Assistant Government Pleader appearing for respondents Nos.3 and 4 submits that respondents Nos.5 and 6 have filed a complaint alleging that the petitioners are interfering with their possession. It is also submitted that the petitioners shall workout their remedies in the civil court as the injunction is sustaining.
4. Be that as it may, the learned counsel for the petitioners submits that respondents No.3 and 4 on behalf of the
WP.No.5851 of 2025 respondents No.5 and 6 are pressurizing the petitioners for excavating the skeletons of the ancestors of the petitioners.
5. Considering the submissions of the learned counsel for the petitioners, this Court deems it appropriate to dispose off the writ petition directing respondents No.3 and 4 not to interfere with the civil disputes between the petitioners and respondents No.5 and 6. No costs.
6. Pending miscellaneous petitions, if any, shall stand closed.
Sd/- K. TATA RAO deputy registrar //TRUE COPY// SECTION OFFICER To, Department of Home, State of Andhra Buildings, Velagapudi Village, Guntur District 2 The Superintendent of Police, Annamaya District At Rayachoty Kalikiri PS, Kalikiri, Annamayya District
1. The Principal Secretary, Pradesh, Secretariat
3. The Circle Inspector of Police Sri S. S. Bhatt, Advocate [OPUC] High Court of Andhra Pradesh. [OUT]
4. OneCCto
5. Two CCS to GP for Home,
6. Three CD Copies. ssb
▼ it HIGH COURT DATED:06/03/2025
ORDER WP.No.5851 of 2025 2P * 10 MAR 2025 a o> ^ . Current Section . ^ DISPOSING OF THE W.P. WITHOUT COSTS