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2025 DAILYLAW 14050 (AP)

K. MUNILAKSHMI v. THE STATE OF ANDHRA PRADESH

WP/10800/2020 · 2025-08-04

Venkata Jyothirmai Pratapa

body2025

Judgment text

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1 APHC010171382020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 10800/2020 Between: 1. K. MUNILAKSHMI, W/O K. SUBRAHMANYAM, AGED ABOUT 58 YEARS, R/O AT NO.5-20, MANGALAM POULTRY FORM -2, MANGALAM, KARAKAMBADI ROAD, TIRUPATI URBAN MANDAL, CHITTOOR DISTRICT. 2. K.NAGARAJU, S/O K.SUBRAHMANYAM, AGED ABOUT 34 YEARS, R/O AT NO.5-20, MANGALAM POULTRY FORM -2, MANGALAM, KARAKAMBADI ROAD, TIRUPATI URBAN MANDAL, CHITTOOR DISTRICT. 3. K.SUBRAHMANYAM, S/O LATE K.SUBBAIAH, AGED ABOUT 60 YEARS, R/O AT NO.5-20, MANGALAM POULTRY FORM -2, MANGALAM, KARAKAMBADI ROAD, TIRUPATI URBAN MANDAL, CHITTOOR DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, SECRETARIAT, VELAGAPUDI, AMARAVATI, 2. THE SUPERINTENDENT OF POLICE, TIRUPATI URBAN TIRUPATI, CHITTOOR DISTRICT 3. INSPECTOR OF POLICE, ALIPIRI PS TIRUPATI TOWN 4. E SRIKANTH, S/O E PRABHAKAR RAO, AGED 43 YEARS, MANGALAM, R/O RAJIV GANDHI COLONY, TIRUPATI URBAN 2 MANDAL, CHITTOOR DISTRICT 5. S HANUMANTHA NAIK, S/O PEERA NAIK, AGED ABOUT 50 YEARS, R/O MANGALAM QUARTERS, MANGALAM, TIRUPATI URBAN MANDAL, CHITTOOR DISTRICT 6. S RAMBOJI NAIK, S/O NOT KNOW, AGED ABOUT YEARS. D.NO.6- 17 VENKATESWARA COLONY, MANGALAM, TIRUPATI URBAN MANDAL. 7. B INDIRA, W/O LATE B.MAHESWAR, AGED ABOUT 30 YEARS, R/O D.NO.681, KRANTHI NAGAR, JEEVAKONA, TIRUPATI URBAN MANDAL 8. JAVVAJI MURALI, S/O SRINIVASULU, AGED ABOUT 38 YEARS, RIO H.NO.12-130, SAPTHAGIRI COLONY,NEAR MANGALAM, TIRUPATI URBAN MANDAL. 9. S KOUSALYA BAI, W/O RAMBOJI NAIK, AGED ABOUT 30 YEARS, H.NO.6-17, SRI VENKATESWARA COLONY, MANGALAM AREA, TIRUPATI URBAN MANDAL. 10. B KUMAR, S/O B.SANKARAPPA, AGED ABOUT 42 YEARS, H.NO.10-68, JEEVAKONA, MANGALAM ROAD, TIRUPATI URBAN MANDAL 11. B JAYARAM NAIDU, S/O NOT KNOWN, AGED ABOUT YEARS, R/O AT 14.NO.20-3-110F, YERRAMITTA, TIRUPATI TOWN 12. SHAIK KHAJA HUSSAIN, S/O SHAIK MULDER BASHA AGED ABOUT R/O D.NO.20-2-499/F, YERNUNITTA. TIRUPATI TOWN 13. C SAKALANANDA REDDY, S/O NOT KNOWN. ACED ABOUT NAHALAPATTU VILLAGE AND FLUIDAL, CHITTOOR DISTRICT 14. NAGAI NARESH, S/O NAGAIAH, AGED ABOUT 3S YEARS. H.NO.5- 342, MANGALAMA QUARTERS, TIRUPATI URBAN MANDAL, CHITTOOR DISTRICT 15. T RAJEILDRA, S/O VENKATAMVANTY AGED ABOUT 45 YEARS- D.NLO.11-297, ARTMODAYA NACAR, JECRAKONA, RAJIV NAGAR. TIRUPATITOWN ...RESPONDENT(S): 3 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 a writ in the nature of a writ of mandamus or any other appropriate writ, direction, order or orders declaring the action of the respondent No.3 herein in continuously interfering in petitioners' residential property bearing H.No.5-20 Mangalam Poultry Farm -2, Karakambadi Road, Mangalam Tirupati Urban Mandal, at the instance of the unofficial respondents No. 4 to 15 who are nothing to do with the subject property by attacking on us on 09-03-2020 at 5-30 am and the case was registered against the some of them in Crime No.79 of 2020 dt.09-03-2020 for an offence under Sec. 427, 323, R/w sec. 34 of IPC basing on the complaint written by the writer of the 3rd respondent station by obtaining my signature on the white paper as wholly arbitrary, illegal, without jurisdiction and void and violated the principles of natural justice and affected their rights guaranteed under article 14, 19(1)(g), 21 and 300(A) of the Constitution of India and consequently, direct the respondents herein not to interfere in their residential house bearing NO.5-10 situated at Mangalam Poultry Farm No.2, Karakambadi road, Mangalam, Tirupati Urban Mandal, Chittoor District at the instance of the unofficial respondents 4 to 15 herein and pass IA NO: 1 OF 2020 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 3rd respondent herein not to interfere in the petitioners residential house bearing H.NO.5-10, situated at Mangalam Poultry Farm No.2, Mangalam, Karakambadi road, Tirupati Urban Mandal, Chittoor District at the instance of the unofficial respondents No.4 to 15 herein who are nothing to do with the said property pending disposal of writ petition Counsel for the Petitioner(S): 1. V ESWARAIAH CHOWDARY Counsel for the Respondent(S): 1. GP FOR HOME 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 10800/2020 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue a writ in the nature of a writ of mandamus or any other appropriate writ, direction, order or orders declaring the action of the respondent No.3 herein in continuously interfering in petitioners' residential property bearing H.No.5-20 Mangalam Poultry Farm -2, Karakambadi Road, Mangalam Tirupati Urban Mandal, at the instance of the unofficial respondent Nos. 4 to 15 who are nothing to do with the subject property by attacking on us on 09-03-2020 at 5-30 am and the case was registered against the some of them in Crime No.79 of 2020 dt.09-03-2020 for an offence under Sec. 427, 323, R/w sec. 34 of IPC basing on the complaint written by the writer of the 3rd respondent station by obtaining my signature on the white paper as wholly arbitrary, illegal, without jurisdiction and void and violated the principles of natural justice and affected their rights guaranteed under article 14, 19(1)(g), 21 and 300(A) of the Constitution of India and consequently, direct the respondents herein not to interfere in their residential house bearing No.5-10 situated at Mangalam Poultry Farm No.2, Karakambadi road, Mangalam, Tirupati Urban Mandal, Chittoor District at the instance of the unofficial respondents 4 to 15 herein and pass…” 2. When the matter was taken up for hearing, learned counsel for the petitioners would submit that the petition may be disposed of, since the relief has become infructuous. 3. Sri V. Farooq, learned Assistant Government Pleader for Home is in attendance. 4. Recording the above said submission, the Writ Petition is dismissed, since the relief has become infructuous. No order as to costs. 5 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 05.08.2025 UPS 6 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.10800 of 2020 Dated.05.08.2025 UPS 67