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2025 DAILYLAW 1904 (AP)

BOYAPATI JYOTSNA v. THE STATE OF AP

WP/2332/2025 · 2026-05-06

Subhendu Samanta

body2025

Judgment text

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APHC010043652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3560] THURSDAY,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA WRIT PETITION NO: 2332/2025 Between: 1. BOYAPATI JYOTSNA, W/O. MALYADRI, AGED ABOUT 40 YEARS, R/O. CHOWTAPALEM VILLAGE PONNALUR MANDAL. PRAKASAM DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT FOR HOME, SECRETARIAT BUILDINGS VELAGAPUDI VILLAGE, THULLUR MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE SUPERINTENDENT OF POLICE, PRAKASAM DISTRICT AT ONGOLE. 3. THE STATION HOUSE OFFICER, PONNALUR POLICE STATION, PONNALUR MANDAL PRAKASAM DISTRICT, ANDHRA PRADESH. 4. NADIPINENI NARASIMHA RAO, S/O. KISTAIAH AGED ABOUT 64 YEARS, R/O. CHOWTAPALEM VILLAGE PONNALUR MANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH. 5. NADIPINENI KIRAN, S/O. NADIPINENI NARASIMHA RAO R/O. CHOWTAPALEM VILLAGE, PONNALUR MANDAL PRAKASAM DISTRICT, ANDHRA PRADESH. ...RESPONDENT(S): 2 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 topleased to issue a writ, order, or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of Respondent No.3 in interfering with in civil disputes between me and my mother on one hand and the respondents No.4 and 5 on the other hand inrespect of the land to an extent of Ac. 1.75 cents in Survey No. 75/1 and Ac. 1.60 cents in Survey No. 77/3 of Chowtapalem Village, Ponnalur Mandal, Prakasam District, is illegal, arbitrary, and violation of Articles 14, 21, and 300-A of the Constitution of India and consequently direct the Respondent No.3, not to interfere with our peaceful possession and enjoyment of the land to an extent Ac.1.75 cents situated in Survey No. 75/1 and Ac. 1.60 cents situated in Survey No. 77/3, Chowtapalem Village, Ponnalur Mandal, Prakasam District, and pass IA 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 pleased to direct the Respondent No.3, not to interfere with our peaceful possession and enjoyment of the land to an extent Ac. 1.75 cents situated in Survey No. 75/1 and Ac. 1.60 cents situated in Survey No.77/3, Chowtapalem Village, Ponnalur Mandal, Prakasam District, pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. MADHAVA RAO NALLURI Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: 3 THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA WRIT PETITION NO: 2332/2025 ORDER: The petitioner approached this Court seeking necessary directions to the police authorities not to disturb him by calling him to the police station, contending that the dispute is civil in nature. 2. Written instructions of the learned Assistant Government Pleader for Home are placed on record, wherefrom it appears that two crimes have been registered at the police station, out of which one is the main case and the other is the counter case. In connection with the said crimes, the petitioner was called to the police station. It is also submitted by the learned counsel for the petitioner that the petitioner is not cooperating with the investigating agency. 3. Taking note of the written instructions, it appears that since specific crimes have been registered, the police cannot be stalled from acting in accordance with law for the purpose of conducting investigation. 4. Accordingly, the Writ Petition is disposed of. There is no order as to costs. Consequently, pending miscellaneous applications, if any, shall stand closed. __________________________ JUSTICE SUBHENDU SAMANTA Dated:07.05.2026. SSA