Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 19374 (AP)

Kathula Nirmala Kumari v. The state of Andhra Pradesh

WP/17791/2020 · 2025-09-02

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010269792020 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION Between: 1. Kathula Nirmala Kumari, W/o. Lat Sundara Rao, Hindu Aged about 53 years, Occ House Wife R/o .H.No.8 District. 2. Thadepalli Deevanamma, W/o. Late Balaramaiah alias Baleramadu Hinud,Aged about 69 years,Occ House wife R/o. 5 Bapulapadu Mandal Krishna District 1. The state of Andhra Pradesh, Rep by its Principal Secretary Home Department, Secretariat Amaravathi, Andhra Pradesh. 2. The Superintendent of police, Krishna District, At Machilipatnam 3. The Sub Divisional Police Officer, Nuzvid, Krishna District 4. The Inspector of Police, Hanuman Junction, Krishna District 5. The Station House Officer, Hanuman Junction Police station Krishna District 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 17791 OF 2020 1. Kathula Nirmala Kumari, W/o. Lat Sundara Rao, Hindu Aged about 53 years, Occ House Wife R/o .H.No.8-92/4, Bapulapadu Village MandalKrishna 2. Thadepalli Deevanamma, W/o. Late Balaramaiah alias Baleramadu about 69 years,Occ House wife R/o. 5-57,veleru Village, Bapulapadu Mandal Krishna District ...Petitioners AND 1. The state of Andhra Pradesh, Rep by its Principal Secretary Home Department, Secretariat Amaravathi, Andhra Pradesh. olice, Krishna District, At Machilipatnam 3. The Sub Divisional Police Officer, Nuzvid, Krishna District 4. The Inspector of Police, Hanuman Junction, Krishna District 5. The Station House Officer, Hanuman Junction Police station Krishna IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. Kathula Nirmala Kumari, W/o. Lat Sundara Rao, Hindu Aged about 53 92/4, Bapulapadu Village MandalKrishna 2. Thadepalli Deevanamma, W/o. Late Balaramaiah alias Baleramadu 57,veleru Village, ...Petitioners 1. The state of Andhra Pradesh, Rep by its Principal Secretary Home 5. The Station House Officer, Hanuman Junction Police station Krishna 2 6. Sk Madina Basha, S/o. Father Name not known to petitioner Muslim, aged about 50 years, Occ Working as Sub-inspector of police,Hanuman Junction Police Station, Bapulapadu, Krishna District 7. Kathula Vineela, W/o. Kiran kumar Alias Abdul Khadar, Hindu, aged about 30years R/o. Veleru Village, Bapulapudu Mandal Krishna District. 8. Murududdi Salmon Raju, S/o. Yohan, Aged about 55 years, Hindu, Occ Cultivation R/o. Veleru Village, Bapulapadu Mandal Krishna 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 topleased to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 5 8 6 in calling the petitioner No.1 to the Hanuman Junction Police Station and insisting her that the petitioners shall settle the family disputes with the 7th respondent by transferring their properties to her as illegal, arbitrary, violation of principles of natural justice and violation of Articles 1486 21 of constitution of India and consequently direct the respondents No 1 to 6 not to interfere with the petitioners personal liberty and their day to day life and family disputes with 7th respondent 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 pleased to direct the respondents No 5 & 6 not to interfere with the petitioners personal liberty and their day to day life and not to insist the petitioners to settle the family disputes with 7th respondent by transferring their properties to her pending disposal of the writ petition and pass Counsel for the Petitioners: CH B R P SEKHAR Counsel for the Respondents: GP FOR HOME 3 The Court made the following order: 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 17791 OF 2020 ORDER: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of Respondents, particularly Respondent No. 6 and his subordinates at the instance of Respondent No. 8, in interfering with Petitioners personal liberty and insisting them to handover their agricultural landed property admeasuring Ac. 1.17 Cents (1/5th Shares each) covered by Sy. No.336 of Ravikampadu Revenue Village, Kamavarapukota Mandal of Eluru District, Erstwhile West Godavari District to the Respondent, as illegal, irregular, irrational, without any authority or sanction of law and violative of Articles 14, 21 and 300- Aof the Constitution of India and consequently direct the 8th Respondents particularly 6th Respondent and his subordinates not to interfere in any manner with Petitioners possession over their said property and pass …” 02. Heard Sri Ch.B.R.P.Sekhar, learned counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents. 02. Learned counsel for the petitioners submits that without there being any crime registered against the petitioners, the police are calling them to the police station and insisting them to settle the family disputes between the petitioners and the 7th respondents by transferring their properties. 5 03. Learned Assistant Government Pleader for Home submits that no crime has been registered against the petitioners as on date. 04. Considering the submissions, this petition is disposed of. However, the police are directed to follow the due process of law in the event of registration of any crime against the petitioners. Further, the police are directed not to call the petitioner to the police station or interfere in the family disputes of petitioners and the unofficial respondents in the absence of any crime registered against the petitioners. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 03.09.2025 KKV 6 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 17791 OF 2020 03.09.2025 KKV