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2025 DAILYLAW 20258 (AP)

DAMALA PEDDA PRAHALLADHUDU v. State of Andhra Pradesh

WP/14287/2025 · 2025-08-06

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010283912025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 14287 OF 2025 Between: 1. Damala Pedda Prahalladhudu, aged 53 years, S/o. Damalachinna Pamuleti, H.No.5-17B, SC Colony, Thimmapuram, Mahanandi, Nandyal District. 2. Damala Chinna Narasimhudu, aged 41 years, S/o. Damala Chinna Pamuleti, H.No.5-170, Thimmapuram, Mahanandi, Nandyal District. 3. Damala Chinna Prahaladudu, aged 50 years, S/o. Damala Chinna Pamuleti, H.No.5-13A, Thimmapuram, Mahanandi, Nandyal District. ...Petitioners AND 1. State of Andhra Pradesh, Rep. by its Principal Secretary to Home Department, Secretariat, Velagapudi, Guntur District. 2. The Superintendent of Police, Nandyal, Nandyal District. 3. The Deputy Superintendent of Police, Nandyal, Nandyal District. 4. The Station House Officer, Mahanandi Police Station, Nandyal 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 a writ or order or direction more particularlyone in the nature of Writ of Mandamus declaring the action of the respondents in opening and maintaining the Rowdy sheets, being rowdy sheets nos. 45, 47 and 56 'a 4 against the petitioners as illegal, arbitrary, unconstitutional, without authority of law, violative of Andhra Pradesh Police Standing Orders and violative of articles 14 and 21 of the Indian Constitution and Consequently quash the rowdy sheets nos. 46, 47 and 56 opened against the petitioners on the file of the Mahanandi Police Station, Nandyal District and direct the respondents not to interfere with the petitioners liberty in any manner in the interest of justice. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents not to interfere with the Petitioners life and liberty including calling to the Police station repeatedly without any Notice, pending disposal of the writ petition. Counsel for the Petitioners: SRI THATHIREDDY ASHOK SRIVASTAVA Counsel for the Respondents: GP FOR HOME The Court made the following order: APHC010283912025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No.14287/2025 [3396] Between: 1 DAMALA PEDDA PRAHALLADHUDU, AGED 53 YEARS, SC COLONY, S/0. H.N0.5-17B, THIMMAPURAM, MAHANANDI, NANDYAL DISTRICT. 2 DAMALA CHINNA NARASIMHUDU,, AGED 41 YEARS THIMMAPURAM DAMALACHINNA PAMULETI S/0. H.N0.5-17C DAMALA CHINNA PAMULETI MAHANANDI, NANDYAL DISTRICT. 3 DAMALA CHINNA PRAHALADUDU,, AGED 50 YEARS H.N0.5-13A, THIMMAPURAM S/0. DAMALA CHINNA PAMULETI MAHANANDI, NANDYAL DISTRICT. ...PETITIONER(S) AND 1.STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2.THE SUPERINTENDENT OF POLICE, NANDYAL DISTRICT 3.THE DEPUTY SUPERINTENDENT OF POLICE, NANDYAL, NANDYAL DISTRICT. 4.THE STATION HOUSE OFFICER, MAHANANDI POLICE STATION, NANDYAL DISTRICT. NANDYAL ...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 to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in opening and maintaining the Rowdy sheets, being rowdy sheets nos.46, 47 and 56 against the petitioners as illegal, arbitrary, unconstitutional, without authority of law, violative of Andhra Pradesh Police Standing Orders and violative of articles 14 and 21 of the Indian Constitution and Consequently quash the rowdy sheets nos. 46, 47 and 56 opened against the petitioners on the file of the Mahanandi Police Station, Nandyal District 2 and direct the respondents not to interfere any manner in the interest of justice and with the petitioners liberty in pass The Court made the following: ORDER: The instant Writ Petition this Court under Article 226 of the Constitution ^ ""c ^ direction more particularly one in onenim^a^nH^ Writ of Mandamus declaring the action of the respondents in an^se ’'O'^dy sheets nos.46, 47 f 1 Pf’^'t'^'^ers as illegal, arbitrary, unconstitutional, without authority of law yiolatiye of Andhra Pradesh Police Standing Orders and v,dat,ve of artdes H and 21 of the Indian Constitution and ConSquently o^the ''°h' T: =5ainst the petitioners on the file of the Mahanandi Police Station, Nandyal District and direct the respondents not to interfere with the petitioners liberty interest of justice and pass ...." 2. Learned counsel for the Petitioners would disputes between the parties and that day to day activities of the Petitioners under the and that the other accused filed WP No.20818 of 2024 of rowdy sheet against the said accused. This Court allowed the said writ petition and directed the rowdy sheets opened against the said accused, that this Court may pass appropriate orders. is filed by the Petitioners seeking indulgence of of India for the following relief: in any manner in the submit that there are civil respondent No.4 is interfering with the guise of opening rowdy sheet challenging the opening by Order dated 17.12.2024 respondent police to close the Learned counsel would submit 3. Learned Assistant Government Pleader respondent Police as per the contents of the for Home appearing for counter affidavit and on instructions would submit that this Writ Petition may be disposed of by passing appropriate orders. 4. In that view, this Writ Petition is allowed. The Proceedings dated 12.11.2010 passed by the Sub Divisional Police Officer, Nandyal, are hereby set aside. No order as to costs. Pending applications, if any, shall stand closed. Sd/-K TATA RAO deputy registrar h^FFlCER //TRUE COPY// SECTiO To, 1. The Principal Secretary to Home Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District. 2. The Superintendent of Police, Nandyal, Nandyal District. 3. The Deputy Superintendent of Police, Nandyal, Nandyal District. 4. The Station House Officer, Mahanandi Police Station, Nandyal District. 5. One CC to Sri Thathireddy Ashok Srivastava, Advocate [OPUC] 6. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 7. Two CD Copies Cnr high court DATED:07/08/2025 ORDER WP NO. 14287 OF 2025 ALLOWING THE W.P. WITHOUT COSTS