APHC010284852020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18819/2020 Between: 1. VINAYAKA STONE CRUSHING INDUSTRY, S/O. A. RAM REDDY AGE. 38 YEARS HAVING ITS INDUSTRY AND OFFICE AT SY.NO. 262, MADAPUR VILLAGE, THURAKPALLIMANDAL, YADADRI - BHONGIR DISTRICT, TELANGANA STATE, REP. BY ITS PARNTER, AGAMATIVIKRAM REDDY, S/O AGAMATI RAM REDDY, AGED 38 YEARS, R/O H.NO.2-2-20/L/7, FLAT NO. 501, RAJA RAJESWARI GOLDENTOWERS-2, D.D. COLONY, BAGH AMBERPET, HYDERABAD. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, KURNOOL DISTRICT, KURNOOL. 3. THE MANDAL EXECUTIVE MAGISTRATE, AND TAHSILDAR, BANAGANAPALLIMANDAL, KURNOOL DISTRICT. 4. THE SUBINSPECTOR OF POLICE, BANAGANAPALLI POLICE STATION, KURNOOL DISTRICT. 5. M/S JRC KCVR PROJECTS, A REGISTERED PARTNERSHIP FIRM, REP. BY ITS MANAGING PARTNER HAVING REGISTERED OFFICE AT H.NO. 10-96, GURU REDDY COLONY, NEAR OLD BUS STAND, BANAGANAPALLI, KURNOOL DISTRICT. 2 6. KARNATI SANJANA, W/O PRATHAP REDDY, AGED 26 YEARS, R/O H.NO. 6-3-1099/1/2/3/A/301/C, PEARL CREEK APARTMENTS, NEAR KATHRIYA HOTEL, SOMAJIGUDA, HYDERABAD, TELANGANA STATE. 7. KARNATI VENKATA JAGANMOHAN REDDY, S/O CHINNAVENKATA REDDY, AGED 49 YEARS, R/O H.NO. 6-3-1099/1/2/3/A/301/C, PEARL CREEK APARTMENTS, NEAR KATHRIYA HOTEL, SOMAJIGUDA, HYDERABAD, TELANGANA STATE. 8. VENKATESWARA REDDY, S/O CHINNAVENKATA REDDY, AGED 52 YEARS, R/O MITTAPALLI VILLAGER, BANAGANAPALLIMANDAL, KURNOOL DISTRICT. ...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 topleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Certiorari calling for records relating to and leading up to proceedings in Mc.C.344/2020 dt. 07-10-2020 issued by the 3rd respondents and set aside the same while making it clear that neither the Police nor Tahsildar can interfere when the courts are already seized of the mater and 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 permit the Petitioner to lift the plant and machinery purchased by the Petitioner with aid of the Police concerned and pass such other order or further orders IA NO: 2 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 suspend the operation of the proceedings issued by the 3rd respondent in Mc.C.344/2020 dt. 07-10-2020 under Sec. 145 Cr.P.C. pending disposal of the Writ Petition and pass such other order or further IA NO: 3 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 3 Pleased to permit the petitioner to implead the proposed respondent No. 9 i.e., Bellam Srinivasa Reddy, S/o B. Subba Reddy, aged 50 years, R/o H.No. 1- 316-8/3, B.C. Colony, Banaganapalle Town & Mandal, Kurnool District, as respondent No. 9 in W.P.No. 18819 of 2020 and in all miscellaneous petition and pass IA NO: 1 OF 2021 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 vacate the interim orders granted on 19-10-2020 in IA.No.2/2020 in WP.No.18819/2020 and dismiss the writ petition and pass such Counsel for the Petitioner: 1. K S MURTHY Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE 3. M R S SRINIVAS 4 The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “....to issue a Writ, Order or direction more particularly one in the nature of Writ of Certiorari calling for records relating to and leading up to proceedings in Mc.C.344/2020 dt. 07-10-2020 issued by the 3rd respondents and set aside the same while making it clear that neither the Police nor Tahsildar can interfere when the courts are already seized of the mater and…..” 2. Heard learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home 3. Learned Assistant Government Pleader for Home, would submit that in the light of the interim orders dated 19.10.2020, no further orders are required to be passed in this matter. 4. For ready reference it is beneficial to extract the relevant portion of the interim order dated 19.10.2020 herein under: “…Therefore, in view of the aforesaid Civil Court’s order, granting ad-interim injunction in favour of the petitioner in respect of the property in question, the impugned order of respondent No.3, dated 07.10.2020 is suspended, till the next date of hearing…” 5. Sri M.R.S. Srinivas, learned counsel for the respondent No.5 is in attendance. 6. Considering the submissions made, this writ petition is disposed of. However, the petitioner is at liberty to work out their remedies before the competent civil Court where the civil suit is pending. There shall be no order as to costs. 5 As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 19.08.2025 MH 6 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA 48 W.P.No.18819 of 2020 Dt.19.08.2025 MH