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2025 DAILYLAW 22813 (AP)

DWARAPUDI SIMHACHALAM v. THE STATE OF ANDHRA PRADESH

WP/16077/2025 · 2025-06-30

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010322302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 16077/2025 Between: 1. DWARAPUDI SIMHACHALAM, S/O. LATE SIVAJEE, OCC LECTURER, R/O. D. NO. 12-4/1-13, SATYA SAI MARG, RTC COMPLEX, ANKAPALLE, ANAKAPALLE DISTRICT, ANDHRA PRADESH. 2. SMT. VEDURUPARTHI DURGA MALLESWARI,, W/O. SREENIVASA RAO, D.NO. 2-117, SATYANARAYANAPURAM, NEAR RAMALAYAM, ANKAPALLE, ANAKAPALLE DISTRICT, ANDHRA PRADESH. 3. SMT. MUKKALA BHANUPRIYA,, W/O. SREENIVASA RAO, R/O. NELLIMARIA, VIZIANAGARAM DISTRICT, ANDHRA PRADESH. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, AP SECRETARIAT BUILDINGS, AT AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE SUPERINTENDENT OF POLICE, ANAKAPALLE, ANAKAPALLE DISTRICT, ANDHRA PRADESH. 3. THE CIRCLE INSPECTOR, ANAKAPALLE, ANAKAPALLE DISTRICT, ANDHRA PRADESH. 4. THE STATION HOUSE OFFICER, ANAKAPALLE TOWN POLICE STATION, ANAKAPALLE DISTRICT. ANDHRA PRADESH. 2 HN, J W.P.No.16077 of 2025 5. SMT DWARAPUDI LAKSHMI, W/O. LATE SIVAJEE, R/O. FLAT NO. G7, SMPP PALACE, RING ROAD, ANAKAPALLE, ANAKAPALLE DISTRICT, ANDHRA PRADESH. 6. SMT KATTOJU VENKATA NOOKA NAGA RATNAM, W/O. K. SREENIVASA RAO, R/O. FLAT NO. G7, SMPP PALACE, RING ROAD, ANAKAPALLE, ANAKAPALLE DISTRICT, ANDHRA PRADESH. ...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 Mandamus declaring the action of the respondents nos. 2 to 4 in interfering over the ongoing civil disputes and thereby dispossessing the petitioners from their subject property situated in Sy. No. 20/2, 43/1 admeasuring to an extent of 486 sq. yards situated in yeti Avakandam, Anakapalle Village, Taluk and District without having any authority without observing the pendency of the civil suit in O.S. No. 1 of 2024, on the file of Honhle Court of the X Addl. District Judge at Anakapalle thereby not allowing the petitioners to enter into the petitioners subject property as illegal and arbitrary and violation of Fundamental rights of the petitioner guaranteed in the Constitution of India and consequently direct the respondent authorities not to interfere with the peaceful possession of property by the petitioners situated in Sy. No. 20/2, 43/1 admeasuring to an extent of 486 sq. yards situated in yeti Avakandam, Anakapalle Village, Taluk and District without observing the pendency of the civil suit in O.S. No. 1 of 2024, on the file of Honble Court of the X Addl. District Judge at Anakapalle except by following due process of law 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 respondents nos. 2 to 4 not to interfere over the subject property i.e. Sy. No. 20/2, 43/1 admeasuring to an extent of 486 sq. yards situated in yeti Avakaindam, Anakapalle Village, Taluk and District during pendency of the civil suit in O.S. No. 1 of 2024, on the file of Honhle Court of the X Addl. District Judge at Anakapalle except by following due procedure established by the law and pass 3 HN, J W.P.No.16077 of 2025 Counsel for the Petitioner(S): 1. P NANILU NAIDU Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: 4 HN, J W.P.No.16077 of 2025 ORDER:- Learned counsel for the petitioners submitted that respondent Nos.3 and 4, acting at the behest of respondent Nos.5 and 6, are interfering with the civil disputes pending between the petitioners and respondent Nos.5 and 6. It is submitted that the disputes pending between the petitioners and respondent Nos.5 and 6 are the subject of OS.No.1 of 2024 on the file of the learned X Additional District Judge, Anakapalle. 2. Heard learned counsel for the petitioners; and learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 4. 3. Having considered the submissions, this Court directs respondent Nos.3 and 4 not to interfere with the civil disputes pending between the petitioners and respondent Nos.5 and 6 without following due process of law. 4. Accordingly, the present Writ Petition is disposed off. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N 1st July, 2025 cbn 5 HN, J W.P.No.16077 of 2025 22 HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION NO.16077 of 2025 1st July, 2025 CBN