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2025 DAILYLAW 22946 (AP)

KAKARLA VIJAYA LAKSHMI v. THE STATE OF ANDHRA PRADESH

WP/16540/2025 · 2025-07-06

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

t APHC010323872025 IN THE HIGH COURT OF ANDHRA PRAD AT AMARAVATI i (Special Original Jurisdiction) jg MONDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 16540 OF 2Q2fi Between: 1. Smt. Kakarla Vijaya Lakshmi, W/o. Kakarla years, Occ; Agriculture, R/o. Karutlapaili Village, Kuderu Mandal Ananthapuram District. 2. Smt. Kakarla Archana, W/o. V. Rajendra Aged 32 years, Occ; Agriculture, Nidimamaidi Mandal, Ananthapuram District Bhaskar Naidu, Aged 54 W/o. Kakarla Bhaskar Naidu, R/o. D.No.6-20, Buggapalli, ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Home, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District 2. The Superintendent of Police, Ananthapuram District, Ananthapuram 3, The Deputy Superintendent of Police, Guntakal, Ananthapur District. 4. The Circle Inspector of Police, Kuderu Police 5. Mr. Raju, S/o. not know to the | Inspector / Station House Officer, District. 6. Kakarla Raja Gopal, S/o. Late Kakarla r Karutlapalti Village, Kuderu Mandal, Ananthapuram Station, Ananthapur District, petitioner. Aged about 45 years. Circle Kuderu Police Station, Ananthapur Ramappa Aged 78 years, R/o. I 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 an appropriate Writ, Order, or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 4**^ respondent, in calling the petitioners to the Kuderu Police Station and threatening them not to use the Bandi Rastha’existing in the lands situated in between Sy.No.7 of Thimmapuram Village, Kuderu Mandal, Ananthapuram District, at the instance of the 6*^ respondent, as illegal, arbitrary, and violative of Articles 19 and 21 of the Constitution of the Constitution of India, consequently direct the 4*^ respondent, not to interfere with or threaten the petitioners by calling the petitioners to the Kuderu Police Station in relation to their usage of the Bandi Rastha existing in the lands situated in between Sy.No.7 of Thimmapuram Village, Kuderu Mandal, Ananthapuram District. 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 4**' respondent, not to interfere with or threaten the petitioners by calling the petitioners to the Kuderu Police Station in relation to their usage of the ‘Bandi Rastha’ existing in the lands situated in between Sy.No.7 of Thimmapuram Village, Kuderu Mandal, Ananthapuram District,, pending disposal of the main Writ Petition. Counsel for the Petitioners: SRI VENKATA RAMANA DUDDEMPUDI Counsel for the Respondent Nos.1 to 4 : GP FOR HOME Counsel for the Respondent Nos.5 & 6 : NONE APPEARED The Court made the following order: APHC010323872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 16540/2025 Between: 1.KAKARLA VIJAYA LAKSHMI, W/0. KAKARLA BHASKAR NAIDU AGED 54 YEARS, OCC AGRICULTURE R/0. KARUTLAPAILI VILLAGE, KUDERU MANUAL ANANTHAPURAM DISTRICT. 2.SMT. KAKARLA ARCHANA,, W/0. V. RAJENDRA, W/0. KAKARLA BHASKAR NAIDU, AGED 32 YEARS, OCC AGRICULTURE D.NO.6-20, ANANTHAPURAM DISTRICT R/0. BUGGAPALLI, NIDIMAMAIDI MANDAL, ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL DEPARTMENT OF HOME, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. SECRETARY, 2.THE SUPERINTENDENT OF POLICE, ANANTHAPURAM DISTRICT ANANTHAPURAM. 3.THE DEPUTY SUPERINTENDENT OF POLICE ANANTHAPUR DISTRICT. 4. THE CIRCLE INSPECTOR OF POLICE, KUDERU POLICE STATION ANANTHAPUR DISTRICT. 5. MR RAJU, S/O. NOT KNOW TO THE PETITIONER. AGED ABOUT 45 YEARS. CIRCLE INSPECTOR / STATION HOUSE OFFICER, KUDERU POLICE STATION, ANANTHAPUR DISTRICT. GUNTAKAL, 6. KAKARLA RAJA GOPAL, , S/O. LATE KAKARLA RAMAPPA AGED 78 KUDERU MANDAL, YEARS, R/0. KARUTLAPALLI VILLAGE ANANTHAPURAM DISTRICT. ...RESPONDENT(S): % Counsel for the Petitioner(S): 1. VENKATA RAMANA DUDDEMPUDI Counsel for the Respondent(S): 1.GP FOR HOME The Court made the following; 3 ORDER:- The learned counsel for the petitioners submits that respondent Nos.4 and 5, at the behest of the 6^*^ respondent are disturbing the peace of the petitioners and interfering in civil disputes pending between the petitionersand the 6^^ respondent. It is submitted that the 4^*^ respondent is repeatedly called the petitioners to the police station and threatening them not to use the ‘Bandi Rastha’ existing between the lands belonged to the petitioners and the respondent. It is further submitted that a civil suit is pending regarding the ‘Bandi Rastha’ between the petitioners and the 6'^ respondent. 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader appearing for the Home. 3. Considering the submissions, there shall be a direction to respondent Nos.4 and 5 not to disturb the peace of the petitioners and also not to interfere in the civil disputes relating to the ‘Bandi Rastha’ between the petitioners and the 6*^ respondent without following due process of law. 4. 5. Accordingly, this Writ Petition is disposed off. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- A VENUGOPALA RAO ASSISTANr^EGISTRAR //TRUE COPY// ^^ECTION OFFICER To, 1. The Principal Secretary, Department of Home, State of Andhra Pradesh, Secretariat Buildings, Velagapudi. Amaravathi, Guntur District. 2. The Superintendent of Police, Ananthapuram District, Ananthapuram. 3. The Deputy Superintendent of Police, Guntakal, Ananthapur District. 4. The Circle Inspector of Police, Kuderu Police Station, Ananthapur District. 5, One CC to Sri Venkata Ramana Duddempudi, Advocate [OPUC] 6. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT! 7. Two CD Copies Cnr (gsg) HIGH COURT DATED:07/07/2025 ORDER WP NO. 16540 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS