APHC010338592020 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. Katthi Venkatesh,, S/o. Budda Ramudu Age 45 year,Occ Agriculture, R/o.Ch.Yerragudi Village, Krishnagiri Mandal, Kurnool District 1. State of Andhra Pradesh, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District,Rep by its Prinicpal Secretary. 2. The Collector, ,Kurnool District 3. Thasildhar, Krishnagiri Mandal Kurnool District. 4. SubInspector of Police, Krishnagiri Police Station, Kurnool District. 5. Katthi Somakka, W/o.Katti Ramudu Age Yerragudi Village, Krishnagiri Mandal, Kurnool District 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 pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the 3rd respondent passing orders in M.C.No.47/2020 Dt.08.07.2020 as illegal, arbitrary, against principles of 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: 22449 OF 2020 1. Katthi Venkatesh,, S/o. Budda Ramudu Age 45 year,Occ Agriculture, R/o.Ch.Yerragudi Village, Krishnagiri Mandal, Kurnool District ...Petitioner AND 1. State of Andhra Pradesh, Revenue Department, Secretariat, Velagapudi, avathi, Guntur District,Rep by its Prinicpal Secretary. 2. The Collector, ,Kurnool District 3. Thasildhar, Krishnagiri Mandal Kurnool District. 4. SubInspector of Police, Krishnagiri Police Station, Kurnool District. 5. Katthi Somakka, W/o.Katti Ramudu Aged about 43 years, R/o. Chenchu Yerragudi Village, Krishnagiri Mandal, Kurnool 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 of mandamus or any other appropriate writ or direction declaring the action of the 3rd respondent passing orders in M.C.No.47/2020 Dt.08.07.2020 as illegal, arbitrary, against principles of IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. Katthi Venkatesh,, S/o. Budda Ramudu Age 45 year,Occ Agriculture, ...Petitioner 1. State of Andhra Pradesh, Revenue Department, Secretariat, Velagapudi, 4. SubInspector of Police, Krishnagiri Police Station, Kurnool District. d about 43 years, R/o. Chenchu ...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 of mandamus or any other appropriate writ or direction declaring the action of the 3rd respondent passing orders in M.C.No.47/2020 Dt.08.07.2020 as illegal, arbitrary, against principles of natural justice and one without jurisdiction and violation of Art 300-A of Constitution of India and consequently set-aside the orders passed by the 3rd respondent in M.C.No.47/2020 Dt.08.07.2020 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 suspend the orders passed by the 3rd respondent in M.C.No.47/2020 C Dt.08.07.2020 and pass Counsel for the Petitioner: C SUBODH Counsel for the Respondents: GP FOR HOME Counsel for the Respondents:Y RATNA PRABHA The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 22449 OF 2020 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “....pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the 3rd respondent passing orders in M.C.No.47/2020 Dt.08.07.2020 as illegal, arbitrary, against principles of natural justice and one without jurisdiction and violation of Art 300-A of Constitution of India and consequently set- aside the orders passed by the 3rd respondent in M.C.No.47/2020 Dt.08.07.2020 and pass..” 2. Heard Sri C.Subodh, learned counsel for the petitioners and Sri Md.Farooq, learned Assistant Government Pleader for Home. 3. When the matter is taken up for hearing, Sri V.Farook, learned Assistant Government Pleader for Home, would submit that in the light of the interim orders dated 09.12.2020, no further orders are required to be passed in this matter. 4. For ready reference, the relevant portion of the interim order dated 09.12.2020, passed by this Court is extracted herein under: “The primary contention of the petitioners assailing the impugned order passed by the executive Magistrate under Section 145 Cr.P.C restraining both A-Party and B-Partyies from entering theland in question, is that the learned Magistrate has straight away passed the findal order without complying with the procedure contemplated under Seciton 145 (1) Cr.P.C and as such the impugned order is illegally unsustainable. A perusal of the impugned order indicates that the learned Magistrate did not follow the procedure contemplated under Section 145 (1) Cr.P.C while passing the impugned order. So the matter requires examination in the main writ petition after hearing both the parties to the writ petition. In the said facts and circumstances of the case, there shall be interim suspension of the impugned order.” 5. Considering the submissions made and in view of the interim order dated 09.12.2020, this writ petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. _________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:03.09.2025 KKV HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.22449 of 2020 Dt.03.09.2025 KKV