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2025 DAILYLAW 24864 (AP)

KARANAM DEVUDAMMA v. THE STATE OF ANDHRA PRADESH

WP/17802/2025 · 2025-07-16

Venkata Jyothirmai Pratapa

body2025

Judgment text

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%h ! APHC010351002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 4. .4'' L t V>' s ■'l V.( l"t* % ^ O i'i' 1 •L« :! r •< t- % \ THURSDAY,THE SEVENTEENTH DAY OF JULyI' TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 17802 OF 2025 ? /# V- a. V Between: Karanam Devudamma, wife of Late Simhachalam, aged 64 housewife, R/o D.No. 5-1-22, Kaputunglam, BHPV Post, Ward No. Pedagantyada, Visakhapatnam - 530012. years. 59, ...Petitioner AND 1. The State Of Andhra Pradesh rep by its Principal Secretary Home Department, Secretariat, Velagapudi, Guntur District, Amaravathi. j 2. The Commissioner of Police, Visakhapatnam. 3. The Station House Officer, Gajuwaka Police Station Visakhapatnam. Gajuwaka, 4. Kaki Govinda Reddy, S/o late Kuncha Rao aged about 54 years, OccCorporator, R/o D.no. 5-16-60/1, Thungalam Village, Visakhapantam-530012. ) BHPV, ...Respondents praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased Issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 3rd with the purely civil disputes of the petitioner relating Petition under Article 226 of the Constitution of India respondent in interfering to her vacant land f measuring Ac. 0.40 cents in Old S.No. 30/P, New S.No. 81/3, Patta No. 17, situated at Thungalam Village Gajuwaka Mandal, Visakhapatnam District, and the action of the 4th respondent in pressuring the petitioner to hand over possession of the said property despite the subsistence of an injunction against respondent No.4, as highly illegal, arbitrary, a colourable exercise of power, contrary to the law laid down by this Honble Court and the Honble Supreme Court, and violative of Articles 14, 19(1)(g), 21 and 300-A of the Constitution of India; Consequently, direct the 3rd respondent not to interfere with the petitioners peaceful possession and enjoyment of the said vacant land admeasuring Ac. 0.40 cents in Old S.No. 30/P, New S.No. 81/3, Patta No. 17, Thungalam Village, Gajuwaka Mandal Visakhapatnam District, or otherwise involve themselves in the civil disputes of the petitioner. lA 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 direct the 3rd respondent not to interfere with the petitioner’s peaceful possession and enjoyment of the said vacant land admeasuring Ac. 0.40 cents in Old S.No. 30/P, New S.No. 81/3, Patta No. 17, Thungalam Village, Gajuwaka Mandal, Visakhapatnam District, or otherwise involve themselves in the civil disputes of the petitioner; pending disposal of the above writ petition. Counsel for the Petitioner; PALLA BALL! ANIL KUMAR Counsel for the Respondent Nos.1 to 3: GP FOR HOME Counsel for the Respondent No.4: NONE APPEARED The Court made the following order: 1 APHC010351002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 17802/2025 [3396] ff Between; 1.KARANAM DEVUDAMMA, WIFE OF LATE SIMHACHALAM, AGED 64 YEARS, HOUSEWIFE, R/0 D.NO. 5-1-22, KAPUTUNGLAM, BHPV POST, WARD NO. 59, PEDAGANTYADA, VISAKHAPATNAM - 530012. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, AMARAVATHI. 2.THE COMMISSIONER OF POLICE, VISAKHAPATNAM. 3.THE STATION HOUSE OFFICER, GAJUWAKA POLICE STATION GAJUWAKA, VISAKHAPATNAM. 4.KAKI GOVINDA REDDY, S/0 LATE KUNCHA RAO, AGED ABOUT 54 YEARS, OCCCORPORATOR, R/0 D.NO. 5-16-60/1, THUNGALAM VILLAGE, BHPV, VISAKHAPANTAM-530012. ...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 Issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 3rd respondent in interfering with the purely civil disputes of the petitioner relating to her vacant land measuring Ac. 0.40 cents in Old S.No. 30/P, New S.No. 81/3, Patta No. 17, situated at Thungalam Village Gajuwaka Mandal, Visakhapatnam District, and the action of the 4th respondent in pressuring the petitioner to hand over possession of the said property despite the subsistence of an injunction against respondent No.4, as highly illegal, arbitrary, a colourable exercise of power, contrary to the law laid down by this Honble Court and the Honb e Supreme Court, and violative of Articles 14, 19(1)(g), 21 and 300-A of the Constitution of India Consequently, direct the 3rd respondent not to interfere with the petitioners peaceful possession and enjoyment of the said vacant land admeasuring Ac. 0.40 cents in Old S.No. 30/P, New S.No. 81/3, Patta No. 17, Thungalam Village, Gajuwaka Mandal Visakhapatnam District, or otherwise involve themselves in the civil disputes of the petitioner and to pass lA NO: 1 OF 2025 2 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 direct the 3rd respondent not to interfere with the petitioner’s peaceful possession and enjoyment of the said vacant land admeasuring Ac. 0.40 cents in Old S.No. 30/P, New S.No. 81/3, Patta No. 17, Thungalam Village, Gajuwaka Mandal, Visakhapatnam District, or otherwise involve themselves in the 26 civil disputes of the petitioner; pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1.PALLA BALU ANIL KUMAR Counsel for the Respondent(S): 1.GP FOR HOME The Court made the following ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “....a Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in interfering with the purely civil disputes of the petitioner relating to her vacant land measuring Ac. 0.40 cents in Old S.No.30/P New S.No.81/3 Patta No. 17 situated at Thungalam Village Gajuwaka Mandal Visakhapatnam District and the action of the 4th respondent in pressuring the petitioner to hand over possession of the said property despite the subsistence of an injunction against respondent No. 4 as highly illegal arbitrary a colourable exercise of power contrary to the law laid down by this Honble Court and the Honble Supreme Court and violative of Articles 14, 19(1 )(g), 21 and 300A of the Constitution of India Consequently direct the 3rd respondent not to interfere with the petitioners peaceful possession and enjoyment of the said vacant land admeasuring Ac.0.40 cents in Old S.No.30/P New S.No.81/3 Patta No. 17, Thungalam Village, Gajuwaka Mandal, Visakhapatnam District or otherwise Involve themselves in the civil disputes of the petitioner. ’’ Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Home. 2. Learned Assistant Government Pleader for Home, instructions, would submit that there are civil disputes between the parties and 3. on written the Police are not interfering with the civil disputes. Hence, the petition be disposed of. For ready reference, the written instructions are extracted hereunder: "It is submitted that, the matter is purely civil dispute. The Respondent police never interfere v\/ith the civil issues, unless there Is any specific direction from the Hon’ble Court.” Learned counsel for the Petitioner would submit that the court appropriate orders. 6. Considering the submissions made, the Writ Petition is disposed of. However, the Petitioner is at liberty to work out her remedies before appropriate forum in accordance with law. There shall be no order as to costs. may r 4. 5. may pass As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. Sd/- U. 3R5DEV5 assistant registrar //TRUE COPY// SECTIoiJoFFICER To, 1. The Principal Secretary, Home Department, Secretariat, Velagapudi Guntur District, Amaravathi. 2. The Commissioner of Police, Visakhapatnam. 3. The Station House Officer, Gajuwaka Police Station Visakhapatnam. 4. One CC to Sri. Palla Balu Anil Kumar, Advocate [OPUC] 5. Two CCs to GP For Home, High Court of Andhra Pradesh [OUT] 6. Two CD Copies. Gajuwaka, AL HIGH COURT DATED;17/07/2025 I 03 SEP 2025 I Current Section . ^ ORDER WP NO. 17802 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS