"WJ ' I ■5 APHC010360292025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18039 OF 2025 Between: Gara Anitha, W/o. Nagaraju, Aged about 55 years, R/o. 19313 B Narlashettyvaripalem, Bapatia, Bapatia District, Andhra Pradesh R/o. ...Petitioner AND 1. The State of Andhra Pradesh, Rep., by its Principal Secretary, Home Department, Secretariat Buildings, Velagapudi, Amaravathi District. 2. The Superintendent of Police, Bapatia District, Bapatia. 3. The Dy Superindent of Police, Bapatia District, Bapatia. 4. The Station House Officer, Bapatia Town Police Station, Bapatia Town, Bapatia District. 5. The Sub Inspector, Bapatia Town Police Station, Bapatia Town, Bapatia District. 6. The District Collector, Bapatia District, Bapatia. 7. The Tahsildar, Bapatia Madnal, Bapatia District. 8. The Mandal Surveyor, BapatlaMandal, Bapatia District. 9. Pothamsetty Bhagyalakshmi, D/o. Pothamsetty Ram Mohan Rao, Aged 43 years, R/o. Narlashettyvaripalem Pradesh. Guntur Bapatia, Bapatia District, Andhra ...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 nature of Writ of Mandamus declaring the action of the respondents No. 4 and 5 in interfering with my rights over the land in an extent of Ac. 1.20 cents in Sy.No.412-5C,412-9,412- 10 and 412-11 of West Bapatia Village, Bapatia Mandal and District, at the instance of the respondents No.9 without adhering to the procedure known to law, as arbitrary, illegal, colorable exercise of power and contrary to the well- established legal principles apart from being violative of the fundamental and the Constitutional rights guaranteed to under Articles 14, 19, 21 and 300-A of the Constitution of India and and consequently direct Respondents 4 and 5 and their subordinates not to interfere with the petitioner's peaceful possession and enjoyment of the land admeasuring Ac.1.20 cents in Sy. Nos. 412-5C, 412-9, 412-10, and 412-11 of West Bapatia Village, Bapatia Mandal and District, at the instance of the unofficial respondent (Respondent No. 9). me 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 respondents No. 4 and 5 and his men to not to interfere with petitioner rights over the land in an extent of Ac. Sy.No.412-50,412-9,412-10 and 412-11 of West Bapatia Village, Bapatia Mandal and District,, pending disposal of the above Writ Petition. 1.20 cents in 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 appoint the Advocate Commissioner and perform the survey on the presence of advocate commissioner in the land in an extent of Ac.1.20 cents in Sy. N0.412-5C, 412-9, 412-10 and 412-11 of West Bapatia Village Mandal and District, pending disposal of the above Writ Petition. Bapatia Counsel for the Petitioner: SRI NAIDU SIVA RAMA KRISHNA Counsel for the Respondent Nos.1 to 5 : SRI V. FAROOK, _ , ^ ASST.GP FOR HOME Counsel for the Respondent Nos.6 to 8 : GP FOR REVENUE Counsel for the Respondent No.9 : NONE APPEARED The Court made the following order: APHC010360292025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY,THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18039/2025 Between: 1.GARA ANITHA, W/0. NAGARAJU, AGED ABOUT 55 YEARS, R/0. 19313 B, R/0. NARLASHETTYVARIPALEM, BAPATLA, BAPATLA DISTRICT, ANDHRA PRADESH ...PETITIONER AND 1.THE STATE OF AP, REP., BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS,T6T6T1 VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE SUPERINTENDENT OF POLICE BAPATLA. 3.THE DY SUPERINDENT OF POLICE, BAPATLA DISTRICT, BAPATLA. 4.THE STATION HOUSE OFFICER STATION, BAPATLA TOWN, BAPATLA DISTRICT. 5.THE SUB INSPECTOR, BAPATLA TOWN POLICE STATION, BAPATLA TOWN, BAPATLA DISTRICT. 6.THE DISTRICT COLLECTOR, BAPATLA DISTRICT, BAPATLA. 7.THE TAHSILDAR, BAPATLA MADNAL, BAPATLA DISTRICT. 8.THE MANDAL SURVEYOR, BAPATLAMANDAL, BAPATLA DISTRICT. D/0. POTHAMSETTY RAM MOHAN RAO. AGED 43 YEARS, R/0. NARLASHETTYVARIPALEM BAPATLA DISTRICT, BAPATLA TOWN POLICE 9. POTHAMSETTY BHAGYALAKSHMI 2 BAPATIA, BAPATIA 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 an appropriate Writ, Order or direction more particularly one in nature of Writ of Mandamus declaring the action of the respondents No. 4 and 5 in interfering with my rights over the land in an extent of Ac. 1.20 cents in Sy.No.412-5C,412-9,412- 10 and 412-11 of West Bapatia Village, Bapatia Mandal and District, at the instance of the respondents No.9 without adhering to the procedure known to law, as arbitrary, illegal, colorable exercise of power and contrary to the well- established legal principles apart from being violative of the fundamental and the Constitutional rights guaranteed to me under Articles 14, 19, 21 and 300-A of the Constitution of India and and consequently direct Respondents 4 and 5 and their subordinates not to interfere with the petitioner's peaceful possession and enjoyment of the land admeasuring Ac. 1.20 cents in Sy. Nos. 412-5C, 412-9, 412-10, and 412-11 of West Bapatia Village, Bapatia Mandal and District, at the instance of the unofficial respondent (Respondent No. 9) and pass 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 pleased to direct the respondents No. 4 and 5 and his men to not to interfere with petitioner rights over the land in an extent of Ac. 1.20 cents in Sy.No.412-50,412-9,412-10 and 412-11 of West Bapatia Village, Bapatia Mandal and District,, pending disposal of the above Writ Petition and pass lA NO: 2 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 Counsel for the Petitioner: 1. NAIDU SIVA RAMA KRISHNA Counsel for the Respondent(S): 1.GP FOR REVENUE 3 The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: ...to issue an appropriate Writ, Order or direction more particularly one in nature of Writ of Mandamus declaring the action of the respondents No. 4 and 5 in interfering with my rights over the land in an extent of Ac. 1.20 cents in Sy.No.412-50,412-9,412- 10 and 412-11 of West Bapatia Village, Bapatia Mandal and District, at the instance of the respondents No.9 without adhering to the procedure known to law, as arbitrary, illegal, colorable exercise of power and contrary to the well- established legal principles apart from being violative of the fundamental and the Constitutional rights guaranteed to under Articles 14, 19, 21 and 300-A of the Constitution of India and and consequently direct Respondents 4 and 5 and their subordinates not to interfere with the petitioner's peaceful possession and enjoyment of the land admeasuring Ac.1.20 cents in Sy. Nos. 412-5C, 412-9, 412-10, and 412-11 of West Bapatia Village, Bapatia Mandal and District, at the instance of the unofficial respondent (Respondent No. 9) and pass....” Heard Sri N.Sivarama Krishna, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home. Learned counsel for the petitioner would submit that when the civil dispute is pending between the parties, the police directed the Mandal Surveyor to conduct survey in this matter. Learned counsel would further submit that the civil suit is pending between the petitioner and some other parties not against the unofficial respondents. Learned Assistant Government Pleader for Revenue would submit that they have received requisition from the police and thereafter they came to know about the pendency of the civil suit between the parties, now they are not conducting the survey as requested by the police. me \ a 2. I 3. 4. 4 5. Learned Assistant Government Pleader for Home would submit that they have registered a crime against the petitioner in Cr.No.219 of 2025 under Section 324(4), 351(2) r/w. 3(5) BNS of Bapatia Town Police Station. 6. Learned counsel for the petitioner would submit recording the same, this writ petition may be disposed of giving liberty to the petitioner to work out his remedy according to law. 7. In that view, this writ petition is disposed of. However the petitioner is at liberty to work out his remedy before the appropriate forum. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Home Department, State of Andhra Pradesh Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Superintendent of Police, Bapatia District, Bapatia. 3. The Dy Superindent of Police, Bapatia District, Bapatia. 4. The Station House Officer, Bapatia Town Police Station, Bapatia Town, Bapatia District. 5. The Sub Inspector, Bapatia Town Police Station, District. Bapatia Town, Bapatia 6. The District Collector, Bapatia District, Bapatia. 7. The Tahsildar, Bapatia Madnal, Bapatia District. 8. The Mandal Surveyor, BapatlaMandal, Bapatia District. 9. One CC to Sri Naidu Siva Rama Krishna Advocate [OPUC] 10. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 11. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 12. Two CD Copies Cnr HIGH COURT DATED:18/07/2025 # ORDER WP NO. 18039 OF 2025 1 DISPOSING OF THE W.P. WITHOUT COSTS