APHC010367592018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 17122/2018 Between: 1. SAMA VIJAYAPRADA, W/O.SATYANARAYANA MURTHY, AGED ABOUT 69 YEARS, OCC. CULTIVATION, C/O.76-8/2-7/1, MANAVA MANDIR STREET, RHAVANIPURAM, VIJAYAWADA-520012. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 2. STATION HOUSE OFFICER, A. KONDURU POLICE STATION, A.KONDURU MANDAL, KRISHNA DISTRICT. 3. MANDAL EXECUTIVE MAGISTRATECUMTAHSILDAR, A.KONDURU MANDAL, KRISHNA DISTRICT. 4. BAGOTHU DUBA, S/O BHEEMA, AGED 30 YEARS, R/O. CHEEMALAPDU VILLAGE, PEDDATANDA POST, A. KONDURU MANDAL, KRISHNA DISTRICT. 5. JARPAALA MANGAMMA, W/O, BIJARI, AGED 45 YEARS, R/O. CHEEMALAPDU VILLAGE, PEDDATANDA POST, A. KONDURU MANDAL, KRISHNA DISTRICT. 6. BANAVATH JIVILI, W/O BHEEMA, AGED 50 YEARS, R/O. CHEEMALAPDU VILLAGE, PEDDATANDA POST, A. KONDURU MANDAL, KRISHNA DISTRICT. ...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 to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the proceedings in M.C.No.36/2017 issued by the 3rd respondent on a report submitted by the 2nd respondent, thereby initiating proceedings under section 145 of Code of Criminal Procedure, 1973 and consequential action of 3rd respondent in issuing notice dated 24.08.2017 and insisting the petitioner not to enter in her lands admeasuring Ac. 2.00 Cents in R.S No.145/1 and Ac.1.76 Cents in R.S.No.145/2 situated in Cheemalapadu Village, A. 2 Konduru Mandal, Krsihna District, as illegal, irregular, irrational, without jurisdiction, contrary to Interim Order dated 09.07.2008 in W.P.M.P No.18948/2008 in W.P No.14664 of 2008 passed by this Hon'ble Court, violative of the provisions of Code of Criminal Procedure, 1973 and offends Articles 14, 21 and 300-A 3f Constitution of India and consequently quash the same and pass Counsel for the Petitioner: 1. KOLLURI ARJUN CHOWDARY Counsel for the Respondent(S): 1. GP FOR HOME (AP) 2. GP FOR REVENUE (AP) 3. M M M SRINIVASA RAO The Court made the following: ORDER: The instant Writ Petition is filed by the Petitioner seeking indulgence of this Court under Article 226 of the Constitution of India for the following relief: “ ... to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the proceedings in M.C.No.36/2017 issued by the 3rd respondent on a report submitted by the 2nd respondent, thereby initiating proceedings under section 145 of Code of Criminal Procedure, 1973 and consequential action of 3rd respondent in issuing notice dated 24.08.2017 and insisting the petitioner not to enter in her lands admeasuring Ac. 2.00 Cents in R.S No.145/1 and Ac.1.76 Cents in R.S.No.145/2 situated in Cheemalapadu Village, A. Konduru Mandal, Krsihna District, as illegal, irregular, irrational, without jurisdiction, contrary to Interim Order dated 09.07.2008 in W.P.M.P No.18948/2008 in W.P No.14664 of 2008 passed by this Hon'ble Court, violative of the provisions of Code of Criminal Procedure, 1973 and offends Articles 14, 21 and 300-A 3f Constitution of India and consequently quash the same and pass ...” 2. Learned Assistant Government Pleader for Home, on oral instructions would submit that in the light of the interim order passed by this Court on 05.06.2018 in IA No.1 of 2018, respondent authorities did not proceed further in this matter and that this Writ Petition may be disposed of by passing appropriate orders. 3 3. Learned counsel for the Petitioner would submit that recording the said submission this Writ Petition may be disposed of. 4. In that view, this Writ Petition may be disposed of. The Notice issued by respondent No.3 in MC No.36 of 2017 is hereby set aside. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No. 17122 of 2018 17.07.2025 Mjl /*