KANAKAMEDALA LAKSHMI v. THE STATE OF ANDHRA PRADESH
WP/19659/2025 · 2025-08-10
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26933 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26933 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
i APHC010380892025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) K MONDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 19659 OF 2025 Between: Kanakamedala Lakshmi, W/o Venkata Rajendra Prasad,aged about 54 years, R/at Door No.32-10-22/9,Venkateswara Colony, VS Enclave, Sheela Nagar, Visakhapatnam. ...Petitioner AND
1. The State of Andhra Pradesh, rep. by its Principal Secretary to Government, Home Department, Secretariat, Velagapudi, Arnaravati. 2. The Commissioner of Police, Visakhapatnam City Police, Visakhapatnam. 3. The Station House Officer, Duvvada L and O P.S,Visakhapatnam City Police, Visakhapatnam. 4. Assistant Commissioner of Police, Gajuwaka, Visakhapatnam City Police, Visakhapatnam. 5. Ganapathiraju Seetharama Varma, S/o Seetharama Raju, aged about 54 Years, R/at Door No.72-2-17/9, 1 Apartments, 6*^ Street, Babu Nagar, Godavari District. St Floor,fortune Paradise, Rajamahendravaram, East
6. Penumatsa Srinivasa Verma, S/o P.V.S.N. Raju, agedabout 39 r/at Door No.72-2-17/9, Floor, fortune Paradise, Street, Babu Nagar, Rajamahendravaram, East Godavari District. years th Apartments, 6
...Respondents Petition under Article 226 of the Constitution of India is filed praying that in^the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ or order or direction more particularly in the nature of Writ of Mandamus declaring the high handed action of the Respondents 3 and 4 in interfering with the Petitioner's life and property in respect of House site bearing Plot No. 16 to an extent of 300 Sq yards or 250.839 Sq Meters situated in Sy No.60/3, Patta No.144B of Kurmannapalem Village, Gajuwaka Mandal, Greater Visakhapatnam Municipal Corporation Limits, Visakhapatnam as illegal, arbitrary, violative of principles of natural justice and contrary to Articles 14, 21 and 300A of the Constitution of India and consequently direct the Respondents 3 and 4 not to interfere with the Petitioner's House site bearing Plot No. 16 to an extent of 300 Sq yards or 250.839 Sq Meters situated in Sy No.60/3, Patta No.144B of Kurmannapalem Village, Gajuwaka Mandal, Greater Visakhapatnam Municipal Corporation Limits, Visakhapatnam.
one lA NO: 1 OF 2Q2fi Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents 3 and 4 not to Petitioner’s House site bearing Plot No. 16 to 250.839 Sq Meters situated in Sy No.60/3, Patta No.144B of Kurmannapalem Village, Gajuwaka Mandal, Greater Visakhapatnam Municipal Corporation Limits, Visakhapatnam. Counsel for the Petitioner: SRI P RAJKUMAR Counsel for the Respondent No’s.1 to 4: GP FOR HOME Counsel for the Respondent No.5 & 6: — The Court made the following order: interfere with the an extent of 300 Sq yards or
1 APHC010380892025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] m 0 MONDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 19659/2025 Between:
1. KANAKAMEDALA LAKSHMI PRASAD,AGED W/0 VENKATA RAJENDRA ABOUT 54 YEARS, R/AT DOOR NO.32-10- 22/9,VENKATESWARA COLONY, VS ENCLAVE, SHEELA NAGAR, VISAKHAPATNAM ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT,HOME SECRETARIAT, VELAGAPUDI, ARNARAVATI. DEPARTMENT, 2.THE COMMISSIONER OF POLICE, VISAKHAPATNAM CITY POLICE VISAKHAPATNAM. 3. THE STATION HOUSE OFFICER, DUWADA L AND O P.S,VISAKHAPATNAM CITY POLICE, VISAKHAPATNAM. 4.ASSISTANT COMMISSIONER OF POLICE, VISAKHAPATNAM CITY POLICE, VISAKHAPATNAM. GAJUWAKA, 5.GANAPATHIRAJU SEETHARAMA VARMA, S/0 SEETHARAMA RAJU AGED ABOUT 54 YEARS R/AT DOOR NO.72-2-17/9, 1ST FLOOR,FORTUNE PARADISE, APARTMENTS, 6TH STREET, BABU NAGAR, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 6.PENUMATSA SRINIVASA VERMA, S/0 P.V.S.N. RAJU, AGEDABOUT
2 39 YEARS. PARADISE, RAJAMAH EN D RAVARAM R/AT DOOR NO.72-2-17/9 6TH street EAST GODAVARI DISTRIC FLOOR. FORTUNE BABU NAGAR apartments. ...RESPONDENT(S); Counsel for the Petitioner: 1.PRAJKUMAR Counsel for the Respondent{S):
1GP FOR HOME The Court made the following:
ORDER: This Writ Petition is filed under Article 226 of the following prayer for; Constitution of India with nature of Writ Particularly one in the the Respondents 3 and 4 t of ond property in Petitioners life extent of 300 Sq yars7 o 2sl 8!onT ^ 60/3 Patta No 144B Mandal Greater Visakhaoafnl^ Gajuwaka ondnTlTtifn'ie^^^^^ ^^o^spondZtsl Village Gajuwaka Mandal Kurmannapalem Corporation Limits Visakhapatnam’’ '^^^^^P^tnam Municipal Heard learned Government Pleader for Home.
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Learned counsel for the interfering in the civil respondents 5 and 6. an
2. counsel for the petitioner and the learned Assistant petitioner would submit that disputes pending between the police the petitioner and the are
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4. Learned Assistant Government Pleader for Home, on written instructions, would submit that a case has been registered against the petitioner in Crime No.348 of 2024 of Duvvada Police Station, for the offences punishable under Sections 329(3), 118(1), 324(4) and 351(2) read with 3(5) of BNS.
Learned counsel for the petitioner would submit that the petitioner has filed a petition seeking quashment of the proceedings against her in the said crime, which is currently pending before this Court. Learned counsel further
5. would submit that there are civil disputes between the parties and, therefore, an appropriate direction may be issued to the police not to interfere in the said civil disputes. It is also submitted that the subject property was delivered to the petitioner in E.P. No. 260 of 2015 in O.S. No. 150 of 2006. Learned counsel placed on record the proceedings in the execution petition, as per the orders dated 09.01.2018. The schedule property mentioned in the delivery warrant was delivered on 22.12.2017 with the aid of the police and a surveyor. The delivery was recorded, and the execution petition was closed on 09.01.2018.
6. That being the case, the petitioner subsequently obtained a permit from the Municipal Corporation for the construction of a house. When obstruction arose, the petitioner approached this Court by filing Writ Petition No. 40204 of 2022, wherein this Court passed an
order directing the police to take appropriate action whenever a specific complaint is filed by the petitioner. However, learned counsel for the petitioner submits that instead of providing such protection, the police are interfering in the civil disputes between the
4 parties. It is further submitted that the petitioner has been in possession and enjoyment of the property ever since its delivery through the Court.
7. Considering the submissions made, the police are
directed not to interfere in the civil disputes between the petitioner and unofficial respondents.
8. With the above direction, the 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.
Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary to Government, Home Department, State of Andhra Pradesh, Secretariat, Velagapudi, Arnaravati.
2. The Commissioner of Police Visakhapatnam. The Station House Officer, Duvvada L and O P.S,Visakhapatnam City Police, Visakhapatnam. The Assistant Commissioner of Police, Gajuwaka, Visakhapatnam City Police, Visakhapatnam.
One CC to SRI. P RAJKUMAR, Advocate [OPUC] Two CCs to GP FOR HOME, High Court of Andhra Pradesh [OUT] Three CD Copies Visakhapatnam City Police,
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7. PRK
HIGH COURT DATED:11/08/2025
ORDER WP NO. 19659 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS