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2025 DAILYLAW 27038 (AP)

SRI GOLLA LAKSHMI v. THE STATE OF AP

WP/19865/2025 · 2025-07-31

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010383122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 19865/2025 Between: 1. SRI GOLLA LAKSHMI, W/O GOLLA CHINNA NARASANNA, AGED ABOUT 66 YEARS,R/O H. NO 2-44, GOLLA STREET, KADIVELLA VILLAGE AND POST, YEMMIGANUR MANDAL, KURNOOL DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, , REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, , KURNOOL DISTRICT, ANDHRA PRADESH. 3. THE CIRCLE INSPECTOR OF POLICE, YEMMIGANUR RURAL CIRCLE, KURNOOL DISTRICT. 4. THE SUBINSPECTOR OF POLICE, YEMMIGANUR RURAL POLICE STATION KURNOOL DISTRICT. 5. SRI SIDDAREDDYGARI HANUMANTHA REDDY, S/O. S. NARAYANA REDDY, AGED ABOUT 50 YEARS, R/O. KADIVELLA VILLAGE, YEMMIGANUR MANDAL, KURNOOL DISTRICT. 6. SIDDAREDDYGARI ANAND REDDY, , S/O. S. NARAYANA REDDY, AGED ABOUT 52 YEARS, R/O. KADIVELLA VILLAGE, YEMMIGANUR MANDAL, KURNOOL DISTRICT. 2 ...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 a WRIT OF MANDAMUS or any other appropriate writ, order, or direction declaring the action of the Respondent Nos. 3 and 4 herein in interfering with civil dispute between Petitioner and 5th and 6th respondents respectively with respect to the Petitioners land situated in Sy. No. 480-1 to an extent of Ac.2.00 cents of Kadivella Village, Yemmiganur Mandal, Kurnool District, A.P, without there being any sufficient cause and thereby forcing the Petitioner herein to settle the matter with 5th and 6th respondents under the threat of lodging false criminal cases, as illegal. arbitrary, without jurisdiction, besides violating Petitioners rights guaranteed under Article 14, 19(1)(g), 21 and 300A of the Constitution of India and consequently direct the Respondent Nos. 3 and 4 herein not to interfere with the civil disputes between Petitioner herein and 5th and 6th Respondent with respect to the petitioners property situated in Sy. No. 480-1 to an extent of c.2.00 cents of Kadivella Village, Yemmiganur Mandal, Kurnool District, A.P and pass IA 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 3rd Respondent not to interfere with the civil disputes had in between Petitioner herein and 5th and 6th Respondent with respect to the Petitioner's property situated in Sy. No. 480-1 to an extent of Ac.2.00 cents of Kadivella Village, Yemmiganur Mandal, Kurnool District, A.P and pass IA 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 pleased to direct the 3rd & 4th respondents not to call the Petitioner herein to the 3th Respondent Police Station for settling the Civil dispute between the Petitioner and the 4th & 5th respondents and pass Counsel for the Petitioner: 1. M K VISWANATH NAIDU Counsel for the Respondent(S): 3 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: …to issue a WRIT OF MANDAMUS or any other appropriate writ, order, or direction declaring the action of the Respondent Nos. 3 and 4 herein in interfering with civil dispute between Petitioner and 5th and 6th respondents respectively with respect to the Petitioners land situated in Sy. No. 480-1 to an extent of Ac.2.00 cents of Kadivella Village, Yemmiganur Mandal, Kurnool District, A.P, without there being any sufficient cause and thereby forcing the Petitioner herein to settle the matter with 5th and 6th respondents under the threat of lodging false criminal cases, as illegal. arbitrary, without jurisdiction, besides violating Petitioners rights guaranteed under Article 14, 19(1)(g), 21 and 300A of the Constitution of India and consequently direct the Respondent Nos. 3 and 4 herein not to interfere with the civil disputes between Petitioner herein and 5th and 6th Respondent with respect to the petitioners property situated in Sy. No. 480-1 to an extent of c.2.00 cents of Kadivella Village, Yemmiganur Mandal, Kurnool District, A.P and pass.…” 2. Heard Sri M.K.Viswanath Naidu, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioner would submit that the petitioner filed O.S. No. 44 of 2024 against respondent Nos. 5 and 6 and obtained an ad- interim injunction in I.A. No. 165 of 2024 dated 30.05.2025, which has been extended from time to time, and the said injunction is in force in favour of the petitioner. Learned counsel would further submit that the police are calling the petitioner to the police station and trying to settle the civil dispute between respondent Nos. 5 and 6. 4. Learned Assistant Government Pleader for Home would submit that the Court may pass appropriate orders. 5. In that view, this Writ Petition is disposed of. However the police are directed not to call the petitioner in absence of any crime registered against 4 him, since his presence is unwarranted. The police are further directed to follow due process according to law and do not involve in the civil matters. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Date: 01.08.2025 MH 5 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 103 WRIT PETITION NO: 19865/2025 Dt.01.08.2025 MH