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2025 DAILYLAW 27042 (AP)

KAMARSI SRINIVASARAO v. THE STATE OF ANDHRA PRADESH

WP/19639/2025 · 2025-07-30

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010382952025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 19639 OF 2025 Between: Kamarsi Srinivasarao, S/o. Ramappadu, aged about 45 years, R/o. 4-12/A, Kamarsipeta Village, Allinagaram Gram Panchayat, Etcherla Mandal, Srikakulam District, Andhra Pradesh. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Andhra Pradesh Secretariat, Velagapudi, Amaravathi. 2. The Director General of Police, Police Headquarters, Andhra Pradesh, Mangalagiri, Guntur District. 3. The Superintendent of Police, Srikakulam District. 4. The Station House Officer, Etcherla p.s., Srikakulam District, Andhra Pradesh. ...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 a Writ of Mandamus or any other appropriate writ, order, or direction declaring that the action of Respondent No. 4 in interfering with the peaceful Possession and enjoyment of the petitioner's land situated in Sy.Nos.162/23 162/24, 162/25, 162/26, and 162/27 of Chilakapalem Revenue f Village, Allinagaram, Etcherla Mandal, Srikakulam District, is illegal, arbitrary, and without jurisdiction and consequently direct Respondent No. 4 to forthwith refrain from indulging in any such illegal activity or collusion that disturbs the civil rights of the petitioner, and further direct Respondent4 not to interfere in what is purely a civil dispute and to act strictly in accordance with law 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 to direct the respondent No.4 to not to interfere in Sy. Nos. 162/23, 162/24, 162/25, 162/26, and 162/27 of Chilakapalem Revenue Village, Allinagaram, Etcherla Mandal, Srikakulam District pending disposal of the above writ petition Counsel for the Petitioner: SRI M SAPTHAGIRI Counsel for the Respondents No.1 to 4: GP FOR HOME The Court made the following order: APHC010382952025 IN THE HIGH COURT OF ANDHRA PFIADESH AT AMARAVATI (Special Original Jurisdiction] [3396] m THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 19639/2025 Between: 1.KAMARSI SRINIVASARAO, S/0. RAMAPPADU, AGED ABOUT 45 YEARS GRAM PANCHAYAT, DISTRICT, ANDHRA PRADESH. R/0. 4-12/A, KAMARSIPETA VILLAGE. ALLINAGARAM ETCHERLA MANDAL, SRIKAKULAM ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL HOME DEPARTMENT, ANDHRA PRADESH SECRETARY, SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2.THE DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT. 3.THE SUPERTENEANT OF POLICE, SRIKAKULAM DISTRICT. 4.THE STATION HOUSE OFFICER, ETCHERLA P.S., DISTRICT, ANDHRA PRADESH. SRIKAKULAM ...RESPONDENT(S): Counsel for the Petitioner: I.M. SAPTHAGIRI 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 of Mandamus or any other appropriate writ order or direction declaring that the action of Respondent No. 4 in interfering with the peaceful Possession and enjoyment of the petitioners land situated In Sy Nos. 162/23 162/24 162/25 162/26 and 162/27 of Chilakapalem Revenue Village Allinagaram Etcherla Mandal Srikakulam District Is illegal arbitrary and without jurisdiction and consequently direct Respondent No. 4 to forthwith refrain from Indulging in any such illegal activity or collusion that disturbs the civil rights of the // 2 petitioner and further direct Respondent.4 not to interfere in what is purely a civil dispute and to act strictly In accordance with law" 2. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Home. Learned Assistant Government Pleader for Home, instructions, would submit that there are civil disputes between the parties and the Police are not interfering with the civil disputes. Hence, the petition may be disposed of. For ready reference, the written instructions are extracted hereunder; “The dispute, if any, concerning the land appears to be purely civil in nature pertaining to matters of title or possession, which fall under the jurisdiction of civil courts. Respondent No. 4, as a police officer, has no role in such disputes unless a cognizable offence is reported or a law-and-order Issue arises, neither of which has occurred in this case. ” 3. on written 4. 5. Learned counsel for the Petitioner would submit that the court appropriate orders. Considering the submissions made, the Writ f-'etition is disposed of. However, the police are directed not to interfere with the civil disputes pending between both the parties. There shall be no order as to costs. may pass 6. As a sequel thereto, miscellaneous petitions, if any, pending shall stand Sd/- G. HELA NAIDU assistant registrar closed. //true copy// SECTION OFFICER To, Principal Secretary, State of Andhra Pradesh, Home Department, Secretariat, Velagapudi, Amaravathi. General of Police, Police Headquarters, Andhra Pradesh 1. The Andhra Pradesh 2. The Director Mangalagiri, Guntur District. 3. The Superintendent of Police, Srikakulam District 4. The Station House Officer, Etcherla Pradesh. 5. One CC to SRI M SAPTHAGIRI Advocate [OPUC] 6. Two CCs to GP FOR HOME High Court of Andhra 7. Two CD Copies p.s., Srikakulam District, Andhra Pradesh [OUT] gsg HIGH COURT DATED: 31/07/2025 ORDER WP NO. 19639 OF 2025 DISPOSING THE WP WITHOUT COSTS