APHC010384452020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 25658/2020 Between: 1. JATLA KONDA,, S/O LATE J. BAPI RAJU, AGED 41 YEARS, OCC- CULTIVATION, R/O NELLIPUDI VILLAGE 84 POST, GANGAVARAM MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, 2. THE DIRECTOR GENERAL OF POLICE, STATE OF ANDHRA PRADESH, POLICE HEADQUARTERS OFFICE, MANGALAGIRI, GUNTUR DISTRICT. 3. THE SUPERINTENDENT OF POLICE, EAST GODAVARI DISTRICT, KAKINADA. 4. THE STATION HOUSE OFFICER, GANGAVARAM POLICE STATION, GANGAVARAM, EAST GODAVARI DISTRICT. 5. JATLA VENKAYAMMA, W/O LATE CHINA KAMARAJU, OCC- AGRICULTURE, R/O NELLIPUDI VILLAGE AND POST, GANGAVARAM MANDAL, EAST GODAVARI DISTRICT. 6. NEMALA NARAYANA SWAMY, S/O. THATHAIAH, OCC- CULTIVATION, R/O NELLIPUDI VILLAGE AND POST, GANGAVARAM MANDAL, EAST GODAVARI DISTRICT. 2 7. NEMALA THATAIAH, , S/O KAMAIAH, OCC- CULTIVATION, R/O NELLIPUDI VILLAGE AND POST, GANGAVARAM MANDAL, EAST GODAVARI DISTRICT. 8. BOPPANA BOYINA BABU RAO, , S/O BOORAYYA, OCC- CULTIVATION, R/O NELLIPUDI VILLAGE AND POST, GANGAVARAM MANDAL, EAST GODAVARI 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 (a) declare the action of the respondents, particularly the respondent No.4 to evict the petitioner from his land to an extent of Ac.2.50 cents in Sy.No.263/ l and Ac.2.00 cents in Sy.No.250/1 situated in Nellipudi Village, Gangavaram Mandal, East Godavari District in colluding with the party respondents No.5 to 8, (b) declare the action of the 4th respondent in supporting the respondents No.5 to 8, who are trying to harvest the crop of the petitioner illegally without any right, lying in an extent of Ac.2.50 cents in Sy.No.263/1 and Ac.2.00 cents in Sy.No.250/1 situated in Nellipudi Village, Gangavaram Mandal, East Godavari District, (c) declare the action of the 4th respondent in interfering with the peaceful possession and enjoyment of the petitioner i.e. in Civil Dispute as illegal, arbitrary, improper, unjust, contrary to law and in violation of fundamental rights guaranteed under Article 14, 21 and 300-A of the Constitution of India and (d) consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioner over the land to an extent of Ac.2.50 cents in Sy.No.263/ 1 and Ac.2.00 cents in Sy.No.250/ 1 situated in Nellipudi Village, Gangavaram Mandal, East Godavari District and the crop, which is ripe for harvest and (e) pass IA NO: 1 OF 2020 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 respondents No,3 and 4 to protect the harvest of the petitioner from the hands of the party respondents No.5 to 8, lying in the petitioner's land in an extent of Ac.2.50 cents in Sy.No,263/1 and Ac.2.00 cents in Sy.No.250/ I situated in Nellipudi Village, Gangavaram Mandal, East Godavari District pending disposal of the writ petition and pass Counsel for the Petitioner: 3 1. NIMMAGADDA VIJAYA SANTHI Counsel for the Respondent(S): 1. GP FOR HOME 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 25658 of 2020 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus (a) declare the action of the respondents, particularly the respondent No.4 to evict the petitioner from his land to an extent of Ac.2.50 cents in Sy.No.263/ l and Ac.2.00 cents in Sy.No.250/1 situated in Nellipudi Village, Gangavaram Mandal, East Godavari District in colluding with the party respondents No.5 to 8, (b) declare the action of the 4th respondent in supporting the respondents Nos.5 to 8, who are trying to harvest the crop of the petitioner illegally without any right, lying in an extent of Ac.2.50 cents in Sy.No.263/1 and Ac.2.00 cents in Sy.No.250/1 situated in Nellipudi Village, Gangavaram Mandal, East Godavari District, (c) declare the action of the 4th respondent in interfering with the peaceful possession and enjoyment of the petitioner i.e. in Civil Dispute as illegal, arbitrary, improper, unjust, contrary to law and in violation of fundamental rights guaranteed under Article 14, 21 and 300-A of the Constitution of India and (d) consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioner over the land to an extent of Ac.2.50 cents in Sy.No.263/1 and Ac.2.00 cents in Sy.No.250/ 1 situated in Nellipudi Village, Gangavaram Mandal, East Godavari District and the crop, which is ripe for harvest and (e) pass…” 2. None represented for the petitioner. 3. When the matter was taken up for hearing, Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents, on receipt of written instructions, would submit that three crimes have been registered against the petitioner, vide Crime No.15 of 2018 under Sections 323, 324 r/w 34 of IPC dated 20.02.2018, charge sheet is filed in this matter which has been numbered as CC.No.72 of 2018 on the file of V Additional Judicial First 5 Class Magistrate, Rampachodavaram, Crime No.29 of 2019 under Sections 323, 447, 379 of IPC, 156 (3) of Cr.P.C., dated 15.03.2019 of Gangavaram Police Station. After completion of investigation, charge sheet was filed and it is numbered as C.C.No.181 of 2020 on the file of V Additional Judicial First Class Magistrate, Rampachodavaram and Crime No.130 of 2020 under Sections 447, 323, 354-B, 323 of IPC dated 19.12.2020 was registered against the petitioner of Gangavaram Police Station. 4. Recording the same, the Writ petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 12.08.2025. UPS 6 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.25658 of 2020 Dated.12.08.2025 UPS 26