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2025 DAILYLAW 27657 (AP)

GUMMIDI ESWARI v. THE STATE OF AP

WP/20367/2025 · 2025-08-27

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

y APHC010392372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) oo THURSDAY, THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No: 20367 OF 2025 Between: 1. Gummidi Eswari. W/o Gummidi Ramadas, Aged: 43 years, Occ: Cultivation, R/o Main Street, Golla Kanchili Village, Kanchili Mandal, Srikakulam District. 2. Dubba Kesava Rao, S/o Dubba Bhaskara Rao Aged: 32 years, Occ: Cultivation, R/o Door No.4-51, Golla Kanchili Village, Kanchili Mandal, Srikakulam District. 3. Dubba Chilakamma, W/o Dubba Bhaskara Rao Aged:492 years, Occ: Cultivation, R/o Door No.4-51, Golla Kanchili Village, Kanchili Mandal, Srikakulam District. 4. Dubba Krishna Rao, S/o Late Dubba Chandraiah, Aged: 44 years, Occ: Cultivation, R/o Door No.5-145, Golla Kanchili Village, Kanchili Mandal, Srikakulam District. 5. Yalamanchi Mohana Rao, S/o Late Yalamanchi Dalayya Aged: 38 years, Occ: Cultivation, R/o Door No.5-46, Yalamanchiputtuga Village, Kaviti Mandal, Srikakulam District. 6. Pitta Dilli Rao, S/o Pitta Jaggayya, Aged: 47 years, Occ: Cultivation, R/o Door No.4-18, Golla Kanchili Village, Kanchili Mandal, Srikakulam District. Petitioners And 1. State of Andhra Pradesh Rep. by its Principal Secretary Home Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. Superintendent of Police, Srikakulam, Srikakulam District. 3. Inspector of Police, Sompeta Circle Police Station, Sompeta Town, Sompeta Mandal, Srikakulam District. 4. Station House Officer, Kanchili Police Station, Kanchili Mandal, Srikakulam District. 5. Kolli Vasu, S/o Late Appalaswamy, Aged' 44 years, Occ; Employee, R/o Door No; 5-68, Golla Kanchili Village Kanchili Mandal, Srikakulam District. 6 Kolli Jeevan Prasad, S/o Late Appalaswamy Aged; 40 years, Occ; Cultivation, R/o Door No; 5-68, Golla Kanchili Village, Kanchili Mandal, Srikakulam District. 7. Baddi Savithiri, D/o Late Appalaswamy, Aged; 51 years, Occ; Housewife, R/o Chotraipuram Village, Kanchili Mandal, Srikakulam District. 8. Kongarapu Dilleswari, D/o Late Appalaswamy, Aged; 47 years, Occ; Employee, R/o Golla Street, Gujarathipeta. Srikakulam Town, Srikakulam District. 9. Kolli Gunavathi, W/o Vasu, Aged; 30 years, Occ; Cultivation, R/o Door No; 5-68, Golla Kanchili Village, Kanchili Mandal, Srikakulam District. 10. Kolli Neelavani, W/o Jeevan Prasad Aged; 30 years, Occ; Cultivation R/o Door No; 5-68, Golla Kanchili Villag , Kanchili Mandal, Srikakulam District. 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 to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondent 3 and 4 in interfering with peaceful possession and enjoyment of petitioners respective house sites covered by Survey No.339/5 situated in Golla Kanchili SC Colony Road, Kanchili Village and Mandal, Srikakulam District and further interfering with civil disputes pending between the, petitioners 1 and 6 with the ♦ respondents 5 to 10 and insisting the petitioners 1 and 6 to settle the civil disputes with respondents 5 to 10 with respect to plaint schedule properties in O.S.No.28 of 2019 and O.S.No.129 of 2023 on the file of Learned Principal Junior Civil Judge at Sompeta, is illegal, arbitrary and without there being any authority of law, is illegal, arbitrary and without there being any authority of law as illegal, irregular, irrational, without jurisdiction and violative of Articles 14 and 21 of the Constitution of India and consequently direct the respondents 3 and 4 not to interfere in civil disputes pending between the petitioners 1 and 6 and respondents 5 to 10 and also not to interfere with petitioners personal liberty and possession and enjoyment of their respective house site properties. 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 Respondents 3 and 4 not to interfere with civil disputes pending between the petitioners 1 and 6 and the respondents 5 to 10 vide O.S.No.28 of 2019 and O.S.No.129 of 2023 on the file of Learned Principal Junior Civil Judge at Sompeta and also not to interfere with the petitioners’ personal liberty and not to interfere with peaceful possession and enjoyment of petitioners respective house site properties covered by Survey No.339/5 situated in Golla Kanchili SC Colony Road, Kanchili Village and Mandal, Srikakulam District, pending disposal of main Writ Petition. Counsel for the Petitioners: SRI SRINIVAS AMBATI Counsel for the Respondent Nos.1 to 4: SRI V.FAROOQ, ASST.GP FOR HOME Counsel for the Respondent Nos.5 to 10: The Court made the following order: p APHC010392372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 20367/2025 [3396] Betweeni 1 GUMMIDI ESWARI, W/0 GUMMIDI RAMADAS AGED43 YEARS, R/0 MAIN STREET, GOLLA KANCHILI OCC CULTIVATION, VILLAGE KANCHILI MANDAL, SRIKAKULAM DISTRICT. 2.DUBBA KESAVA RAO, S/0 DUBBA BHASKARA RAO AGED 32 YEARS, OCCCULTIVATION, R/0 DOOR NO.4-51, GOLLA KANCHILI VILLAGE, KANCHILI MANDAL, SRIKAKULAM DISTRICT. 3.DUBBA CHILAKAMMA, W/0 DUBBA BHASKARA RAO AGED492 YEARS, OCC CULTIVATION, R/0 DOOR NO.4-51, GOLLA KANCHILI VILLAGE KANCHILI MANDAL, SRIKAKULAM DISTRICT. 4 DUBBA KRISHNA RAO, S/0 LATE DUBBA CHANDRAIAH, AGED 44 R/0 DOOR NO.5-145, GOLLA YEARS, OCC CULTIVATION, KANCHILI VILLAGE, KANCHILI MANDAL, SRIKAKULAM DISTRICT. 5 YALAMANCHI MOHANA RAO, S/0 LATE YALAMANCHI DALAYYA, R/O DOOR NO.5-46, OCC CULTIVATION, AGE38 YEARS YALAMANCHIPUTTUGA VILLAGE, KAVITI MANDAL, SRIKAKULAM DISTRICT DILLl RAO, S/0 PITTA JAGGAYYA, AGED 47 YEARS, OCC R/O DOOR NO.4-18, GOLLA KANCHILI VILLAGE, ...PETITIONER(S) 6. PITTA CULTIVATION, KANCHILI MANDAL, SRIKAKULAM DISTRICT. AND 1 THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY HOME SECRETARIAT, VELAGAPUDI, AMARAVATI, DEPARTMENT 2. SUPERINTENDENT OF POLICE, SRIKAKULAM, SRIKAKULAM 3. INSPECTOR OF POLICE, SOMPETA CIRCLE POLICE STATON, SOMPETA TOWN, SOMPETA MANDAL, SRIKAKULAM DISTRICT. 4 STATION HOUSE OFFICER, KANCHILI POLICE STATION, KANCHILI MANDAL, SRIKAKULAM DISTRICT. 5 KOLLI VASU, S/0 LATE APPALASWAMY, AGED 44 YEARS, OCC DOOR NO 5-68, GOLLA KANCHILI VILLAGE, EMPLOYEE, R/O KANCHILI MANDAL, SRIKAKULAM DISTRICT. 6. KOLLI JEEVAN PRASAD, S/0 LATE APPALASWAMY YEARS, OCC CULTIVATION, AGED 40 R/0 DOOR NO 5-68, GOLLA KANCHILI VILLAGE, KANCHILI MANDAL, SRIKAKULAM DISTRICT BADDI SAVITHIRI, D/0 LATE APPALASWAMY AGED 51 YEARS OCC HOUSEWIFE, R/0 CHOTRAIPURAM VILLAGE KANCHIlI MANDAL, SRIKAKULAM DISTRICT. KONGARAPU DILLESWARI, D/0 LATE APPALASWAMY, AGED47 YEARS, OCC EMPLOYEE, R/0 GOLLA STREET, GUJARATHIPETA SRIKAKULAM TOWN, SRIKAKULAM DISTRICT. 9. KOLLI GUNAVATHI, W/0 VASU, AGED 30 YEARS, OCC CULTIVATION, R/0 DOOR NO 5-68, GOLLA KANCHILI VILLAGE KANCHILI MANDAL, SRIKAKULAM DISTRICT 10. KOLLI NEELAVANI, W/0 JEEVAN PRASAD, AGED 30 YEARS, OCC CULTIVATION, R/0 DOOR NO 5-68, GOLLA KANCHILI VILLAGE KANCHILI MANDAL, SRIKAKULAM DISTRICT. 7. 8. ...RESPONDENT(S): Counsel for the Petitioner(S): 1.SRINIVAS AMBATI 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 declaring the action of respondent 3 and 4 in interfering with peaceful possession and enjoyment of petitioners respective house sites covered by Survey No. 339/5 situated in Golla Kanchili SC Colony Road, Kanchlli Village and Mandal, Srikakulam District and further interfering with civil disputes pending between the petitioners 1 and 6 with the respondents 5 to 10 and insisting the petitioners 1 and 6 to settle the civil disputes with respondents 5 to 10 with respect to plaint schedule properties in O.S.No.28 of 2019 and O.S.No.129 of 2023 on the file of Learned Principal Junior Civil Judge at Sompeta, is illegal, arbitrary and without there being any authority of law, is illegal, arbitrary and without there being any authority of law as illegal, irregular, Irrational, without jurisdiction and violative of Articles 14 and 21 of the Constitution of India consequently direct the respondents 3 and 4 not to interfere In civil disputes pending between the petitioners 1 and 6 and respondents 5 to 10 and also not to Interfere with petitioners personal liberty and possession and enjoyment of their respective house site properties. ’’ and Sri Ambati Srinivas, learned counsel for the Petitioners would submit that Police are interfering with the civil disputes petting Petitioners and the unofficial Respondents. Sri V.Farooq, learned Assistant Government Pleader for Home, on written instructions, would submit that, in view of the directions issued by the Hon’ble Courts, Police have not interfered in the civil matter between the 2. between the 3. parties. Recording the same, the Writ Petition is disposed of directing the Police not to interfere in the civil disputes between the Petitioner and the unofficial 4. Respondents. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand Sd/- K TATA RAO DpPUTYREGiSTRAR closed. //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Home Department, State of Andhra Pradesh Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Superintendent of Police, Srikakulam, Srikakulam District. 3. The Inspector of Police, Sompeta Circle Police Station, Sompeta Town, Sompeta Mandal, Srikakulam District. 4. The Station House Officer, Kanchili Police Station, Kanchili Mandal, Srikakulam District. 5. Kolli Vasu, S/o. Late Appalaswamy, Aged 44 years, Occ: Employee, R/o.Door No.5-68, Golla Kanchili Village, Kanchili Mandal, Srikakulam District. 6. Kolli Jeevan Prasad, S/o. Late Appalaswamy, Aged 40 years, Occ: Cultivation, R/o. Door No. 5-68, Golla Kanchili Village, Kanchili Mandal, Srikakulam District. 7. Baddi Savithiri, D/o.Late Appalaswamy, Aged 51 years, Occ: Housewife, R/o.Chotraipuram Village, Kanchili Mandal, Srikakulam District. 8. Kongarapu Dilleswari, D/o.Late Appalaswamy, Aged47 years, Occ: Employee, R/o.Golla Street, Gujarathipeta, Srikakulam District. Srikakulam Town, 9. Kolli Gunavathi, W/o.Vasu, Aged 30 years, Occ: Cultivation, R/o. Door No 5-68, Golla Kanchili Village, Kanchili Mandal, Srikakulam District. Kolli Neelavani, W/o. Jeevan Prasad, Aged 30 years, Occ: Cultivation, R/o. Door No 5-68, Golla Kanchili Village, Kanchili Mandal, Srikakulam District. One CC to Sri Srinivas Ambati, Advocate [OPUC] Two CCs to GP for Home. High Court of Andhra Pradesh [OUT] Two CD Copies. 10. 11. 12. 13. ssb HIGH COURT DATED:28/08/2025 ORDER WP No.20367 OF 2025 t o SEP 2025 m Current: Section ★ to DISPOSING THE WRIT PETITION WITHOUT COSTS