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2025 DAILYLAW 28342 (AP)

PALLA RAMA KRISHNA v. THE STATE OF AP

WP/20733/2025 · 2025-08-05

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010403312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 20733/2025 Between: 1. PALLA RAMA KRISHNA, S/O. VENKATA SATYANARAYANA, AGED 54 YEARS, OCC CULTIVATION, R/O. D.NO.3-106, RAMALAYAM STREET, KOTANANDURU VILLAGE AND MANDAL KAKINADA DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DIRECTOR GENERAL OF POLICE, GOVERNMENT OF ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT. 3. THE SUPERINTENDENT OF POLICE, KAKINADA DISTRICT AT KAKINADA, ERSTWHILE EAST GODAVARI DISTRICT. 4. THE SUBDIVISIONAL POLICE OFFICER, PEDDAPURAM, KAKINADA DISTRICT AT KAKINADA, ERSTWHILE EAST GODAVARI DISTRICT. 5. THE INSPECTOR OF POLICE, TUNI, KAKINADA DISTRICT ERSTWHILE EAST GODAVARI DISTRICT. 6. THE STATION HOUSE OFFICER, KOTANANDURU MANDAL, KAKINADA DISTRICT, ERSTWHILE EAST GODAVARI DISTRICT. 7. THE TAHSILDAR, , KOTANANDURUN MANDAL, KAKINADA 2 DISTRICT, ERSTWHILE EAST GODAVARI DISTRICT. 8. T RAMAKRISHNA, , S/O. UNKNOWN, AGED ABOUT 35 YEARS, OCC WORKING AS SUB-INSPECTOR OF KOTANANDURU POLICE STATION, KOTANANDURU MANDAL, KAKINADA DISTRICT, ERSTWHILE EAST GODAVARI DISTRICT. 9. PALLA SRIRAMA SANJEEVA RAO, S/O. VENKATA CHELLA RAO, AGED 49 YEARS, OCC EMPLOYEE, R/O. 3-102, NEAR CHINA- RAMALAYAM, KOTANANDURU VILLAGE AND MANDAL, KAKINADA DISTRICT, ERSTWHILE 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 declaring the action of Respondents, particularly Respondent Nos 6 to 8 at instance of Respondent No. 9 in insisting petitioners to vacate from some portion of petitioners land to an extent of Ac. 0.67 Cents out of petitioners total extent admeasuring Ac.2.71 Cents comprising of Ac. 2.32 Cents, Ac. 0.39 Cents respectively covered by Sy. No's 284-1 and 284-3 of Kotananduru Village and Mandal, Kakinada (Erstwhile East Godavari) District, on the pretext of endorsement in Ref. C/45/2025, dated 19.05.2025 issued by the 7TH Respondent, despite suspension of said endorsements by this Honble Court vide Order dated 15.07.2025 passed in lA. No. 1 of 2025 in W.P.No. 17719 of 2025, as illegal, irregular, irrational, without any authority or sanction of law and violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the Respondents particularly Respondent Nos 6 to 8 not to interfere in any manner with his possession over his said property 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 to direct the Respondents, particularly Respondent No’s 6 to 8 not to interfere in any manner with petitioner’s peaceful possession over his agricultural landed property admeasuring Ac.2.71 Cents comprising of Ac. 2.32 Cents, Ac. 0.39 Cents respectively covered by Sy. No’s 284-1 and 284-3 of Kotananduru Village and Mandal, Kakinada (Erstwhile East Godavari) District, pending disposal of the main Writ Petition and pass 3 Counsel for the Petitioner: 1. PALA KARTHI KIRAN Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 20733 of 2025 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 declaring the action of Respondents, particularly Respondent Nos.6 to 8 at instance of Respondent No.9 in insisting petitioners to vacate from some portion of petitioners’ land to an extent of Ac. 0.67 Cents out of petitioners’ total extent admeasuring Ac.2.71 Cents comprising of Ac. 2.32 Cents, Ac. 0.39 Cents respectively covered by Sy.No's.284-1 and 284-3 of Kotananduru Village and Mandal, Kakinada (Erstwhile East Godavari) District, on the pretext of endorsement in Ref. C/45/2025, dated 19.05.2025 issued by the 7TH Respondent, despite suspension of said endorsements by this Honble Court vide Order dated 15.07.2025 passed in lA.No. 1 of 2025 in W.P.No.17719 of 2025, as illegal, irregular, irrational, without any authority or sanction of law and violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the Respondents particularly Respondent Nos.6 to 8 not to interfere in any manner with his possession over his said property and pass…” 2. When the matter is taken up for hearing, Sri V.Farooq, learned Assistant Government Pleader for Home, on written instructions, would submit that the respondent-police are not interfering in the civil disputes between the petitioner and the unofficial respondent No.9. 3. Sri Pala Karthi Kiran, learned counsel for the petitioner would submit that recording the same, the petition may be disposed of. 4. Recording the same, the Writ Petition is disposed of. No order as to costs. However, the Police are directed not to interfere in the civil disputes between the petitioner and the unofficial respondent No.9. 5 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 06.08.2025 UPS 6 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.20733 of 2025 Dated.06.08.2025 UPS 151