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2025 DAILYLAW 28579 (AP)

Harijana Bandari Pedda Linganna, v. The State of Andhra Pradesh,

WP/20866/2025 · 2025-08-10

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010406832025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE ELEVENTH DAY OF AUGUST TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 20866 OF 2025 Between: 1. Harijana Bandar! Pedda Linganna, S/o Buddanna, Aged about 65 Years, R/o D.No.2 - 224, S.C. Colony, Gonegandia, Kurnur, Kurnool District. 2. P.Chandra Sekhar Reddy, S/o Lakshmi Reddy, Aged about 55 Years, R/o D.No.2 -12, Kapa Street, Gonegandia Kurnur, Kurnool District. 3. Harijana Jakraiah, S/o Buddanna, Aged about 45 Years. R/o 2 - 2233, S.C. Colony, Gonegandia Kurnur, Kurnool District. 4. Bainigeri Bhanu Pratap Reddy, S/o Bhaktavatsala Reddy, Aged about 42 Years R/o D.No.2 -13/1, Kapaveedhi, Kurnur, Kurnool District. 5. Boya Shiva Lingadu, S/o Boya Hanumanthu, Aged about 40 Years, R/o D.No.1 -42, Kurnur Viillage, Kurnool District. 6. Uppara Gokari, S/o Nagendra, Aged about 38 Years, R/o D.No.2 - 112, Uppara Street, Gonegandia, Kurnur PO, Kurnool District. 7. B.Rama Lingadu, S/o B.Sunkanna, Aged about 35 Years, R/o D.No.1 - 206, Kunnur Village, Gonengandla. 8. Bandari Rajesh, S/o Bandari Nadipi Linganna, Aged about 27 Years R/o D.No.2 - 222, Gonegandia, Kurnur, Kurnool District. 9. B.Sekhar, S/o Sreeramulu, Aged about 26 Years Paigeri, Kannur, Kurnool District. R/o D.No.1 -41 ...PETITIONERS AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Department of Home, Secretariat Building Velagapudi Guntur District, Amaravati, 2. The Director General of Police, Andhra Pradesh Police Mangalagiri, Guntur District. 3. Superintendent of Police, Kurnool District, Kurnool. 4. The C.l, Gonegandia Police Station Kurnool District. 5. The Station House Officer, Kodumur Police Station Head Quarters, Kurnool 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 pleased to issue a Writ more particularly Mandamus, may be one in the nature of Writ of i. Declaring the action of the Respondents herein, particularly the action of the Respondents herein. more more particularly the action of the Respondent No.4 herein in restraining the Petitioners from entering and cultivating the Properties belonging to them in Sy.Nos.42, 8, 34, 44, 411, 39, 53, 27, 29, 200, 348/1, 348/2, 349, 96, 1/2, 371/1 235 in Kurnur Village and Mandal, Kurnool District to an extent of Ac.36.16 Cents and in not permitting as being illegal, arbitrary, unjust, violative of Articles 14, 19(1)(g). 21 and 300A of the Constitution of India, ii. Consequently direct the Respondents herein the Petitioners from entering their village of Kurnur to not interfere with the over the Petition Subject - j therein and direct the entry of the Petitioners into possession and occupation of the Petitioners 1 Property and to not obstruct the further cultivation Respondents herein to not obstruct / restrain the Kurnur Village. lA NO: 1 OF 20^.4 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 herein to occupation of the Petitioners not interfere with the possession and over the Petition Subject Property and to not J to permit them to travel to their obstruct the further cultivation therein and Village of Kurnur. Counsel for the Petitioners: SRI VIVEKANANDA VIRUPAKSHA Counsel for the Respondent Nos.1 to 5: The Court made the following order: GP FOR HOME APHC010406832025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATi (Special Original Jurisdiction) MONDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 20866/2025 [3396] Between: 1.HARIJANA BANDARI PEDDA LINGANNA, S/O BUDDANNA, AGED ABOUT 65 YEARS, R/0 D.N0.2 - 224, S.C. COLONY, GONEGANDIA, KURNUR, KURNOOL DISTRICT. 2.P.CHANDRA SEKHAR REDDY, S/O LAKSHMI REDDY, AGED ABOUT 55 YEARS, R/0 D.N0.2 - 12, KAPA STREET, GONEGANDIA KURNUR, KURNOOL DISTRICT. 3.HARIJANA JAKRAIAH, S/O BUDDANNA, AGED ABOUT 45 YEARS, R/0 2 - 2233, S.C. COLONY, GONEGANDIA KURNUR, KURNOOL DISTRICT. 4.BAINIGERI BHANU PRATAP REDDY, S/O BHAKTAVATSALA REDDY, AGED ABOUT 42 YEARS R/0 D.N0.2 - 13/1, KAPAVEEDHi’ KURNUR, KURNOOL DISTRICT. 5.BOYA SHIVA LINGADU, S/O BOYA HANUMANTHU, AGED ABOUT 40 YEARS, R/0 D.N0.1 -42, KURNUR VIILLAGE, KURNOOL DISTRICT. 6.UPPARA GOKARI, S/O NAGENDRA, AGED ABOUT 38 YEARS, R/0 D.N0.2 - 112, UPPARA STREET, GONEGANDIA, KURNUR PO, KURNOOL DISTRICT. 7.B.RAMA LINGADU, S/O B.SUNKANNA, AGED ABOUT 35 YEARS, R/0 D.N0.1 -206, KUNNUR VILLAGE, GONENGANDLA. 8.BANDARI RAJESH, S/O BANDARI NADIPI LINGANNA, AGED ABOUT ' 27 YEARS R/0 D.N0.2 - 222, GONEGANDIA, KURNUR, KURNOOL DISTRICT. 9.B.SEKHAR, S/O SREERAMULU, AGED ABOUT 26 YEARS R/0 D.N0.1 -41, PAIGERI, KANNUR, KURNOOL DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME,SECRETARIAT BUILDING VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH POLICE HEAD QUARTERS MANGALAGIRI, GUNTUR DISTRICT. 3.SUPERINTENDENT OF POLICE, KURNOOL DISTRICT, KURNOOL. 4.THE C I, GONEGANDIA POLICE STATION KURNOOL DISTRICT. 2 5.THE STATION HOUSE OFFICER, KODUMUR POLICE KURNOOL DISTRICT. Counsel for the Petitioner(S): 1. VIVEKANANDA VIRUPAKSHA Counsel for the Respondent(S): 1.GP FOR HOME The Court made the following: ORDER: STATION, ...RESPONDENT(S): This Writ Petition is filed under Article 226 of Constitution of India the following prayer for; with a Writ of Mandamus, i. Declaring the action of the Respondents herein, more particularly the action of the Respondents herein, more particularly the action of the Respondent No. 4 herein in restraining the Petitioners from entering and cultivating the Properties belonging to them in Sy.Nos.42, 8, 34, 44, 411, 39, 53, 27, 29, 200 348/1 348/2, 349, 96, 1/2, 371/1, 235 in Kurnur Village and Mandal, Kurnool District to an extent of Ac.36.16 Cents and o , in not permitting the Petitioners from entering their village of Kurnur as being illegal, arbitrary, unjust, violative of Articles 14, 19(1)(g), 21 and 300A of the Constitution of India, ii. Conseguently direct the Respondents herein to not interfere with the possession and occupation of the Petitioners over the Petition Subject Property and to not obstruct the further cultivation therein and direct the Respondents herein to not obstruct / restrain the entry of the Petitioners into Kurnur Village.” 2. Sri Md.Farooq, learned Assistant Government Pleader for Home written instructions, would submit that the subject village is a Category-B village. It is further submitted that the Police never told the Petitioners not to come to their village. However, it is submitted that, law and order problem may arise if the Petitioners enter their village. Sri Vivekananda Virupaksha, learned counsel for the Petitioners would submit that, recording the same, the petition may be disposed of. , on 3. 3 4. Considering the submissions made, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. Sd/- Wl. SWNtVAS ASSISTANT^GISTRAR //TRUE COPY// To 1. The Principal Secretary, Department of Home, State of Andhra Pradesh, Secretariat Building Velagapudi, Amaravati, Guntur District. 2. The Director General of Police, Andhra Pradesh Police Head Quarters Mangalagiri, Guntur District. 3. Superintendent of Police, Kurnool District, Kurnool. 4. The C. I, Gonegandia Police Station Kurnool District. 5. The Station House Officer, Kodumur Police Station, Kurnool District. 6. One CC to Sri Vivekananda Virupaksha, Advocate [OPUC] 7. TwoCCsto GP for Home, High Court of Andhra Pradesh [OUT] 8. Two CD Copies. ssb HIGH COURT DATED:11/08/2025 g 2 9 AUG 2025 | ^ , Current Section ORDER WP No.20866 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS