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2025 DAILYLAW 29164 (AP)

BEKKEM NAGA MALLESWARAIAH v. THE STATE OF ANDHRA PRADESH

WP/21749/2025 · 2025-08-18

Venkata Jyothirmai Pratapa

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Judgment text

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1 APHC010416962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl i (Special Original Jurisdiction) I TUESDAY,THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21749 OF 2025 Between: 1. Bekkern Naga Malleswaraiah,S/o. B, Sankaraiab, Aged 50 years, Occ: Priest(Archaka), R/o. D. No. 4-12,B.C. Colony, Chindukur Village, Gadivemulamandal, Nandyala District. A.P.- 51 8511. 2. Bekkern Dhanunjaya Sharrna, S/o B. Shankarail"! Aged about 48 Years, Occ: Priest(Archaka), Residing at £. No. 4-72, B. C. Colony, Chindukuru Village, GadivemulaMandal, Nandyala District. Andhra Pradesh. .. Peiiiioners AND: 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government Home Department, Secretariat, Velagapudi, Amaravati, Guntur District 2. The Superintendent of Police Nandyala,Nandyala District, Andhra Pradesh. 3. The Station House Officer, Gadivernula, Gadivemula Village and Mandal Nandyal District, Andlira Pradesh. 4. The Commissioner, Endowments Department, NandyalaDistict, Andhra Pradesh. M r 5. The Executive Officer, Grade- II, Group temples, Gadivemula, Gadivemula Village and Mandal, NandyalaDistict, Andhra Pradesh. 6. B. Sarabhaiah, S/o. Shankaraiah, Age 46 years, Occ: Pujari, R/o. 3-86, Eswarnagar, Mahanandi Village and Mandal, NandyalaDistict, Andhra Pradesh- 518502 7. B. LakshmiTulasi, W/o. B. Sarabhaiah, Aged 45 years, Occ; House Wife, R/o. 3-86, Eswarnagar, Mahanandi Village and Mandal NandyalaDistict, Andhra Pradesh - 518502. 8. B Sankar Reddy, S/o. Krishna Reddy, Aged about 60 years, Occ: Agriculture, R/o. Chindukur Village, Gadivemulamandal, Nandyala District, A.P. 9. B. Pranavananda, S/o. Krishna Reddy, Age 58 years, Occ: Agriculture, R/o. Chindukur Village, Gadivemulamandal, Nandyala District, A.P. 10. B. Pratap Reddy, S/o. Krishna Reddy, Age 50 years, Occ: Agriculture, R/o. Chindukur Village, Gadivemulamandal, Nandyala District, A.P. B. Satyanarayana Reddy, S/o. Hussain Reddy, Age 65 years, Occ: Agriculture, R/o. Chindukur Village, Gadivemulamandal, Nandyala District, A.P. 11. 12. S. Madhu Reddy, S/o. Babu Reddy, Age 40 years, Occ: Agriculture, R/o. Chindukur Village, Gadivemulamandal, Nandyala District, A.P. 13. S. Sravan Reddy, S/o. Babu Reddy, Age 28 years, Occ: Agriculture, R/o. ChindukurVillage, Gadivemulamandai, Nandyaia District, A.P. ■> / S. Subbarayudu, S/o. Balanna, Age 50 years, Occ; Agriculture, R/o. Chindukur Village, Gadivemulamandai, Nandyaia District, A.P. 14. 15. ManjulaVenkataSubbayya, S/o. Balanna, Age 50 years, Occ: Agriculture, R/o. Chindukur Village, Gadivemulamandai, Nandyaia District, A.P. 16. Kummari Rama Subbaiah, S/o, Rangaiah Age 50 years, Occ: Agriculture, R/o. Chindukur Village, Gadivemulamandai, Nandyaia District, A.P PailapuSrinivasLilu, S/o. ChinnaSunkanna, Age 40 years, Occ; Agriculture, R/o. Chindukur Village, Gadivemulamandai, Nandyaia District. A.P. 17. 18. KapulapalleSubbarayudu, S/o. Venganna, Age 50 years, Occ: Agriculture, R/o, Chindukur Village, Gadivemulamandai, Nandyaia District, A.P. ... 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 an appropriate writ, order direction, more particularly a Writ in the nature of Mandamus, declaring the action of the respondents especially 3'"^ Respondent in calling the petitioners herein to the police station even without there being any written report or FIR pending against the petitioners and forcing the petitioners to settle the Family/Civil Disputes between the petitioners and 7th Respondents herein with the aid of 8*'' to 16 or th Respondents who are acting as the elders of the village and who have even influenced the 3 rd respondent to forcefully hand over the keys of Sri I th Sorneswara Swamy Temple, Chindukur Village, Nandyala District to the 7 Respondent under the threat of illegal arrest and further threatening the 17 and 18 th th Respondents to pay the lease hold income to 6’^^ and 7 Respondents as being arbitrary, illegal and violation of Article 14, 19, 21and 300- A of Constitution of India apart from violate of Principles of Natural Justice, apart from various judicial pronouncements of this Hon’ble Court as well as the Hon’ble Apex Court and consequently direct the Respondent No. 3 not to call the petitioners to the police station without there being any crime registered against the petitioners and not to interfere in family/Civil Disputes pending between petitioner and 6*'' and 7'^ Respondent. th 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 official respondents especially 3'”'^ Respondent not to harass the petitioners by calling them to come to the police station and not to interfere in the civil disputes pending between the petitioners and the unofficial respondents pending disposal of the writ petition. Counsel for the Petitioners: SRI V. NITESH Counsel for the Respondent Nos.1 to 3: GP FOR HOME Counsel for the Respondent No.4:GP FOR ENDOWMENTS Counsel for the Respondent No.5: SRI T. VENUGOPAL, SC FOR ENDOWMENTS Counsel for the Respondent Nos.6 to 18:-- The Court made the following order: APHC010416962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT the honourable dr justice VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21749/2025 Between: 1.BEKKEM NAGA MALLESWARAIAH, S/0. B. SANKARAIAH, AGED 50 YEARS, OCC PRIEST(ARCHAKA), R/0. D. NO. 4-12,B.C. COLONY, CHINDUKUR VILLAGE, district. A.P.-518511. GADIVEMULAMANDAL, NANDYALA 2.BEKKERN DHANUNJAYA SHARMA,, S/0 B. SHANKARAIH, AGED about 48 YEARS, OCC PRIEST(ARCH AKA), RESIDING AT E. NO. CHINDUKURU VILLAGE 4-72, B. 0. COLONY, GADIVEMULAMANDAL, NANDYALA DISTRICT. ANDHRA PRADESH. ...PETITIONER{S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 2.THE SUPERINTENDENT OF POLICE, NANDYALA,NANDYALA DISTRICT, ANDHRA PRADESH. 3.THE STATION HOUSE OFFICER, GADIVEMULA, GADIVEMULA VILLAGE AND MANDAL, NANDYAL DISTRICT, ANDHRA PRADESH. 4.THE COMMISSIONER, ENDOWMENTS DEPARTMENT, NANDYALADISTICT, ANDHRA PRADESH. 5.THE EXECUTIVE OFFICER, GRADE- II, GROUP TEMPLES, GADIVEMULA, GADIVEMULA VILLAGE AND MANDAL 2 NANDYALADISTICT, ANDHRA PRADESH. 6.B SARABHAIAH, S/0. SHANKARAIAH PUJARI MANDAL, NANDYALADISTICT, ANDHRA PRADESH- 518502 AGE 46 YEARS, OCC R/0. 3-86, ESWARNAGAR, MAHANANDI VILLAGE AND ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstancesstated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction, more particularly a Writ in the nature of Mandamus, declaring the action of the respondents especially 3rd Respondent in calling the petitioners herein to the police station even without there being any written report or FIR pending against the petitioners and forcing the petitioners to settle the Family/Civil Disputes between the petitioners and 7th Respondents herein with the aid of 8th to 16th Respondents who are acting as the elders of the village and who have even influenced the 3rd respondent to forcefully hand over the keys of Sri Someswara Swamy Temple, Chindukur Village, Nandyala District to the 7th Respondent under the threat of illegal arrest and further threatening the 17th and 18th Respondents to pay the lease hold income to 6**^ and 7 Respondents as being arbitrary, illegal and violation of Article 14, 19, 21 and 300-A of Constitution of India apart from violate of Principles of Natural Justice, apart from various judicial pronouncements of this Honble Court as well as the Honble Apex Court and consequently direct the RespondentNo. 3 not to call the petitioners to the police station without there being any crime registered against the petitioners and not to interfere in family/Civil Disputes pending between petitioner and 6th and 7th Respondent and to pass th 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 official respondents especially 3rd Respondent not to harass the petitioners by calling them to come to the police station and not to interfere in the civil disputes pending between the petitioners and the respondents pending disposal of the writ petition and pass Counsel for the Petitioner{S): unofficial 1.VNITESH Counsel for the Respondent(S): 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21749 of 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for; . .pleased to issue an appropriate writ, order or direction, more particularly a Writ in the nature of Mandamus, declaring the action of the respondents especially 3rd Respondent in calling the petitioners herein to the police station even without there being any written report FIR pending against the petitioners and forcing the petitioners to Family/Civil Disputes between the petitioners and 7^^ or settle the Respondents herein with the aid of 8th to 16th Respondents who are acting as the elders of the village and who have even influenced the 3rd respondent to forcefully hand over the keys of Sri Someswara Swamy Temple, Chindukur Village, Nandyala District to the 7th Respondent under the threat of illegal arrest and further threatening the 17th and 18th Respondents to pay the lease hold income to and Respondents as being arbitrary, illegal and violation of Article 14, 19, 21and 300-A of Constitution of India apart from violate of Principles of Natural Justice, apart pronouncements of this Honble Court as well as the Honble Apex Court and consequently direct the Respondent No. 3 not to call the petitioners to the police station without there being any crime registered against the petitioners and not to interfere in family/Civil Disputes pending between petitioner and 6th and 7th Respondent \ from various judicial and to pass... When the matter is taken up for hearing, Sri V.Farooq, learned Assistant Government Pleader for Home representing on behalf of the respondents, on written instructions would submit that basing on the complaint of the unofficial respondent No.6, the petitioners were called to the police station for enquiry and no crime is registered against the petitioners since the matter is of civil in nature. 2. 5 3. Sri V. Nitesh, learned counsel for the recording the same, the petition may be disposed of. petitioner would submit that 4. Recording the above said submissions, the Writ Petition is disposed of. However, the police are directed not to call the since no petitioners to the police station, crime has been registered against the petitioners and also directed not to interfere in the civil disputes between the respondents. petitioners and the unofficial As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- A VIJAYA BABU ASSISTANTvREGISTRAR Cjff^OFFICER //TRUE COPY// SE To. 1. The Principal Secretary to Government, Home Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District 2. The Superintendent of Police, Nandyala.Nandyala District, Andhra Pradesh. 3. The Station House Officer, Gadivemula, Gadivemula Village and Mandal, Nandyal District, Andhra Pradesh. 4. The Commissioner, Endowments Department Andhra Pradesh. 5. The Executive Officer, Grade- II, Group temples, Gadivemula Village and Mandal Nandyala Distict, Andhra Pradesh. 6. One CC to Sri V. Nitesh, Advocate [OPUC] 7. One CC to Sri T. Venugopal, SC for Endowments[OPUC] 8. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] / 9. Two CCs to GP for Endowments, High Court of Andhra Pradesh [OUT] .-^10. Two CD Copies. Nandyala Distict Gadivemula, ssb HIGH COURT DATED: 19/08/2025 ORDER WP No.21749 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS