APHC010420442025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY,THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21825 OF 2025 Between: 1. DR.MOJJADA RAMAKRISHNA, S/o Late MojjadaAppanna, Aged 66 years, District and Sessions Judge (Retd.), Presently practicing Advocate at High Court of AP, Residing at 5th Floor, Sri Lakshmi Narasimha Towers, Navodaya Colony, Tadepalli. 2. Smt. S. Rajani, W/o.Dr. Mojjada Ramakrishna, Aged 61 years, R/o. 5th Floor, Sri Lakshmi Narasimha Towers, Navodaya Colony, Tadepalli. 3. M.S.S.Swayam Prakash Babu, S/o. Dr.Mojjada Ramakrishna, Aged 24 years, R/o. 5th Floor, Sri Tadepalli. (Both the above their GPA Holder Dr. Mojjada Ramakrishna, S/o Late MojjadaAppanna, who is shown as Petitioner herein) 1. THE STATE OF ANDHRA PRADESH, ,Rep. by its Principal Secretary, Home Department, Secretariat, Velagapudi, Guntur District. 2. The Director General of Police, Mangalagiri, Guntur District, A.P. 3. The Superintendent of Police, Srikakulam District, A.P. 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA PETITION NO: 21825 OF 2025 1. DR.MOJJADA RAMAKRISHNA, S/o Late MojjadaAppanna, Aged 66 years, District and Sessions Judge (Retd.), Presently practicing Advocate at High Court of AP, Residing at 5th Floor, Sri Lakshmi Narasimha Towers, a Colony, Tadepalli. 2. Smt. S. Rajani, W/o.Dr. Mojjada Ramakrishna, Aged 61 years, R/o. 5th Floor, Sri Lakshmi Narasimha Towers, Navodaya Colony, Tadepalli. 3. M.S.S.Swayam Prakash Babu, S/o. Dr.Mojjada Ramakrishna, Aged 24 Lakshmi Narasimha Towers, Navodaya Colony, Tadepalli. (Both the above-named petitioners 2 and 3 are represented by their GPA Holder Dr. Mojjada Ramakrishna, S/o Late MojjadaAppanna, who is shown as Petitioner herein) ...Petitioners AND F ANDHRA PRADESH, ,Rep. by its Principal Secretary, Home Department, Secretariat, Velagapudi, Guntur District. 2. The Director General of Police, Mangalagiri, Guntur District, A.P. 3. The Superintendent of Police, Srikakulam District, A.P. IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY,THE TWENTY FIRST DAY OF AUGUST THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. DR.MOJJADA RAMAKRISHNA, S/o Late MojjadaAppanna, Aged 66 years, District and Sessions Judge (Retd.), Presently practicing Advocate at High Court of AP, Residing at 5th Floor, Sri Lakshmi Narasimha Towers, 2. Smt. S. Rajani, W/o.Dr. Mojjada Ramakrishna, Aged 61 years, R/o. 5th Floor, Sri Lakshmi Narasimha Towers, Navodaya Colony, Tadepalli. 3. M.S.S.Swayam Prakash Babu, S/o. Dr.Mojjada Ramakrishna, Aged 24 Lakshmi Narasimha Towers, Navodaya Colony, named petitioners 2 and 3 are represented by their GPA Holder Dr. Mojjada Ramakrishna, S/o Late MojjadaAppanna, who ...Petitioners F ANDHRA PRADESH, ,Rep. by its Principal Secretary, 2. The Director General of Police, Mangalagiri, Guntur District, A.P. 2 4. The Station House Officer, Jalumuru Police Station Srikakulam District, A.P 5. B Ashok Babu, S/o Not known to the Petitioner, Aged about 38 years, Occ Sub Inspector of Police, Jalumuru Police Station, Srikakulam District, A.P. 6. Dr MojjadaDhanunjaya Rao, S/o Late Appanna, Aged about 46 years,R/o Satyam Enclave, Sana Street, DCCB Colony, Srikakulam, A.P.And also R/o Sree Super Specialty Clinics, New Bridge Road, Srikakulam. 7. Ampolu Suryanarayana, S/o Balagangadhar Tilak @ Sannibabu Aged about 44 years, R/o Chodavaram Village, via Uriam, Narasanapeta Mandal, Srikakulam District, A.P. 8. Mojjada Gurannna, S/o Late Apanna, Aged 62 years. Permanent resident of Allada Village and post, Jaiumuru Mandal,Srikakulam District, Andhra Pradesh. 9. Mojjada Santharao, S/o Late Apanna, Aged about 50 years. Permanent resident of Allada Village and post, Jalumuru Mandal,Srikakulam District, Andhra Pradesh. ...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 may be pleased to a) Issue an order or direction or Writ more particularly one in the nature of Writ of Mandamus declaring the highhanded action of the respondents Nos 3 to 5 in colluding with the Respondents No. 6 to 9 thereby creating obstructions in performing petitioners agricultural activities or operations and interfering with the peaceful possession and enjoyment of the lands owned by the petitioners in their own lands admeasuring in Sy. No.s (1) Ac. 1.63cts in R.S No.92/1, (2) Ac. 0.80cts in S.No. 92/1, (3) Ac. O.10 cts in S.No. 92/2, (4) Ac.0.41cts in S.No. 91/7, (5) Ac. 3.30cts of wet land in Old S.No.384 equallent to new R.S No.83/2 of Allada Village, (6) Ac. 0.1 Sets in R.S No. 90/3, (7) Ac. 0.26cts in R.S No. 56- 13,. (8) Ac. 0.24cts in Sy. No.134-8., (9) Ac. 0.44cts in Sy. No.134-9., (10) Ac. 0.45cts in Sy. No.134-10., (11) Ac. 0.36cts in Sy. No.136-4., (12) Ac. I.OOcts in Sy. No.135-4., (13) Ac. 0.96cts in Sy. No.135-5., (14) Ac. 0.39cts in Sy. No.233-7., (15) Ac. 0.29cts in Sy. No.233-6., (16) Ac. 0.21cts in Sy. No.233- 3 3., (17) Ac. 0.1 lets in Sy. No.69-18., (18) Ac. 0.36cts in Sy. No.69-11., (19) Ac. 0.03cts in Sy. No.70-1., (20) Ac. 0.30cts in Sy. No.56-9., (21) Ac. 0.14cts in Sy. No.196-12., (22) Ac. 0.90cts in Sy. No.252-2., of Allada Revenue Village, JalumuruMandalam, (23) Ac. 0.69cts in Sy. No.1., of Alladapeta alias Advanampeta of JalumuruMandalam, despite the pendency of civil suits in O.S. No. 22 of 2025 and O.S. No. 68 /2025 on the file of competent civil court (Junior Division) at Kotabomalli and threatening me to withdraw the suits, as illegal, irregular, irrational, arbitrary, violative of Articles 14, 19(1)(g) and 21, and 300 A of Constitution of India and consequently direct the Respondent No 3 to 5 not to interfere in any manner with the peaceful possession and enjoyment of the above lands and to carry agricultural activities or operations by all the petitioners in their own above said lands b) Direct Respondents 3 to 5 to provide immediate and effective police protection to the petitioners, and their family members, and their lessees to ensure smooth and undisrupted agricultural activities c) Direct registration of FIRs in pursuance of the given reports dated and 22.06.2025 and order fair investigation by an independent agency d) Pass such 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 may be pleased to issue a direction to the Respondents Nos. 3 to 5 not to interfere with the Civil dispute by obstructing the absolute possession and enjoyement of the above said agricultural lands owned by the Petitioners, shown as suit schedule and other properties pending before competent Civil Court/s, pending disposal of the main Writ Petition and pass such Counsel for the Petitioners: NIKHIL CHOWDARY GUNTUPALLI Counsel for the Respondents: GP FOR HOME The Court made the following order: 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21825 OF 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…may be pleased to a) Issue an order or direction or Writ more particularly one in the nature of Writ of Mandamus declaring the highhanded action of the respondents Nos 3 to 5 in colluding with the Respondents No. 6 to 9 thereby creating obstructions in performing petitioners agricultural activities or operations and interfering with the peaceful possession and enjoyment of the lands owned by the petitioners in their own lands admeasuring in Sy. No.s (1) Ac. 1.63cts in R.S No.92/1, (2) Ac. 0.80cts in S.No. 92/1, (3) Ac. O.10 cts in S.No. 92/2, (4) Ac.0.41cts in S.No. 91/7, (5) Ac. 3.30cts of wet land in Old S.No.384 equallent to new R.S No.83/2 of Allada Village, (6) Ac. 0.1 Sets in R.S No. 90/3, (7) Ac. 0.26cts in R.S No. 56-13,. (8) Ac. 0.24cts in Sy. No.134-8., (9) Ac. 0.44cts in Sy. No.134-9., (10) Ac. 0.45cts in Sy. No.134-10., (11) Ac. 0.36cts in Sy. No.136-4., (12) Ac. I.OOcts in Sy. No.135-4., (13) Ac. 0.96cts in Sy. No.135-5., (14) Ac. 0.39cts in Sy. No.233-7., (15) Ac. 0.29cts in Sy. No.233-6., (16) Ac. 0.21cts in Sy. No.233-3., (17) Ac. 0.1 lets in Sy. No.69-18., (18) Ac. 0.36cts in Sy. No.69-11., (19) Ac. 0.03cts in Sy. No.70-1., (20) Ac. 0.30cts in Sy. No.56-9., (21) Ac. 0.14cts in Sy. No.196- 12., (22) Ac. 0.90cts in Sy. No.252-2., of Allada Revenue Village, JalumuruMandalam, (23) Ac. 0.69cts in Sy. No.1., of Alladapeta alias Advanampeta of JalumuruMandalam, despite the pendency of civil suits in O.S. No. 22 of 2025 and O.S. No. 68 /2025 on the file of competent civil court (Junior Division) at Kotabomalli and threatening me to withdraw the suits, as illegal, irregular, irrational, arbitrary, violative of Articles 14, 19(1)(g) and 21, and 300 A of Constitution of India and consequently direct the Respondent No 3 to 5 not to interfere in any manner with the peaceful possession and enjoyment of the above lands and to carry agricultural activities or operations by all the petitioners in their own above said lands b) Direct Respondents 3 to 5 to provide immediate and effective police protection to the petitioners, and their family members, and their lessees to ensure smooth and undisrupted agricultural activities c) Direct registration of FIRs in pursuance of the given reports dated and 22.06.2025 and order fair investigation by an independent agency d) Pass such ..” 2. Heard Sri G.Nikhil, learned counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents. 5 3. Learned counsel for the petitioner would submit that though a crime has been registered against the petitioner, under the guise of investigation the police are calling the petitioner to the police station and interfering in the civil dispute, insisting that the petitioner to withdraw the civil suit. 4. Learned Assistant Government Pleader for Home, on instructions, would submit that there is a civil dispute between the petitioners and the unofficial respondents and further submit that this Court may pass appropriate orders. 4. Learned counsel for the petitioner would submit that recording the same, the petition may be disposed of. 5. Recording the above said submissions, the Writ Petition is disposed of. However, the respondent-police are directed not to call the petitioner to the police station to insist him for withdrawal of the civil case. The police are further directed to follow the due process of law to call the petitioner to the police station relating to the crime registered. 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 21.08.2025 KKV 6 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21825 OF 2025 21.08.2025 KKV