APHC010429122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21836/2025 Between: 1. VATAMBETI SUBRAHMANYAM, S/O. SUBBARAMAIAH, AGED ABOUT 53 YEARS, OCC AGRICULTURIST, R/O. VAVILLADORUVU VILLAGE, KOTA MANDAL, TIRUPATI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, HOME DEPARTMENT, REP BY PRINCIPAL SECRETARY SECRETARIAT BUILDING, VELGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, TIRUPATI DISTRICT, TIRUPATI. 3. THE DEPUTY COLLECTOR/REVENUE DIVISIONAL OFFICER, GUDUR DIVISION, TIRUPATI DISTRICT. 4. THE TAHSILDHAR AND MANDAL EXECUTIVE MAGISTRATE, KOTA MANDAL, TIRUPATI DISTRICT 5. THE STATION HOUSE OFFICER, KOTA POLICE STATION, KOTA, TIRUPATI DISTRICT. 6. NELIPUDI VENKATA KRISHNAIAH, S/O. VENKATESWARLU, AGED ABOUT 30 YEARS. AGRICULTURIST, R/O. KOTHAPATNAM VILLAGE, KOTA MANDAL, TIRUPATI DISTRICT. 7. EMBETI VARAPRASAD, S/O. KRISHNAIAH, AGED ABOUT 35 YEARS, R/O. GOVINDAPALLI VILLAGE, KOTA MANDAL, TIRUPATI DISTRICT 8. INGILALA BALAJI, S/O. YEDUKONDALU, R/O. GOVINDAPALLI VILLAGE, KOTA MANDAL, TIRUPATI DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. C SUBODH Counsel for the Respondent(S): 1. GP FOR HOME 2. KAMBHAMPATI RAMESH BABU 3. GP FOR REVENUE The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: 2 “.... to issue a writ of mandamus or any other appropriate writ declaring the action of the 4th respondent in issuing proceedings in Rc.No.474/2025 dt.31.05.2025 u/s.145 of Code of Criminal Procedure, 1973 and not permitting the petitioner to cultivate the land of an extent Ac.4.75 cents in Sy.No.518 of Kothapatnam village, Kota Mandal, Tirupati District as illegal, arbitrary, one without jurisdiction and in contravention of Sec. 164 of BNSS, 2023 and consequently permit the petitioner to cultivate land of an extent Ac.4.76 cents in Sy.No.518 of Kothapatnam village, Kota Mandal, SPSR Nellore District by setting aside the proceedings in Rc. No.474/2025 dt.31.05.2025 u/s.145 of Code of Criminal Procedure 1973 issued by the 4th respondent” 2. Heard Sri C.Subodh, learned counsel for the petitioner and Sri Md.Farooq, learned Assistant Government Pleader for Home and Sri K.Ramesh Babu, learned counsel for the unofficial respondents. 3. Learned counsel for the petitioner would submit that the petitioner has approached the civil Court and obtained an ad-interim injunction. The unofficial respondents have filed an application before the learned Tahsildar, pursuant to which the learned Tahsildar has initiated proceedings under Section 145 Cr.P.C. 4. Learned counsel for the unofficial respondents would submit that under the guise of ad-interim injunction obtained in favour of the petitioner, the petitioner is trying to dispossess unofficial respondents who are settled in the property. 5. Learned Assistant Government Pleader for Home would submit that case and counter cases are pending between both the parties. 6. Considering the submissions made, and in view of the fact that the petitioner has approached the civil Court and obtained an ad-interim injunction 3 in his favour, and since the matter is already pending before the competent civil Court, the unofficial respondents are at liberty to work out their remedies before the civil Court where the matter is pending. In these circumstances, initiation of proceedings under Section 145 Cr.P.C., when the matter is already before the competent civil Court, is not desirable. 7. In that view, the Writ Petition is disposed of. However, parties are at liberty to work out their remedies before the competent civil Court. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:11.09.2025 Asr 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.21836 of 2025 Dt.11.09.2025 Asr