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2025 DAILYLAW 30090 (AP)

AVALA APPAYYAMMA v. THE STATE OF AP

WP/22058/2025 · 2025-08-20

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010431772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 22058/2025 Between: 1. AVALA APPAYYAMMA, W/O.LATE YELLAYYA, AGED 50 YEARS, R/O.CHINNAVALLURU VILLAGE, MODAVALASA PANCHAYAT, DENKADA MANDAL, VIZIANAGARAM DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI AT AMARAVATHI, GUNTUR DISTRICT. 2. THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH AT MANGALAGIRI, GUNTUR DISTRICT. 3. THE SUPERINTENDENT OF POLICE, VIZIANAGARAM DISTRICT. 4. THE CIRCLE INSPECTOR OF POLICE, BHOGAPURAM CIRCLE, BHOGAPURAM, VIZIANAGARAM DISTRICT. 5. THE SUBINSPECTOR OF POLICE, DENKADA POLICE STATION, DENKADA, VIZIANAGARAM DISTRICT. 6. SMT BOTTA KANNAMMA, W/O.LATE LAKSHMANA RAO, AGED 65 YEARS, R/O.MADHURA ALLUPETA VILLAGE, DAKAMARRI PANCHAYAT, BHEEMUNIPATNAM MANDAL, VISAKHAPATNAM DISTRICT. 7. BOTTA SANYASI RAO, S/O.LATE LAKSHMANA RAO, AGED 45 YEARS, R/O.MADHURA ALLUPETA VILLAGE, DAKAMARRI 2 PANCHAYAT, BHEEMUNIPATNAM MANDAL, VISAKHAPATNAM 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 of Mandamus, or other appropriate writ, order or direction, declaring the action of Respondent No.5 in interfering into the civil dispute in connection with the land an extent of Ac.0.08 1/2 cents in Sy.No.115-21P, Ac.0.06 cents in Sy.No.115-26P, Ac.0.07 cents in Sy.No. 115-27P and Ac.0.06 1/2 cents situated at Modavalasa Village, Denkada Mandal, Vizianagaram District at behest of the Respondent Nos.6 and 7 herein without any authority or jurisdiction as illegal, arbitrary, unreasonable, without jurisdiction, violative of Articles 14, 21 and 300-A of the Constitution of India and violative of Principles of Natural Justice and consequently direct the 5th respondent herein not to interfere into the dispute in connection with the land an extent of Ac.0.08 1/2 cents in Sy.NO. 115-21P, Ac.0.06 cents in Sy.No.115-26P, Ac.0.07 cents in Sy.No. 115-27P and Ac.0.06 V2 cents situated at Modavalasa Village, Denkada Mandal, Vizianagaram District 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 Counsel for the Petitioner: 1. P DURGA PRASAD Counsel for the Respondent(S): 1. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 22058 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 of Mandamus, or other appropriate writ, order or direction, declaring the action of Respondent No.5 in interfering into the civil dispute in connection with the land an extent of Ac.0.08 1/2 cents in Sy.No.115-21P, Ac.0.06 cents in Sy.No.115- 26P, Ac.0.07 cents in Sy.No. 115-27P and Ac.0.06 1/2 cents situated at Modavalasa Village, Denkada Mandal, Vizianagaram District at behest of the Respondent Nos.6 and 7 herein without any authority or jurisdiction as illegal, arbitrary, unreasonable, without jurisdiction, violative of Articles 14, 21 and 300-A of the Constitution of India and violative of Principles of Natural Justice and consequently direct the 5th respondent herein not to interfere into the dispute in connection with the land an extent of Ac.0.08 1/2 cents in Sy.NO. 115-21P, Ac.0.06 cents in Sy.No.115-26P, Ac.0.07 cents in Sy.No. 115-27P and Ac.0.06 Vs cents situated at Modavalasa Village, Denkada Mandal, Vizianagaram District and pass.…” 2. Heard Sri P. Durga Prasad, learned counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents. 3. Learned Assistant Government Pleader for Home would submit that the police have received PGRS petition from the 6th respondent and enquired into the matter and the same was closed since the matter is of civil in nature. He would further submit that the police are not interfering in the civil disputes between the petitioner and the unofficial respondents. 4. Learned counsel for the petitioner would submit that recording the same, the petition may be disposed of. 4 5. Recording the above said submission, the Writ Petition is disposed of. However, the police are directed not to interfere in the civil disputes between the petitioner and the unofficial respondents. No order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 21.08.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.22058 of 2025 Dated.21.08.2025 UPS 86