MALLA DHANALAKSHMIQ v. The State of Andhra Pradesh
WP/22472/2025 · 2025-08-21
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 30505 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 30505 (AP) · dailylaw.ai ]
Judgment text
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APHC010439942025
IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY,THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 22472 OF 2025 Between:
1. MALLA DHANALAKSHMIQ, W/o.LateMalla Venkata JagannadhaBhunveswara Rao, Aged about 54 years, Occ Housewife, R/o.D.No. 15-21-12/3, Anakapalli Town and Mandal, Anakapalli District. 2. MallaNavya Teja,, S/o. Late Late Rao, Aged about 35 years, Occ Business, R/o.D.No. 15 Town and Mandal, Anakapalli District. 3. MallaNooka Harsha Teja,, S/o. Late Malla Venkata JagannadhaBhunveswara Rao, Aged about 33 years, Oc R/o.D.No. 15-21-12/3, Anakapalli Town and Mandal, Anakapalli District. 1. The State of Andhra Pradesh, rep., by its Principal Secretary, Home Department, Secretariat buildings, Velagapudi, Amaravathi, Guntur District. 2. The Superintendent of Police, Anakapalli District, Anankapalli. 3. The Circle Inspector of Police, Achutapuram Police Station, Achutapuram Mandal, Anakapalle District. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA PETITION NO: 22472 OF 2025
1. MALLA DHANALAKSHMIQ, W/o.LateMalla Venkata JagannadhaBhunveswara Rao, Aged about 54 years, Occ Housewife, 12/3, Anakapalli Town and Mandal, Anakapalli District. 2. MallaNavya Teja,, S/o. Late LateMalla Venkata JagannadhaBhunveswara Rao, Aged about 35 years, Occ Business, R/o.D.No. 15-21-12/3, Anakapalli Town and Mandal, Anakapalli District. 3. MallaNooka Harsha Teja,, S/o. Late Malla Venkata JagannadhaBhunveswara Rao, Aged about 33 years, Occ Business, 12/3, Anakapalli Town and Mandal, Anakapalli District. ...Petitioners AND
1. The State of Andhra Pradesh, rep., by its Principal Secretary, Home Department, Secretariat buildings, Velagapudi, Amaravathi, Guntur District. The Superintendent of Police, Anakapalli District, Anankapalli. 3. The Circle Inspector of Police, Achutapuram Police Station, Achutapuram Mandal, Anakapalle District. IN THE HIGH COURT OF ANDHRA PRADESH
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
1. MALLA DHANALAKSHMIQ, W/o.LateMalla Venkata JagannadhaBhunveswara Rao, Aged about 54 years, Occ Housewife, 12/3, Anakapalli Town and Mandal, Anakapalli District. Malla Venkata JagannadhaBhunveswara 12/3, Anakapalli
3. MallaNooka Harsha Teja,, S/o. Late Malla Venkata c Business, 12/3, Anakapalli Town and Mandal, Anakapalli District. ...Petitioners
1. The State of Andhra Pradesh, rep., by its Principal Secretary, Home Department, Secretariat buildings, Velagapudi, Amaravathi, Guntur District. 3. The Circle Inspector of Police, Achutapuram Police Station, Achutapuram
4. The Station House Officer, AchutapuramPolice Station, Achutapuram Mandal, Anakapalle District
5. The Head Constable, AchutapuramPolice Station, AchutapuramMandal, Anakapalle District. 6.
ModadaguKameswari, W/o. Sri.Ramaprasad, Aged about 67 years, Occ Housewife, R/o.MIG No.36, APHB Colony, Visakhapatnam. 7. KundrapuSanyasinaidu, , S/o.Not Known, Aged about not known, Occ Business, R/o.Deepanjali Nagar, NTPC Quarters, Paravada Mandal, Visakhapatnam District. 8. Kundrapu Murthy Prasad, S/o. Pydayya, Aged about 53 years, Occ Business, R/o.Atchutapuram Village and Mandal, Anakapalli District. 9. DharmireddySanyasinaidu, S/o. Yerrabbai, Aged about 48 years, Occ Business, R/o.Ramannapalem Village, Atchutapuram Mandal, Anakapalli District.
The Head Constable, AchutapuramPolice Station, AchutapuramMandal, Anakapalle District. 6. ModadaguKameswari, W/o. Sri.Ramaprasad, Aged about 67 years, Occ Housewife, R/o.MIG No.36, APHB Colony, Visakhapatnam. 7. KundrapuSanyasinaidu, , S/o.Not Known, Aged about not known, Occ Business, R/o.Deepanjali Nagar, NTPC Quarters, Paravada Mandal, Visakhapatnam District. 8. Kundrapu Murthy Prasad, S/o. Pydayya, Aged about 53 years, Occ Business, R/o.Atchutapuram Village and Mandal, Anakapalli District. 9. DharmireddySanyasinaidu, S/o. Yerrabbai, Aged about 48 years, Occ Business, R/o.Ramannapalem Village, Atchutapuram Mandal, Anakapalli 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 may be pleased to may be pleased to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents No.3 to 5 in calling us to their Police Station with regard to civil dispute at the instance of the respondents No.6 to 9 and asking us to settle the disputes with respondents No.6 to 9 by surrendering and handing over the land in an extent of Ac.0.16 cents in Sy.No.65 of Chodapalli Village, Atchutapuram Mandal, Anakapalli District to the respondents No.6 to 9 as arbitrary, illegal, colorable exercise of power and quite contrary to the well established legal principles being laid down by the Honble Court and the Honble Apex Court from time to time apart from being violative of the Fundamental and Constitutional Rights guaranteed to me under Articles 14,
19, 21 and 300-A of the Constitution of India and consequently direct the respondents No.3 to 5 not to interfere with the civil disputes between me and the respondent Nos.6 to 9 in respect of land in an extent of Ac.0.16 cents in Sy.No.65 of Chodapalli Village, Atchutapuram Mandal, Anakapalli Districtand 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 direct the respondent No.3 to 5 not to interfere with my personal life and liberty in so for as a civil dispute at the instance of the respondent No.6 to 9, pending disposal of the above Writ Petition and pass such Counsel for the Petitioners: B.ABHAY SIDDHANTH MOOTHA Counsel for the Respondents: GP FOR HOME The Court made the following order:
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 22472 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 one in the nature of Writ of Mandamus declaring the action of the respondents No.3 to 5 in calling us to their Police Station with regard to civil dispute at the instance of the respondents No.6 to 9 and asking us to settle the disputes with respondents No.6 to 9 by surrendering and handing over the land in an extent of Ac.0.16 cents in Sy.No.65 of Chodapalli Village, Atchutapuram Mandal, Anakapalli District to the respondents No.6 to 9 as arbitrary, illegal, colorable exercise of power and quite contrary to the well established legal principles being laid down by the Hon’ble Court and the Honble Apex Court from time to time apart from being violative of the Fundamental and Constitutional Rights guaranteed to me under Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondents No.3 to 5 not to interfere with the civil disputes between me and the respondent Nos.6 to 9 in respect of land in an extent of Ac.0.16 cents in Sy.No.65 of Chodapalli Village, Atchutapuram Mandal, Anakapalli District and pass such…”
2. When the matter is taken up for hearing, Sri V.Farooq, learned Assistant Government Pleader for Home on instructions would submit that, the respondent Nos.3 to 5 called the petitioner for preliminary enquiry through phone. After due enquiry, they found that there are civil disputes between the petitioner and respondents Nos.6 to 9 and the police are not interfering in the civil disputes between the parties.
3.
Learned counsel for the petitioners would submit that recording the same, the petition may be disposed of.
4. Recording the above said submission, the Writ Petition is disposed of. However, the police are directed not to call the petitioners to the police station, since, no crime has been registered against them. 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 Date: 22.08.2025. KKV
HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
W.P.No. 22464 of 2025
Dated.22.08.2025
KKV