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2025 DAILYLAW 30832 (AP)

GAJUGUDURU HUSEN @ HUSSAIN BASHA v. THE STATE OF ANDHRA PRADESH

WP/23221/2025 · 2025-09-02

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010455282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 23131/2025 Between: 1. THURAKA RADHAMMA, W/O. THURAKA RAMAKRISHNA AGED ABOUT 57 YEARS, OCC. DAILY WAGES WORKER, R/O. 9-45, NEMAN GAMPALAGUDEM, KRISHNA DISTRICT, ANDHRA PRADESH. 2. TURAKA RAMAKRISHNA,, S/O. THURAKA VENKATESWARLU, AGED ABOUT 44 YEARS, OCC. DAILY WORKER, R/O. 1-21, NERMALLI, GAMPALAGUDEM MANDAL, KRISHNA DISTRICT. 3. TURAKA RAGHU,, S/O. THURAKA RAMAKRISHNA, AGED ABOUT 35 YEARS, OCC. MECHANIC, R/O. D.NO.2-02, S C COLONY, HARIJANAWADA, NERMALLI, KRISHNA DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME (POLICE) DEPARTMENT ANDHRA PRADESH SECRETARIAT OFFICE, VELAGAPUDI, AMRAVATI. 2. THE DIRECTOR GENERAL OF POLICE, STATE OF ANDHRA PRADESH, MANGALGIRI, AMRAVATHI. 3. THE COMMISSIONER OF POLICE, NTR DISTRICT, VIJAYAWADA. 4. THE CIRCLE INSPECTOR OF POLICE, THIRUVURU POLICE STATION, NTR DISTRICT, ANDHRA PRADESH. 5. THE STATION HOUSE OFFICER, GAMPALAGUDEM POLICE 2 STATION, NTR DISTRICT, VIJAYAWADA. 6. KOTCHARLA BALASWAMY, S/O. MANASAIAH, AGED ABOUT 75 YEARS, OCC. RETIRED EMPLOYEE, R/O. NERMALLI, GAMPALGUDEM MANDAL, KRISHNA 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 tomay be pleased to Issue a Writ of Mandamus or any other appropriate writ, order, or direction declaring the action of the challenging the inaction of the Respondents in interfering with our possession and enjoyment over the shops constructed in an extent of Ac.0.15 cents out of the land in an extent of Ac.0.41 cents out of the land in Ac.0.82 cents in situated in Sy.No.100/1 Nemali Village, Gampalagudem Mandal, Krishna District at the instance of the unofficial respondents as arbitrary, illegal and contrary to the well-established legal principle apart from being violative of the rights guaranteed to us under Article 14, 19 and 21 of Constitution of India and consequently direct the Respondents not to resist us from entering into the land in an extent of Ac.0.15 cents out of the land in an extent of Ac.0.41 cents out of the land in Ac.0.82 cents in situated in Sy.No.100/1 Nemali Village, Gampalagudem Mandal, Krishna District 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 an order directing the Respondent No.4 and 5 not to resist us from entering into the house property situated in Ac.0.15 cents out of the land in an extent of Ac.0.41 cents out of the land in Ac.0.82 cents in situated in Sy.No.100/1 Nemali Village, Gampalagudem Mandal, Krishna District at the instance of the unofficial respondents and his followers, pending disposal of the Writ Petition and pass such Counsel for the Petitioner(S): 1. PAPUDIPPU SASHIDAR REDDY Counsel for the Respondent(S): 1. GP FOR HOME 2. SREENIVASA RAO VELIVELA 3 The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to Issue a Writ of Mandamus or any other appropriate writ, order, or direction declaring the action of the challenging the inaction of the Respondents in interfering with our possession and enjoyment over the shops constructed in an extent of Ac.0.15 cents out of the land in an extent of Ac.0.41 cents out of the land in Ac.0.82 cents in situated in Sy.No.100/1 Nemali Village, Gampalagudem Mandal, Krishna District at the instance of the unofficial respondents as arbitrary, illegal and contrary to the well-established legal principle apart from being violative of the rights guaranteed to us under Article 14, 19 and 21 of Constitution of India and consequently direct the Respondents not to resist us from entering into the land in an extent of Ac.0.15 cents out of the land in an extent of Ac.0.41 cents out of the land in Ac.0.82 cents in situated in Sy.No.100/1 Nemali Village, Gampalagudem Mandal, Krishna District Pass such....…” 2. Heard Sri P.Sashidhar, learned Counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents. 3. Learned counsel for the petitioner would submit that police are not taking any action against the unofficial respondent in interfering with the possession and enjoyment over the shops of the petitioner. 4. Learned Assistant Government Pleader on written instructions would submit that basing on the contents of the complaint, a case was registered against the 6th respondent in Cr.No.104 of 2025, under Section 329(4), 115(2) r/w 3(5) of BNS of Gampalagudem Police Station. 4 5. Recording the same, this writ petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Date: 03.09.2025 MH 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA 31 W.P.No.23131 of 2025 Dated: 03.09.2025 MH