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2025 DAILYLAW 31248 (AP)

G BHARATHI v. THE STATE OF ANDHRA PRADESH

WP/23278/2025 · 2025-09-07

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010457262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 23278/2025 Between: 1. G BHARATHI, AGED 53 YEARS, W/O GOLLA AKKULAPPA, R/O D.NO. 2-75, RAMALAYAM VEEDHI, VTC,YENUMALAPALLI, PUTTAPARTHI SRI SATYA DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPT OF HOME AFFAIRS, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, A.P. 2. THE DIRECTOR GENERAL OF POLICE, STATE OF ANDHRA PRADESH, MANGALAGIRI, AMARAVATI. 3. THE DISTRICT COLLECTOR, SRI SATYA SAI DISTRICT, PUTTAPARTHI. 4. THE SUPERINTENDENTOF POLICE, SRI SATYA SAI DISTRICT, PUTTAPARTHI. 5. THE DEPUTY SUPERINTENDENT OF POLICE, SRI SATYA SAI DISTRICT, PUTTAPARTHI. 6. THE TAHSILDAR, PUTTAPARTHI MANDAL, SRI SATYA SAI DISTRICT. 7. THE CIRCLE INSPECTOR OF POLICE, UTTAPARTHI URBAN P.S. PUTTAPARTHI 8. THE VILLAGE REVENUE OFFICER VRO, YENUMALAVARIPALLI, PUTTAPARTHI MANDAL SRI SATYA SAI DISTRICT. 9. SRI MARUTHI SHANKAR, INSPECTOR OF POLICE, KOTHACHERUVU, PRESENTLY IN-CHARGE PUTTAPARTHI URBAN P.S. SRI SATYA SAI DISTRICT. 10. SMT STUTI SINGHAL, AGED 32 YEARS, W/O MR ANISH GOEL, SAI NIRMAN APARTMENTS, MUNICIPALITY ROAD, PUTTAPARTHI, SRI SATYA SAI DISTRICT. 11. MAHESH GOEL, AGED 59 YEARS, S/O BAIJNATH GOEL, R/O. D. NO. 3-713/A, SBI ROAD, PUTTAPARTHI, SRI SATYA SAI DISTRICT 12. BOMMAKANTI GAYATHRI, AGED 55 YEARS, W/O JAGANNADHA KALIDAS, R/O. FLAT NO. 403-B, ROYAL SQUARE APARTMENTS, KPHB COLONY, PHASE -5 HYDERABAD, TELANGANA STATE ...RESPONDENT(S): Counsel for the Petitioner: 1. HARISH KUMAR RASINENI Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 23278 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 or Order or Direction more particularly in the nature of Writ of Mandamus declaring the action of the official respondents no. 6 to 9 in interfering with petitioners peaceful possession and enjoyment of her property to an extent of Ac. 0.30 Cents in Sy No. 356 of Yenumalapalli village, Puttaparthi Nagar Panchayat, Puttaparthi, Sri Saty Sai District at the instance of respondent no. 10 to 12 in spite pending civil suits, as illegal arbitrary and violative of principles of natural justice and also violation of petitioners rights guaranteed under the Constitution of India and consequently direct the respondents not to interfere with the petitioners property in an extent of Ac. 0.30 Cents in Sy No. 356 of Yenumalapalli village, Puttaparthi Nagar Panchayat, Puttaparthi, Sri Saty Sai District and pass.…” 2. Heard Sri R. Harish Kumar, 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, on written instructions would submit that there are civil disputes in between the petitioner and the unofficial respondents. Basing on the complaint made by respondent No.10, a case in Cr.No.90 of 2025 for the offences punishable under Section 324(1), 329(3), 351(2) r/w 3(5) BNS of Puttaparthi Town Police Station, was registered against the petitioner and others. Aggrieved by the same, the petitioner filed Crl.P.No.8791 of 2025 to quash the aforementioned crime, wherein this Court, on 22.08.2025, directed to follow the guidelines issued by Hon’ble Apex Court in Arnesh Kumar v. State of Bihar1. In pursuance of order dated 22.08.2025, in order to serve notice under Section 35(3) of BNSS, the petitioner was called to the police station. 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. 5. Recording the above said submissions, the Writ Petition is disposed of. However, the police are directed to follow due process of law regarding the crime registered against the petitioner. 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: 08.09.2025. TVN 1 (2014) 8 SCC 273 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.23278 of 2025 Dated.08.09.2025 TVN 109