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2025 DAILYLAW 31633 (AP)

BATCHU DRAKSHA KOMALAVALLI v. The State of Andhra Pradesh

WP/23420/2025 · 2025-09-01

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010461982025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 23420 OF 2025 Between: Batchu Draksha Komalavalli, D/o. Batchu Draksha, Aged about 63 D.No. 3-26,Kothapeta Village, ILDT Colony Vetapalem Mandalam,Bapatla Dtstrict (Prakasham) years ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Andhra Pradesh Secretariat, Velagapudi Amaravathi. 2. The Superintendent of Police, Bapatia District. 3. The Station House Officer, II Town police station, Chirala. ...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 issue a Writ of Mandamus or any other appropriate writ, order, or direction declaring that the action of Respondent No. 3 in interfering with the peaceful possession and enjoyment of the petitioners land an extent of 242 sy.yds situated in Sy. Nos. 180/3 of Kothapeta Village, ILDT Colony Vetapalem Mandalam.Bapatia Dtstrict (Prakasham) is illegal, arbitrary, and without jurisdiction, and consequently direct Respondent No. 3 to forthwith refrain from indulging in any such illegal activity or collusion that disturbs the fL civil rights of the petitioner, and further direct Respondent No. 3 not to interfere with purely a civil dispute and to act strictly in accordance with law. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondent No.3 to not to interfere in the petitioner’sland an extent of 242 Sy.yds situated in Sy. Nos. 180/3 of Kothapeta Village, ILDT Colony Vetapalem Mandalam, Bapatia District, (Prakasham) and not to call the petitioner to the police station, pending disposal of the above writ petition. Counsel for the Petitioner: SRI M. SAPTHAGIRI Counsel for the Respondents: GP FOR HOME The Court made the following order: APHC010461982025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA [3396] WRIT PETITION No. 23420/2025 Between; D/0. BATCH U KOMALAVALLI, DRAKSHA 1.BATCHU DRAKSHA,AGED ABOUT 63 YEARS, D.NO.3-26, KOTHAPETA VILLAGE. ILDT COLONY VETAPALEM MANDALAM.BAPATLA DTSTRICT (PRAKASHAM) ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, . REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, ANDHRA PRADESH SECRETARIAT,VELAGAPUDI AMARAVATHI. 2.THE SUPERINTENDENT OF POLICE, BAPATLA DISTRICT, 3.THE STATION HOUSE OFFICER, STATION.CHIRALA. TOWN POLICE ...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 any other appropriate writ, order, or direction declaring that the action of Respondent No.3 in interfering with the peaceful possession and enjoyment of the petitioners land an extent of 242 sy.yds situated in Sy. Nos. 180/3 of Kothapeta Village, ILDT Colony Vetapalem, Mandalam.BapatIa District (Prakasham) is illegal, arbitrary, and without jurisdiction, and consequently, direct Respondent No.3 to forthwith refrain from indulging in any such illegal activity or collusion that disturbs the civil rights of the petitioner, and further direct Respondent No.3 not to interfere with purely a civil dispute and to act strictly in accordance with law, and pass such Counsel for the Petitioner: I.M. SAPTHAGIRI Counsel for the Respondent(S): 1.GP FOR HOME 2 The Court made the following: ORDER The instant Writ Petition this Court under Article 226 of the Constitution is filed by the Petitioner seeking indulgence of India for the following relief: of nrHpr '^sndamus or any other appropriate writ interring Xthe peaceful possession an'den^yment'o? thr^eht^ne^s acBvity or collusion that disturbs the civil rights of the petitioner and and to act strictly in accordance with law, and pass such 2. Heard Sri Sapthagiri Metta, learned learned Assistant Government Pleader counsel for the Petitioner and appearing for Respondent for Home Home. Perused the material on record. 3. Learned counsel for the Petitioner absolute owner and would submit that Petitioner is the possessor of the subject property and that with the connivance of the third party, who have active no right, title or interest over the subject property, police are interfering in the civil disputes and are trying to evict the Petitioner forcibly from the subject Learned counsel would submit that without property, which is illegal and arbitrary, there being any crime registered are calling her to the Police Station and counsel would submit that this appropriate orders. against the petitioner, respondent Police insisting her to settle the civil disputes. Learned Writ Petition may be disposed of by passing 3 i 4. On the other hand, learned Assistant Government Pleader for Home would submit that one Boddu Umamaheswari claiming ownership over the subject property, gave a complaint against the Petitioner and others alleging that the Petitioner and others are trespassing into the subject property without any right, title and. authority over the property and that this Court may pass appropriate orders by disposing of this Writ Petition. 5. Considering the submissions and having regard to the facts and circumstances of the case, it is apposite to direct respondent Police not to interfere in the civil disputes and not to call the Petitioner to the Police Station without there being any crime registered against her. Respondent Police shall follow due process of law, if any case is registered against the Petitioner. 6. With the above directions, this Writ Petition is disposed of. No order as to costs. Pending applications, if any, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// ^^TK^OmCER To, 1. The Principal Secretary, Home Department, State of Andhra Pradesh Andhra Pradesh Secretariat, Velagapudi Amaravathi. The Superintendent of Police, Bapatia District. The Station House Officer, II Town police station, Chirala. One CC to Sri M. Sapthagiri, Advocate [OPUC] Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] Two CD Copies 2. 3. 4. 5. 6. Cnr HIGH COURT DATED:02/09/2025 ORDER WP NO. 23420 OF 2025 g 16 SEP 2025 fc)V m Co ^ Current section ^ 4>^!gSPATCV\^5^ DISPOSING OF THE W.P. WITHOUT COSTS