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2025 DAILYLAW 31641 (AP)

PITTA RAMBABU v. THE STATE OF AP

WP/23451/2025 · 2025-09-01

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010462872025 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: 23451 OF 2025 Between: 1. Pitta Rambabu, S/o P.Guraiah, Aged About 39 years, R/o D.No.9-110, Rickshaw Colony, S.S.S Nagar, Madhuravada, Visakhapatnam (rural Mandal), Pothinamallayya palem, Visakhapatnam District. 2. Pitta Appalaguruvulu, S/o Ramulappadu, Aged 41 years, Denkada Village, Pedatadivada,Vizianagaram . 3. Pitta Bangaramma, W/o Ramulappadu Aged 75 years, B.C Colony Denkada,Pedatadiwada post, Vizianagaram 4. Jada Bangaramma, D/o Pitta Ramulappadu,W/o Jada Lakshman Aged 46 years, Denkada, Pedatadiwada post, Vizianagaram 5. Duvvu Rama, W/o Duvvu Ramu, D/o Ramulappadu Aged 36 years, R/o H.No 1-63, Annavararn Bheemunipatnam, Visakhapatnam. 6. Palla Ramulamma, W/o Appanna, Aged 41 years, D.No-18-165 Gollapeta, Parapuram, Pusapatirega, Vizianagaram District. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Andhra Pradesh Secretariat, Velagapudi, Amaravathi. 2. The Superintendent of Police, C/o Ambati Satram, Vizianagaram, Vizianagaram District, PIN: 535002 3. The Station House Officer, Bhogapuram town Police Station, Bhogapuram, Vizianagaram District, Andhra Pradesh. 4. The Durgaprasad, S/o Not known to the petitioner. Station House officer, Bhogapuram Police station Vizianagarm District. 5. The Tahasildar, Bhogapuram Mandal Vizianagaram District. ...Respondents Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order or direction particularly one in the nature of writ of mandamus declaring the action of the respondents particularly Respondents No 3 and 4 in interfering in civil matters relating Survey Nos. Sy .No. 183/4C, 183/3C, 169/31,169/40,170/1,183/3a, 172/4,172/5c an extent of 8 Acres of thotapalli village of Kogavanipalem Bhogapuram Mandal of Vizianagaram District revenue village, arbitrary, illegal, 21, and 300-A of the and 4**^ respondents not as unconstitutional and violative of Articles 14, 16 constitution of India and consequently direct the 3 to interfere in the civil disputes. lA NO: 1 OF 2025 rd Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No.3 and 4 not to interfere into the civil matters and relating Survey Nos. Sy. No. 183/4C, 183/3C, 169/31,169/40,170/1,183/3a, 172/4,172/5c an extent of 8 Acres of thotapalli village of Kogavanipalem Vizianagaram District pending disposal of the writ petition. Counsel for the Petitioners: SRI M. SAPTHAGIRI revenue village, Bhogapuram Mandal of Counsel for the Respondent No’s. 1 & 3: GP FOR HOME Counsel for the Respondent No.4: -- Counsel for the Respondent No.5: GP FOR REVENUE The Court made the following order: APHC010462872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 23451/2025 Between: 1. PITTA RAMBABU, S/0 P.GURAIAH.AGED ABOUT 39 YEARS, R/O.D.NO;9-110, RICKSHAW COLONY, S.S.S MADHURAVADA,VISAKHAPATNAM(RURAL POTHINAMALLAYYA PALEM VISAKHAPATNAM DISTRICT. 2.PITTA APPALAGURUVULU, S/0 RAMULAPPADU, AGED 41 YEARS, DENKADA VILLAGE, PEDATADIVADA, VIZIANAGARAM. 3.PITTA BANGARAMMA, W/O.RAMULAPPADU AGED 75 YEARS, B.C COLONY DENKADA,PEDATADIWADA POST,VIZIANAGARAM 4.JADA BANGARAMMA, D/0 PITTA RAMULAPPADU,W/0 JADA LAKSHMAN AGED 46 YEARS, DENKADA, PEDATADIWADA POST,VIZIANAGARAM 5.DUVVU RAMA,, W/0 DUWU RAMU,D/0 RAMULAPPADU AGED 36 YEARS,R/0 H.NO 1-63,ANNAVARAM VISAKHAPATNAM. 6.PALLA RAMULAMMA, W/0 APPANNA ,AGED 41 YEARS, D.NO.18-165 GOLLAPETA,PARAPURAM,PUSAPATIREGA DISTRICT. NAGAR, MANDAL), BHEEMUNIPATNAM VIZIANAGARAM ...PETITIONER{S) AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, ANDHRA PRADESH SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2.THE SATRAM,VIZIANAGARAM, 535002 3.THE STATION HOUSE OFFICER, BHOGAPURAM TOWN POLICE STATION, BHOGAPURAM, VIZIANAGARAM DISTRICT, ANDHRA PRADESH. 4.THE DURGAPRASAD, S/0 NOT KNOWN TO THE PETITIONER. STATION HOUSE OFFICER, BHOGAPURAM POLICE STATION VIZIANAGARM DISTRICT. 5.THE TAHASILDAR, BHOGAPURAM MANDAL VIZIANAGARAM DISTRICT. SUPERNDENT OF C/O.AMBATI VIZIANAGARAM DISTRICT,PIN POLICE ...RESPONDENT(S): 2 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 order or direction particularly one in the nature of writ of mandamus declaring the action of the respondents particularly Respondents No.3 and 4 in interfering in civil matters relating Survev NOS.183/4C, 183/3C, 169/31,169/40,170/1,183/3a, 172/4,172/5c of 8 Acres of thotapalli village of Kogavanipalem revenue village, Bhogapuram Mandal of Vizianagaram District as arbitrary, illegal! unconstitutional and violative of Articles 14, 16, 21, .and 300-A of the constitution of India and consequently, direct the 3"'^ and 4“' respondents not to interfere in the civil disputes and pass an extent Counsel for the Petitioner(S): I.M. SAPTHAGIRI Counsel for the Respondent(S): 1.GP FOR HOME The Court made the following: ORDER: The instant Writ Petition is filed by the Petitioners seeking indulgence of this Court under Article 226 of the Constitution of India for the following relief: " .... to issue a writ order or direction particularly one in the nature of writ of mandamus declaring the action of the respondents particularly Respondents No.3 and 4 in interfering in civil matters ’relating Survey NOS.183/4C, 183/3C, 169/31,169/40,170/1,183/3a, 172/4,172/5c an extent of 8 Acres of thotapalli village of Kogavanipalem revenue village, Bhogapuram Mandal of Vizianagaram District as arbitrary, illegal! unconstitutional and violative of Articles 14, 16, 21, and 300-A of the constitution of India and consequently, direct the 3'^^ and 4^^ respondents not to interfere in the civil disputes and pass ...." 2. Heard Sri Sapthagiri Metta, learned counsel for the Petitioners and learned Assistant Government Pleader for Home Home. Perused the material on record. 3. Learned counsel for the Petitioner would submit that Petitioners are the absolute owners and possessors of the subject property, which is their ancestral appearing for Respondent 3 O property and that the said property was given on lease to third parties and used to collect lease rent by the father of the petitioner No.l herein. Further, the lease holders with an ill motive to grab the property, fabricated the records and forged the revenue records and obtained fake documents. Learned counsel would further submit that petitioner No.l made an application to respondent No.4 for conducting survey of the land. While cleaning the land on 05.02.2025 by the petitioners, respondent No.5 and hence men, came over to the subject land and objected for cleaning work. Learned counsel would further submit that respondent No.3 is calling the petitioners to the police station and interfering in the civil disputes and trying to settle the dispute with the third parties. Finally, learned counsel prays to dispose of this Writ Petition by passing appropriate orders. 4. On the other hand, learned Assistant Government Pleader for Home would submit that the Police never interfered in the civil disputes of the parties and did not call the petitioners to the Petitioners 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 Petitioners to the Police Station without there being any crime registered against them. Respondent Police shall follow due process of law, if any case is registered against the Petitioners. 4 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// ECTi FFICER To, 1. The Principal Secretary, Secretariat, Velagapudi, Amaravathi. 2. The Superintendent of Police, C/o Ambati Satram,Vizianagaram, Vizianagaram District, PIN 535002 3. The Station House Officer, Bhogapuram town Police Station, Bhogapuram, Vizianagaram District, Andhra Pradesh. 4. The Durgaprasad, Station House officer,Bhogapuram Police station Vizianagarm District. 5. The Tahasildar, Bhogapuram Mandal Vizianagaram District. 6. One CC to SRI. M. SAPTHAGIRI, Advocate [OPUC] 7. Two CCs to GP FOR HOME, High Court of Andhra Pradesh [OUT] 8. Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh [OUT] 9. Three CD Copies Home Department, Andhra Pradesh PRK HIGH COURT DATED:02/09/2025 ORDER WP NO. 23451 OF 2025 % - 16 SEP 2025 m % Current Section DISPOSING OF THE W.P. WITHOUT COSTS