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2025 DAILYLAW 31762 (AP)

KULUMALA ESWARAIAH v. THE STATE OF AP

WP/23818/2025 · 2025-09-15

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010464932025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) TUESDAY,THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 23818 OF 2025 Between: 1. KULUMALA ESWARAIAH, S/o Late Kulumala Thimmaiah, aged about 60 years, Cultivation, R/o Kanamadakala Village, Orvakal Mandal, Kurnool District, Andhra Pradesh. 2. Kulumala Nagaraju, S/o Late Kulumala Thimmaiah, aged Cultivation, R/o Kanamadakala Village, Orvakal Mandal, Kurnool District, Andhra Pradesh. 1. THE STATE OF AP, Rep. by its PrI. Secretary, Home Department, AP Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Superintendent of Police, Kurnool District, Andhra Pradesh. 3. The Deputy Superintendent of Police, Kurnool District, Andhra Pradesh. 4. The Inspector of Police, Kurnool Rural Police St 5. The SubInspector of Police, Orvakal 6. K Venkata Ramireddy, S/o Eswar Reddy, aged about 50 years, R/o 45/142-A-7-3, Road No-4, Venkataramana Colony, Kurnool District, AP. Nunepalli Getha Saraswathi W/o N. Vijaya Bhaskar, House 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA PETITION NO: 23818 OF 2025 1. KULUMALA ESWARAIAH, S/o Late Kulumala Thimmaiah, aged about 60 years, Cultivation, R/o Kanamadakala Village, Orvakal Mandal, Kurnool 2. Kulumala Nagaraju, S/o Late Kulumala Thimmaiah, aged about 62 years. Cultivation, R/o Kanamadakala Village, Orvakal Mandal, Kurnool District, ...Petitioners AND 1. THE STATE OF AP, Rep. by its PrI. Secretary, Home Department, AP Secretariat, Velagapudi, Amaravati, Guntur District. Superintendent of Police, Kurnool District, Andhra Pradesh. 3. The Deputy Superintendent of Police, Kurnool District, Andhra Pradesh. 4. The Inspector of Police, Kurnool Rural Police Station, Kurnool District, AP. 5. The SubInspector of Police, Orvakal Police Station, Kurnool District, AP. 6. K Venkata Ramireddy, S/o Eswar Reddy, aged about 50 years, R/o 4, Venkataramana Colony, Kurnool District, AP. Nunepalli Getha Saraswathi W/o N. Vijaya Bhaskar, House-wife, Aged about IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. KULUMALA ESWARAIAH, S/o Late Kulumala Thimmaiah, aged about 60 years, Cultivation, R/o Kanamadakala Village, Orvakal Mandal, Kurnool about 62 years. Cultivation, R/o Kanamadakala Village, Orvakal Mandal, Kurnool District, ...Petitioners 1. THE STATE OF AP, Rep. by its PrI. Secretary, Home Department, AP 3. The Deputy Superintendent of Police, Kurnool District, Andhra Pradesh. ation, Kurnool District, AP. tation, Kurnool District, AP. 6. K Venkata Ramireddy, S/o Eswar Reddy, aged about 50 years, R/o 4, Venkataramana Colony, Kurnool District, AP. wife, Aged about 2 68 years Housing Board Colony, Nandikotkur town, Nandikotkur Mandal, Kurnool District, Andhra Pradesh 7. Nunepalli Getha Saraswathi, W/o N. Vijaya Bhaskar, House-wife, Aged about 68 years Housing Board Colony, Nandikotkur town, Nandikotkur Mandal, Kurnool District, Andhra Pradesh. 8. Mallapuram Ramudu, S/o. Late Hanumanth, Aged about 53 years, Agriculturist, Kanamadakala Village, Orvakallu Mandal, Kurnool District, AP ...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 pleased to issue Writ or Order or Direction more particularly in the nature of WRIT OF MANDAMUS by declaring the action of the respondents in interfering with the subject matter of Civil Property dispute between the parties pending Interim Injunction petition I.A. No. 219 OF 2022 in O.S.NO 724 Of 2022 on the file of III Additional Junior Civil Judge at Kurnool by restraining the petitioners and their agriculture labors from entering into the land doing cultivation works in the agriculture landed property to an extent of Ac 07. 50 cents in S.NO 98/A of Orvakal Village and mandal of Kurnool District is illegal, unjust, arbitrary and voilative of Article 21 of the Constitution of India and against to the Judgments of Honorable High Court of Andhra Pradesh and consequently to direct the 2ND respondent to consider the representation dated 22.07.2024 and the complaint given in the Spandana Grievance Cell dated 25.11.2024 under the grievance number KUR202411258279 and to direct the respondent no to interfere with the civil property dispute pending injunction proceedings and also to take legal action against the 6th respondent as per law and pass 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 3 pleased to direct the 2ND respondent to consider the complaint in Spandana Grievance Cell under Grievance number KUR202411258279 dated 25.11.2024 and the representation dated 22.07.2024 pending disposal of the above writ petition and pass Counsel for the Petitioners: SRINIVASULU P Counsel for the Respondents: GP FOR HOME The Court made the following order: 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 23818 OF 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue Writ or Order or Direction more particularly in the nature of WRIT OF MANDAMUS by declaring the action of the respondents in interfering with the subject matter of Civil Property dispute between the parties pending Interim Injunction petition I.A. No. 219 OF 2022 in O.S.NO 724 Of 2022 on the file of III Additional Junior Civil Judge at Kurnool by restraining the petitioners and their agriculture labors from entering into the land doing cultivation works in the agriculture landed property to an extent of Ac 07. 50 cents in S.NO 98/A of Orvakal Village and mandal of Kurnool District is illegal, unjust, arbitrary and voilative of Article 21 of the Constitution of India and against to the Judgments of Honorable High Court of Andhra Pradesh and consequently to direct the 2ND respondent to consider the representation dated 22.07.2024 and the complaint given in the Spandana Grievance Cell dated 25.11.2024 under the grievance number KUR202411258279 and to direct the respondent no to interfere with the civil property dispute pending injunction proceedings and also to take legal action against the 6th respondent as per law and pass....” 2. Heard Sri P.Srinivasulu, 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 complaint dated 22.07.2024 and the complaint given in the Spandana Grievance Cell dated 25.11.2024 under the grievance number KUR202411258279 given by the petitioner. 5 4. Learned Assistant Government Pleader for Home would submit that since the subject matter is civil in nature, the police authorities are not interfering in the civil disputes. 5. Considering the submissions of both learned counsel, since civil disputes are admittedly pending between the parties, FIR was not registered. This Court is therefore of the opinion that no further orders are required to be passed in this writ petition. 6. Accordingly, this Writ Petition is disposed of, granting liberty to the petitioner to work out his remedies before the concerned Court where the said case is pending, in accordance with law. There shall be no order as to costs. As a sequel thereto, pending miscellaneous petitions if any, shall stands closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 16.09.2025. KKV 6 87 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 23818 OF 2025 16w.09.2025 KKV