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2025 DAILYLAW 31959 (AP)

POKA KISHORE v. THE STATE OF AP

WP/24909/2025 · 2025-09-17

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010468602025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY,THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 24909 OF 2025 Between: 1. POKA KISHORE, S/o. Krishnayya, Aged 39 years, Occ D.No.10-105, Rice mill road, Ganapavaram Village and Mandal West Godavari District. 1. THE STATE OF AP, Represented by its Princi Department, Secretariat Buildings, Velagapudi, Thullur Mandal, Amaravati, Guntur District 2. The Superintendent of Police, Prakasam District, Ongole. 3. The Deputy Superintendent of Police, The Deputy Superintendent of Police, Kanigiri Division, Kanigiri, Prakasam District. 4. Circle Inspector of Police, Pamuru Police Station, Prakasam District. 5. SubInspector of Police, Pamuru Police Station, Prakasam District. 6. Sri Bheema Naik, Circle Inspector of Police Pamuru Police Statio Prakasam District. 7. Sri T Kishore, Sub-Inspector of Police, Pamuru Police Station, Prakasam District. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA PETITION NO: 24909 OF 2025 1. POKA KISHORE, S/o. Krishnayya, Aged 39 years, Occ- Business, R/o. 105, Rice mill road, Ganapavaram Village and Mandal West ...Petitioner AND 1. THE STATE OF AP, Represented by its Principal Secretary, Home Department, Secretariat Buildings, Velagapudi, Thullur Mandal, Amaravati, 2. The Superintendent of Police, Prakasam District, Ongole. 3. The Deputy Superintendent of Police, The Deputy Superintendent of Police, iri Division, Kanigiri, Prakasam District. 4. Circle Inspector of Police, Pamuru Police Station, Prakasam District. 5. SubInspector of Police, Pamuru Police Station, Prakasam District. 6. Sri Bheema Naik, Circle Inspector of Police Pamuru Police Statio Inspector of Police, Pamuru Police Station, Prakasam IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY,THE EIGHTEENTH DAY OF SEPTEMBER THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA Business, R/o. 105, Rice mill road, Ganapavaram Village and Mandal West ...Petitioner pal Secretary, Home Department, Secretariat Buildings, Velagapudi, Thullur Mandal, Amaravati, 3. The Deputy Superintendent of Police, The Deputy Superintendent of Police, 4. Circle Inspector of Police, Pamuru Police Station, Prakasam District. 5. SubInspector of Police, Pamuru Police Station, Prakasam District. 6. Sri Bheema Naik, Circle Inspector of Police Pamuru Police Station, Inspector of Police, Pamuru Police Station, Prakasam 8. Poka Suseela, W/o. PokaRamaniah (late). Aged 65 years, R/o. Flat No. 102, D.No.55-8-33/12,SitammaDhara, KRM colony,Visakhapatnam, Visakhapatnam District. 9. Vemuri Ramakrishna, S/o.VemuriKondaiah, Aged 59 years R/o. Nuchupoda Village, Pamuru Mandal, Prakasam District. 10. Vemuri Srinivas Rao, S/o. VemuriKondaiah, Aged 61 years R/o. Nuchupoda Village, Pamuru Mandal,Prakasam District. ...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 a writ or direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the Police Authorities in interfering in civil disputes and the petitioners peaceful possession and enjoyment of his properties in the Petitioners agricultural land in Sy.No.13-2 to an extent of Ac.0-15 cents, Sy.No. 13-3 to an extent of Ac.O- 39 cents, Sy.No. 13-4 to an extent of Ac.0-84 cents, Sy.No. 13-5 to an extent of Ac.0- 36 cents, Sy.No. 13-6 to an extent of Ac.0-36 cents, Sy.No. 13-7 to an xtent of Ac.0-52 cents, Sy.No. 13-8 to an extent of Ac.0-26 cents, Sy.No. 13- 9 to an extent of Ac.0-51 cents, Sy.No. 13-10 to an extent of Ac. 0-48 cents total to an extent of Ac. 7-85 cents situated at Tiragandladinne Village, Pamuru Mandal, Prakasam District and harassing and confining the petitioner in the police station by saying that they will foist false cases against him as illegal and unconstitutional and violation of Articles 14, 21 and 300-A of the Constitution of India apart from violation of Principles of Natural Justice and consequently direct the respondents not to interfere with the Petitioners peaceful possession and enjoyment of his property in Sy.No.13-2 to an extent of Ac.0-15 cents, Sy.No. 13-3 to an extent of Ac.0-39 cents, Sy.No. 13-4 to an extent of Ac.0-84 cents, Sy.No. 13-5 to an extent of Ac.0-36 cents, Sy.No. 13- 6 to an extent of Ac.0-36 cents, Sy.No. 13-7 to an extent of Ac.0-52 cents, Sy.No. 13-8 to an extent of Ac.0-26 cents, Sy.No. 13-9 to an extent of Ac.0-51 cents, Sy.No. 13-10 to an extent of Ac. 0-48 cents total to an extent of Ac. 7- 85 cents situated at Tiragandladinne Village, Pamuru Mandal, Prakasam District by any manner 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 pleased to direct the respondents not to harass the petitioner and not to interfere with the peaceful life and enjoyment of the Petitioners agricultural lands in in Sy.No. 13-2 to an extent of Ac.0-15 cents, Sy.No. 13-3 to an extent of Ac.0-39 cents, Sy.No. 13- 4 to an extent of Ac.0-84 cents, Sy.No. 13-5 to an extent of Ac.0-36 cents, Sy.No. 13-6 to an extent of Ac.0-36 cents, Sy.No. 13-7 to an extent of Ac.0-52 cents, Sy.No. 13-8 to an extent of Ac.0-26 cents, Sy.No. 13-9 to an extent of Ac.0-51 cents, Sy.No. 13-10 to an extent of Ac. 0- 48 cents total to an extent of Ac. 7-85 cent situated at Tiragandladinne Village pamuru Mandal Prakasam District without following due process of law and pass Counsel for the Petitioner: RAMBABU KOPPINEEDI Counsel for the Respondents: GP FOR HOME The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 24909 OF 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: “…..Pleased to issue a writ or direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the Police Authorities in interfering in civil disputes and the petitioners peaceful possession and enjoyment of his properties in the Petitioners agricultural land in Sy.No.13-2 to an extent of Ac.0-15 cents, Sy.No. 13-3 to an extent of Ac.O- 39 cents, Sy.No. 13-4 to an extent of Ac.0-84 cents, Sy.No. 13-5 to an extent of Ac.0-36 cents, Sy.No. 13-6 to an extent of Ac.0-36 cents, Sy.No. 13-7 to an xtent of Ac.0-52 cents, Sy.No. 13-8 to an extent of Ac.0-26 cents, Sy.No. 13- 9 to an extent of Ac.0-51 cents, Sy.No. 13-10 to an extent of Ac. 0-48 cents total to an extent of Ac. 7-85 cents situated at Tiragandladinne Village, Pamuru Mandal, Prakasam District and harassing and confining the petitioner in the police station by saying that they will foist false cases against him as illegal and unconstitutional and violation of Articles 14, 21 and 300-A of the Constitution of India apart from violation of Principles of Natural Justice and consequently direct the respondents not to interfere with the Petitioners peaceful possession and enjoyment of his property in Sy.No.13-2 to an extent of Ac.0-15 cents, Sy.No. 13-3 to an extent of Ac.0-39 cents, Sy.No. 13-4 to an extent of Ac.0-84 cents, Sy.No. 13-5 to an extent of Ac.0-36 cents, Sy.No. 13- 6 to an extent of Ac.0-36 cents, Sy.No. 13-7 to an extent of Ac.0-52 cents, Sy.No. 13-8 to an extent of Ac.0-26 cents, Sy.No. 13-9 to an extent of Ac.0-51 cents, Sy.No. 13-10 to an extent of Ac. 0-48 cents total to an extent of Ac. 7-85 cents situated at Tiragandladinne Village, Pamuru Mandal, Prakasam District by any manner and pass……” 2. Sri Rambabu Koppineedi, learned counsel for the petitioner would submit that as per the instructions from the party, they wanted to withdraw this Writ Petition. 3. Learned counsel for the respondents is in attendance. 4. Recording the submission made, the Writ Petition is dismissed as withdrawn. 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: 18.09.2025 KKV THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 24909/2025 Dt.18.09.2025 KKV