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2025 DAILYLAW 32457 (AP)

Geeta Prachara Vidya Nilayam, v. The State of Andhra Pradesh

WP/24487/2025 · 2025-09-11

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010479422025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY,THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION Between: 1. Geeta Prachara Vidya Nilayam,, Represented by its Chairman Akula Adinarayana, S/o. Buchiyya, Aged about 55 years, Machavaram, Ambajipeta Mandal Dr. B.R. Amedkar Konaseema District 1. The State of Andhra Pr Home Department, Secretariat Buildings, Velagapudi, Amaravati 2. The District Collector and District Magistrate, Dr. B.R. Amedkar Konaseema District, Andhra Pradesh. 3. The Superintendent of Police, Dr. B.R. Andhra Pradesh 4. The Deputy Superintendent of Police, Dr. B.R. Amedkar Konaseema District, Andhra Pradesh 5. The Station House Officer, Amalapuram Police Station Dr. B.R.Ambedkar Konaseema District. 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 24487 OF 2025 1. Geeta Prachara Vidya Nilayam,, Represented by its Chairman Akula Adinarayana, S/o. Buchiyya, Aged about 55 years, Machavaram, Ambajipeta Mandal Dr. B.R. Amedkar Konaseema District ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Home Department, Secretariat Buildings, Velagapudi, Amaravati 2. The District Collector and District Magistrate, Dr. B.R. Amedkar Konaseema 3. The Superintendent of Police, Dr. B.R. Amedkar Konaseema District, 4. The Deputy Superintendent of Police, Dr. B.R. Amedkar Konaseema 5. The Station House Officer, Amalapuram Police Station Dr. B.R.Ambedkar IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. Geeta Prachara Vidya Nilayam,, Represented by its Chairman Akula Adinarayana, S/o. Buchiyya, Aged about 55 years, Machavaram, Ambajipeta ...Petitioner adesh, Represented by its Principal Secretary, 2. The District Collector and District Magistrate, Dr. B.R. Amedkar Konaseema Amedkar Konaseema District, 4. The Deputy Superintendent of Police, Dr. B.R. Amedkar Konaseema 5. The Station House Officer, Amalapuram Police Station Dr. B.R.Ambedkar 2 6. Buragayala Aravind Ghosh, S/o. late Venkata Rao Aged about 60 years, Occ R/o.D.No.9-1-25, S.V. Residency, 500, N.T.R. Marg, Amalarapuram, Dr. B.R. Amedkar Konaseema District, Andhra Pradesh. 7. Arigela Veera Venkata Satya Naidu, S/o. Sriram Murthy, Aged about 55 years, Occ R/o.D.No.9-1-88/6, Surya Krishna Nagar, Amalarapuram, Dr. B.R. Amedkar Konaseema District, Andhra Pradesh. ...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 Order or direction particularly, one in the nature of writ of Mandamus declaring the action of respondents 6 and 7 in making efforts in dispossessing the petitioner from the petitioner Trust situated in D.No.9-1-9/4, Near Red Bridge, Amalapuram, Dr. B.R. Amedkar Konaseema District, as illegal, arbitrary and violation of principles of natural justice and violation of Articles 14, 21 and 300A of the Constitution of India and consequently direct the respondents 6 and 7 not to interfere into the peaceful possession of the petitioner Trust situated in D.No.9-1-9/4, Near Red Bridge, Amalapuram, Dr. B.R. Amedkar Konaseema District, except by following due process of law 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 6 and 7 not to interfere into the peaceful possession of the petitioner Trust situated in D.No.9-1-9/4, Near Red Bridge, Amalapuram, Dr. B.R. Amedkar Konaseema District, except by following due process of law Counsel for the Petitioner: K GANI REDDY Counsel for the Respondents: GP FOR HOME Counsel for the Respondents:GP FOR REVENUE 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 24487 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 Order or direction particularly, one in the nature of writ of Mandamus declaring the action of respondents 6 and 7 in making efforts in dispossessing the petitioner from the petitioner Trust situated in D.No.9-1-9/4, Near Red Bridge, Amalapuram, Dr. B.R. Amedkar Konaseema District, as illegal, arbitrary and violation of principles of natural justice and violation of Articles 14, 21 and 300A of the Constitution of India and consequently direct the respondents 6 and 7 not to interfere into the peaceful possession of the petitioner Trust situated in D.No.9-1-9/4, Near Red Bridge, Amalapuram, Dr. B.R. Amedkar Konaseema District, except by following due process of law....” 2. Heard Sri K.Gani Reddy, learned Counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents. 3. The learned counsel for the petitioner submitted that the petitioner had filed O.S. No.51 of 2020 dated 13.02.2020 on the file of the Principal Junior Civil Judge, Amalapuram, seeking permanent injunction in respect of the subject property. Initially, an order of injunction was granted, but the same was not extended thereafter. He submits that taking advantage of this, respondent Nos.6 and 7 are attempting to dispossess the petitioner from the subject property. 4 4. On the other hand, the learned Assistant Government Pleader submits that no relief has been sought or can be granted against the official respondents in this matter, as the allegations are directed against the unofficial respondents, namely respondent Nos.6 and 7. 5. Having considered the submissions of both sides and perused the material on record, this Court finds that no subsisting injunction order in favour of the petitioner has been placed before this Court in the pending civil suit. In the absence of such material, this Court is not inclined to issue any direction against the unofficial respondents. Accordingly, the Writ Petition is dismissed. However, it is made clear that the petitioner is at liberty to pursue the remedies available before the competent civil court where the suit is already pending. As a sequel thereto, miscellaneous petitions pending if any, shall stands closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 12.09.2025 KKV 5 33 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 24487 OF 2025 12.09.2025 KKV