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APHC010563192024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI
WRIT PETITION NO: 29384/2024
Between:
1. PUJARI SATISH, S/O. MALLAIAH, AGED ABOUT 36 YEARS, R/O. D.NO.3-27, GOPANNAPALEM VILLAGE, DENDULURU MANDAL, ELURU DISTRICT, ANDHRA PRADESH, CURRENTLY RESIDING AT BERAMGUDA, HYDERABAD TELANGANA STATE. ...PETITIONER
AND
1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY,
DEPARTMENT FOR HOME, SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE, THULLUR MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE SUPERINTENDENT OF POLICE, ELURU DISTRICT AT ELURU. 3. THE DIVISIONAL SUPERINTENDENT OF POLICE, NUZVID SUB-DIVISION, NUZVID, ELURU DISTRICT, ANDHRA PRADESH. 4. THE INSPECTOR OF POLICE, PEDAVEGI CIRCLE, PEDAVEGI VILLAGE, PEDAVEGI MANDAL, ELURU DISTRICT, ANDHRA PRADESH. 5. THE STATION HOUSE OFFICER, DENDULURU POLICE STATION, DENDULURU VILLAGE, DENDULURU MANDAL, ELURU DISTRICT, ANDHRA PRADESH. 2
6. SIYYADRI BALA BALAJI, S/O. NOOKARAJU, AGED ABOUT 42 YEARS, R/O. D.NO.20A-6-13, KOTHAPETA, ELURU CITY, ELURU DISTRICT, ANDHRA PRADESH. 7. KUNKULLA ATCHARAO, S/O. LATE VENKATESWARA RAO, AGED ABOUT 50 YEARS, R/O.
GOPANNAPALEM VILLAGE, DENDULURU MANDAL, ELURU DISTRICT, ANDHRA PRADESH. 8. KUNKULLA RAMBABU, S/O. LATE VENKATESWARA RAO, AGED ABOUT 63 YEARS, R/O.
GOPANNAPALEM VILLAGE, DENDULURU MANDAL, ELURU DISTRICT, ANDHRA PRADESH. 9. KUNKULLA POTHURAJU, S/O. LATE VENKATESWARA RAO, AGED ABOUT 66 YEARS, R/O. GOPANNAPALEM VILLAGE, DENDULURU MANDAL, ELURU DISTRICT, ANDHRA PRADESH. ...RESPONDENT(S): Counsel for the Petitioner:
1. MADHAVA RAO NALLURI Counsel for the Respondent(S):
1.
GP FOR HOME
The Court made the following:
3 THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI
WRIT PETITION No.29384 OF 2024
O R D E R:
This writ petition under Article 226 of the Constitution of India is filed for the following relief:
“…to issue a writ order or orders more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.5 in interfering with the petitioners peaceful possession and enjoyment of the subject matter property i.e., RCC Building constructed in an area admeasuring 296 Square Yards situated at Sy.No.296/4, Gopannapalem Village, Denduluru Mandal, Eluru District, at the instance of respondents No.6 to 9, as illegal, arbitrary and violative of Articles 21 and 300-A of the Constitution of India and consequently direct the respondent No.5 not to interfere with the petitioners peaceful possession and enjoyment of the the subject matter property i.e., RCC Building constructed in an area admeasuring 296 Square Yards situated at Sy.No.296/4, Gopannapalem Village, Denduluru Mandal, Eluru District, and pass....”
2. Heard Sri Madhava Rao Nalluri, learned counsel for the petitioner and learned Additional Government Pleader for Home. 3. Learned Additional Government Pleader for Home on written instructions would submit that the preliminary enquiry of the police would reveal that it is civil dispute, and police will never
4 interfere in civil disputes, and they will follow procedure established by law. 4. The submissions of learned Additional Government Pleader for Home are placed on record. 5. In that view of the matter, this Court is of the considered opinion that the writ petition can be closed at the stage of admission without going into merits of the case. 6. Accordingly, the Writ Petition is closed at the stage of admission. There shall be no order as to costs. As a sequel thereto, the interlocutory applications, if any, pending in this Writ Petition shall stand closed. ______________________________ JUSTICE B.V.L.N. CHAKRAVARTHI
06.02.2025.
Pmk
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THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI
WRIT PETITION No: 29384 OF 2024
Date:06.02.2025 Pmk