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2025 DAILYLAW 38172 (AP)

Challa Jyothi, v. State of Andhra Pradesh,

WP/33725/2018 · 2025-07-16

Venkata Jyothirmai Pratapa

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Judgment text

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V APHC010698532018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 33725 OF 2018 Between; 1. Challa Jyothi, W/o. Ramesh, Aged; 35 years, Occ; Housewife, R/o. D.No.23-1-7/3, Challavari Kostalu, Kanigiri Road, Kandukur, Prakasam District. 2. Kakumani Rangamma, W/o. Venkateswarlu Housewife, Prakasam District. 3. Kunam Ademma, W/o. Pedda Narasimha Housewife, Prakasam District. Aged; 74 years, Occ; Kandukur, R/o. D.No.24-4-149, Gaddamvari Kostalu, Aged; 73 years, Occ; Kandukur, R/o. D.No.24-8-38, Janardhana Colony, ...PETITIONERS AND 1. State of Andhra Pradesh, Rep. by its Principal Secretary Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. Superintendent of Police, Prakasam District at Ongole. 3. Deputy Superintendent of Police, Kandukuru, Prakasam 4. Inspector of Police, Kandukur Rural Circle, District. 5. Station House Officer, Kandukur Police Station, Prakasam District. 6. Tahsildar, Kandukur Mandal, Prakasam District. to Home District. Kandukur, Prakasam ...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 issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents respondents 4 to 6 in insisting the petitioners to vacate from their house site properties admeasuring Ac. 0.04 Cents each particularly the respective bearing Plot Nos. 49/C, 50/C and 51/C in Survey No. 297/1, situated in Kandukur Revenue Village in Kandukur Mandal of Prakasam District, granted in favour of petitioners vide Proceedings in Rc.No. 286/1998, dated 23.12.1998, 286/2000, dated 14.07.2000 and 286/2000, dated. 10.09.2000 respectively issued by predecessor-in-Office of the 6‘^ respondent irrational, arbitrary, without jurisdiction, violative of Articles as illegal, irregular, 14 and 21 of respondents particularly the respondents 4 to 6 not to interfere in any manner with petitioners possession over their said house site properties. Constitution of India and consequently direct the lA NO: 1 OF 2ni« Petition under Section 151 CPC in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to interfere in any manner with petitioners possession over their respective house site properties admeasuring Ac. 0.04 cents each bearing Plot Nos. 49/C, 50/C praying that in the circumstances stated and 51/C in Survey No. 297/1, situated in Kandukur Revenue Village in Kandukur Mandal of Prakasam District, pending disposal of the main Writ Petition. Counsel for the Petitioners: SRI SARATH KUMAR Counsel for the Respondent Nos.1 to 5: GP FOR HOME Counsel for the Respondent No.6: GP FOR REVENUE The Court made the following order: D r APHC010698532018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 33725/2018 Between; AGED . 35 YEARS, OCC. W/0. RAMESH, D.NO.23-1-7/3, CHALLAVARl KOSTALU 1.CHALLA JYOTHl HOUSEWIFE, KANIGIRI ROAD, KANDUKUR, PRAKASAM DISTRICT. R/0. AGED . 74 2.KAKUMANI RANGAMMA,, W/0. VENKATESWARLU, YEARS, OCC . HOUSEWIFE, R/0. D.NO.24-4-149, GADDAMVARI KOSTALU, KANDUKUR, PRAKASAM DISTRICT. 3.KUNAM ADEMMA,, W/0. PEDDA NARASIMHA, AGED . 73 YEARS, OCC . HOUSEWIFE, R/0. D.NO.24-8-38, JANARDHANA COLONY, KANDUKUR, PRAKASAM DISTRICT. ...PETITIONER(S) AND REP. BY ITS PRINCIPAL HOME DEPARTMENT, SECRETARIAT, 1. STATE OF ANDHRA PRADESH SECRETARY TO VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. SUPERINTENDENT OF POLICE, PRAKASAM DISTRICT AT ONGOLE. 3.DEPUTY SUPERINTENDENT PRAKASAM DISTRICT. 4.INSPECTOR OF POLICE, KANDUKUR RURAL CIRCLE, KANDUKUR PRAKASAM DISTRICT. 5. STATION HOUSE OFFICER, KANDUKUR POLICE STATION OF POLICE, KANDUKURU 2 PRAKASAM DISTRICT. 6.TAHSILDAR. KANDUKUR MANDAL, PRAKASAM DISTRICT. ...RESPONDENT(S): 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 to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents particularly the respondents 4 to 6 in insisting the petitioners to vacate from their respective house site properties admeasuring Ac. 0.04 Cents each, bearing Plot Nos. 49/C, 50/C and 51/C in Survey No. 297/1, situated in Kandukur Revenue Village in Kandukur Mandal of Prakasam District, granted in favour of petitioners vide Proceedings in Rc.No. 286/1998, dated 23.12.1998, 286/2000, dated 14.07.2000 and 286/2000, dated. 10.09.2000 respectively issued by predecessor-in-Office of the 6th respondent, as illegal, irregular, irrational, arbitrary, without jurisdiction, violative of Articles 14 and 21 of Constitution of India and consequently direct the respondents particularly the respondents 4 to 6 not to interfere in any manner with petitionerspossession over their said house site properties and pass lANO: 1 OF 2018 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 to direct the respondents not to interfere in any manner with petitioners possession over their respective house site properties admeasuring Ac. 0.04 cents each bearing Plot Nos. 49/C, 50/C and 51/C in Survey No. 297/1, situated in Kandukur Revenue Village in Kandukur Mandal of Prakasam District, pending disposal of the main Writ Petition and pass lANO: 1 OF 2019 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 to permit the petitioner to impleaded as Parties/Proposed 7th respondent in writ Petition No. 33725 of 2018 and also pending miscellaneous petitions therein, in the interest of justice and pass Counsel for the Petitioner(S): 1.SARATH KUMAR D 3 Counsel for the Respondent(S); 1.GP FOR HOME (AP) 2.GP FOR REVENUE (AP) The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer; ‘‘....to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents particularly the respondents 4 to 6 in insisting the petitioners to vacate from their respective house site properties admeasuring Ac. 0.04 Cents each, bearing Plot Nos. 49/C, 50/C and 51/C in Survey No. 297/1, situated in Kandukur Revenue Village in Kandukur Mandal of Prakasam District, granted in favour of petitioners vide Proceedings in Rc.No. 286/1998, dated 23.12.1998, 286/2000, dated 14.07.2000 and 286/2000, dated. 10.09.2000 respectively issued by predecessor-in-Office of the 6th respondent, as illegal, irregular, irrational, arbitrary, without jurisdiction, violative of Articles 14 and 21 of Constitution of India and consequently direct the respondents particularly the respondents 4 to 6 not to interfere in any manner with petitioners possession over their said house site properties and pass....” Heard Sri Sarath Kumar.D, learned counsel for the petitioners and Sri V.Farook, learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioners would submit that the police interfering in the civil dispute between the petitioners and the unofficial respondents . Learned Assistant Government Pleader for Home and Revenue would submit that there is civil dispute between the parties and the respondent Nos.4 to 6 are not interfering in the said issue. Learned counsel for the petitioners would submit that recording the same, this Writ Petition is disposed of. 2. are 4. 5. 5 Recording the same, this writ petition is disposed of. There shall be no 5. order as to costs. As a sequel thereto , miscellaneous petitions pending, if any, shall stand closed. SD/- G. HELA NAIDU ASSISTANT REGtSTRAR // ^ ^SECTION OFFICER //true copy// To, to Home Department, state of Andhra Pradesh, 1 The Principal Secretary Secretariat, Velagapudi 2. The Superintendent of Police, Prakasam 3 The Deputy Superintendent of Police, 4. The inspector of Police, Kandukur Rural Circle Amaravathi, Guntur District. District at Ongole. Kandukuru, Prakasam District. , Kandukur, Prakasam District. 5 The Station House Officer, Kandukur Police Station Kandukur Mandal, Prakasam District. D, Advocate [OPUC] of Andhra Pradesh [OUT] Court of Andhra Pradesh [OUT] Prakasam District. 6. Tahsildar 7. One CC to Sri Sarath Kumar GP for Home, High Court 8. Two CCs to 9. Two CCs to 10.Two CD Copies. GP for Revenue, High ssb A ■ ■ HIGH COURT DATED:17/07/2025 ORDER WP No.33725 OF 2018 DISPOSING OF THE W.P. WITHOUT COSTS