APHC010910362018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] THURSDAY, THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 44008/2018 Between: 1. SRI KUNCHMAMBA RAJAKA MAHILA COOPERATIVE SOCIETY, REGD. NO.B-52/2004, VADLAPUDI GAJUWAKA, VISAKHAPATNAM, REP. BY ITS SECRETARY,M. DEMUDAMMA. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, HOME DEPARTMENT, SECRETARIAT BUILDINGS, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. REP. BY ITS PRINCIPAL SECRETARY. 2. THE SPECIAL DEPUTY COLLECTOR LA, VISAKHAPATNAM STEEL PLANT. VISAKHAPATNAM. 3. THE SUBINSPECTOR OF POLICE, DUVVADA POLICE STATION, VISAKHAPATNAM. 4. SAMOJU SHANKAR RAO, S/O ACHARI,AGED ABOUT 58 YEARS, R/O D.NO.30-22-14, VADLAPUDI RH COLONY, SARABULA STREET, VISAKHAPATNAM-530046. 5. SAMOJU APPALA RAJU, S/O ACHARI,AGED 50 YEARS, R/O D.NO.30-26-3/1, VADLAPUDI RH COLONY, SARABULA STREET, VISAKHAPATNAM-530046. 2 6. SAMOJU VARAHALU, S/O ACHARI,AGED ABOUT 35 YEARS, R/O D.NO.30-22-12,VADLAPUDI RH COLONY, SARABULA STREET, VISAKHAPATNAM-530046. ...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 issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the 3rd respondent in not taking action against the respondent Nos. 4 to 6 in accordance with law for criminal trespass into the land belongs to the petitioner society with an extent of 500 Sq. yards situated at Vadlapudi RHC Sector-I and III is illegal, arbitrary and in violation Articles 14 and 21 and 300-A of the Constitution of India and consequently direct the 3rd respondent not to dispossess the members of the petitioners with an extent of 500 Sq. yards situated at Vadlapudi RHC Sector-I and III at the instance of the respondent Nos.4 to 6 and pass IA NO: 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 3rd respondent not to dispossess the members of the petitioners with an extent of 500 Sq. yards situated at Vadlapudi RHC Sector-I and III at the instance of the respondent Nos.4 to 6 pending disposal of the writ petition, and pass Counsel for the Petitioner: 1. V V N NARAYANA RAO Counsel for the Respondent(S): 1. GP FOR HOME (AP) 2. GP FOR LAND ACQUISITION (AP) 3. A V S LAXMI 3 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI WRIT PETITION NO: 44008 of 2018 The Court made the following Order: Heard learned counsel for the petitioner and learned Additional Government Pleader representing the State. 2. Learned Additional Government Pleader on written instructions would submit that the preliminary enquiry of the Police would reveal that the issue involved in the present Writ Petition is of civil in nature and therefore, they will not interfere in such civil dispute. 3. In that view of the matter, this Court is of the considered opinion that this Court cannot conduct a roving enquiry into the civil disputes under Article 226 of the Constitution of India, as laid down by the Hon’ble Apex Court P.Muralidharan & Ors Vs. Swami Dharmananda Theertha Padar & Ors1. 4. Recoding the submission made by learned Additional Government Pleader, this Writ Petition is closed. However, the petitioner is at liberty to approach the jurisdictional Magistrate for necessary relief in the light of the Judgment of the Hon’ble Apex 1 (2006) 4 SCC 501 4 Court in M.Subramaniam Vs. S.Janaki and another2. No order as to costs. Interlocutory applications, if any, pending shall stand closed. ______________________________ JUSTICE B.V.L.N. CHAKRAVARTHI Dated: 11.09.2025 PSA 2 2020 (16) SCC 728 5 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI WRIT PETITION NO: 44008 of 2018 Date: 11.09.2025 PSA