APHC010941642018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 45501/2018 Between: 1. NAGALA KASULAMMA, W/O.CHITTIBABU, AGED 70 YEARS, OCC.HOUSE WIFE, R/O.DOOR NO.51-1-7, JAGANNADHAPURAM, KAKINADA, EAST GODAVARI DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPLE SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS AT VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE SUPERINTENDENT OF POLICE, VISAKHAPATNAM RURAL DISTRICT AT VISAKHAPATNAM, VISAKHAPATNAM DISTRICT, ANDHRA PRADESH. 3. THE STATION HOUSE OFFICER, ATCHUTAPURAM POLICE STATION, VISAKHAPATNAM DISTRICT, ANDHRA PRADESH. 4. THARAKESHWARA RAO, S/O. NOT KNOWN TO THE PETITIONER, AGED MAJOR, OCC. SUB-INSPECTOR OF POLICE, ATCHUTAPURAM POLICE STATION, VISAKHAPATNAM DISTRICT, ANDHRA PRADESH. 5. VIDISALA LAKSHMI, W/O. SOMUNAIDU, AGED 39 YEARS, OCC. HOUSE WIFE, R/O. CHODAPALLI VILLAGE, ATCHUTAPURAM MANDAL, VISAKHAPATNAM DISTRICT, ANDHRA PRADESH. 6. GANDIBOINA VENKATA APPA RAO, S/O. APPA RAO, AGED 32 YEARS, R/O. CHODAPALLI VILLAGE, ATCHUTAPURAM MANDAL, VISAKHAPATNAM DISTRICT, ANDHRA PRADESH. 7. DUNGA NAGESHWARA RAO, S/O. DURGAIAH, AGED 28 YEARS, R/O. CHODAPALLI VILLAGE, ATCHUTAPURAM MANDAL, VISAKHAPATNAM DISTRICT, ANDHRA PRADESH. 8. RAAVI VENKATESHWARA RAO, S/O. DEMUDU, AGED 37 YEARS, R/O. DOSURI VILLAGE, ATCHUTAPURAM MANDAL, VISAKHAPATNAM DISTRICT, ANDHRA PRADESH. 9. RAAVI VENKATASURYA NARAYANA, S/O. DEMUDU, AGED 35 2 YEARS, R/O. DOSURI VILLAGE, ATCHUTAPURAM MANDAL, VISAKHAPATNAM DISTRICT, ANDHRA PRADESH. ...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 a Writ or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd and the 4th respondents herein in interfering with the prop6rty of the petitioner as well as in civil dispute with regard to the land situated at Survey Number 8 of Atchutapuram Village and Mandal, Visakhapatnam District by supporting the respondents 5 to 9 herein and in confining the petitioner and her sons in the Police Station on 07.12.2018 further, construction of wall in the property of the petitioner with the help of the 4th respondent by the respondents 5 to 9 herein in his official capacity on 07.12.2018 while pending report of the petitioner dated 28.11.2018 against the respondents 5 to 9 herein for their trespass into the land as illegal, arbitrary, oppose to Article 14, 21 as well as oppose to Article 300-A of Constitution of India as well as abuse of power of Police, consequentially direct the respondents 3 and 4 herein not to interfere with the civil dispute which is the subject matter in EA.No.06 of 2011 in OS. No.113 of 2018 on the file of the Senior Civil Judge Court at Yelamanchili, Visakhapatnam District pending between the petitioner and the 6th respondent herein and to pass Counsel for the Petitioner: 1. S M SUBHAN Counsel for the Respondent(S): 1. GP FOR HOME (AP) The Court made the following: ORDER: This Writ Petition is filed by the Petitioner seeking indulgence of this Court under Article 226 of the Constitution of India for the following relief: “ .... to issue a Writ or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd and the 4th respondents herein in interfering with the prop6rty of the petitioner as well as in civil dispute with regard to the land situated at Survey Number 8 of Atchutapuram Village and Mandal, Visakhapatnam District by supporting the respondents 5 to 9 herein and in confining the petitioner and her sons in the Police Station on 07.12.2018 further, construction of wall in the property of the petitioner with the help of the 4th respondent by the respondents 5 to 9 herein 3 in his official capacity on 07.12.2018 while pending report of the petitioner dated 28.11.2018 against the respondents 5 to 9 herein for their trespass into the land as illegal, arbitrary, oppose to Article 14, 21 as well as oppose to Article 300-A of Constitution of India as well as abuse of power of Police, consequentially direct the respondents 3 and 4 herein not to interfere with the civil dispute which is the subject matter in EA.No.06 of 2011 in OS.No.113 of 2018 on the file of the Senior Civil Judge Court at Yelamanchili, Visakhapatnam District pending between the petitioner and the 6th respondent herein and to pass ...” 2. Learned Assistant Government Pleader for Home appearing for respondent Police on written instructions dated 24.12.2018, would submit that the subject matter is purely civil in nature and that the Police are not interfering in the civil disputes between the parties and prays that the Court may pass appropriate orders. 3. Learned counsel for the Petitioner would submit that recording the said submission, this Writ Petition may be disposed of. 4. In that view, this Writ Petition is disposed of directing the respondent police not to interfere in the civil disputes pending between the parties. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No. 45501 of 2018 24.07.2025 Mjl /*