Mummidi Durgabhavani v. The State of Andhra Pradesh
WP/47485/2018 · 2025-07-22
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 39726 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 39726 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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APHC010982732018
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 47485/2018 Between:
1. MUMMIDI DURGABHAVANI, D/O LATE MUMMIDI VENKATESWARARAO, AGED ABOUT 23YEARS, OCC. R/O D.NO.1- 7/2, MADHURANAGAR, NEAR BENNY CHURCH, KAKINADA, E.G.DT (AP). 2. MUMMIDI NAGABABU, S/O LATE MUMINIDI VENKATESWARARAO, AGED ABOUT 26 YEARS, OCC. UN EMPLOY, R/O D.NO.1-7/2, LVLADHURANAGAR, NEAR BENNY CHURCH, KAKINADA, E.G.DT (AP). ...PETITIONER(S) AND
1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRL. SECRETARY, HOME DEPARTMENT, GOVT. OF AP, SECRETARIAT BUILDING, VELAGAPUDI, AMRAVATI, GUNTUR DISTRICT. 2. THE DIST COLLECTOR, E.G.DT., KAKINADA (AP). 3. THE SUPERINDENT OR POLICE, E.G.DT., KAKINADA, E.G.DT., (AP). 4. THE STATION HOUSE OFFICER, II TOWN POLICE STATION, LAW AND ORDER, KAKINADA TOWN, KAKINADA, E.G.DT. (AP). 5. TIRUMALASETTI RAMAKRISHNA, S/O LATE TIRUMALASETTI VEERANNA, D.NO.1-22-5, SRIRAM NAGAR, SURYARAO PETA, KONDAYYAPALEM, KAKINADA, E.G.DT. (AP). 2
6. TIRUMALASETTI VEERABABU, S/O LATE TIRUMALASETTI SURYANARAYANA, D.NO.1-13-23, KONDAYYAPALEM ROAD, SURYARAO PETA, KAKINADA, E.G.DT. (AP). 7. TIRUMALASETTI GOPALAKRISHNA, S/O LATE TIRUMALASETTI SURYANARAYANA, D.NO.1- 13-23, KONDAYYAPALEM ROAD, SURYARAO PETA, KAKINADA, E.G.DT. (AP). 8. TIRUMALASETTI LAKSHMIKANT, S/O LATE TIRUMALASETTI MANDESWARARAO, D.NO.1-13-22, KONDAYYAPALEM ROAD, SURYARAO PETA, KAKINADA, E.G.DT. (AP). ...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 action of the respondent nos 2 and 3 for not taking any action is illegal and particularly action of the 4th respondent from interfering with the possession and enjoyment of petitioners respective sites by not allowing and obstructing to construct houses with collusion of the unofficial respondents in the site Admeasuring 77.24sq.yds., out of 304 sq.yds., and 94.80 sq.yds out of very same of the old house D.No.65-8-9in the name of Sri. Mummid Venkatareddi,. (who is the fathers brother of the petitioners), ward no.29, block no.65, Mehar Nagar, Kondayyapalem village, Kakinada Urban, Kakinada by daily calling and harassing the petitioners for not to construct and call to the Police Station is illegal since the matter related to civil dispute wherein the petitioners are not accused and to pass such other order or orders.
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 4th respondent not to interfere the construction activity of the petitioners site in 53.66sq.yds., out of 321.66 sq.yds., of old house D.No.65-8- 8/1A in the name of Sri. Mummid Venkatareddi, (Who is the father of the petitioner), ward no.29, block no.65, Mehar Nagar, Kondayyapalem village, Kakinada Urban, Kakinada and further unnecessarily calling and harassing the petitioner to the Police Station in the matter related to civil dispute wherein there is no complaint lodged or pending investigation against the petitioner
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pending disposal of the above writ petition and pass such other order or orders. Counsel for the Petitioner(S):
1. K V SESHAGIRI RAO Counsel for the Respondent(S):
1. GP FOR HOME (AP)
2. GP FOR REVENUE (AP) The Court made the following:
ORDER:
Heard learned counsel for the Petitioners and learned Assistant Government Pleader for Home, appearing for the respondents 1, 3 and 4.
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Learned counsel for the petitioners would submit that 4th respondent is interfering in the civil disputes between the petitioners and unofficial respondents by daily calling and harassing the petitioners. Learned counsel would further submit that a direction may be given to the respondent-police not to interfere in the civil disputes and not to call the petitioners, since the dispute between the parties is of civil in nature.
3. Learned Assistant Government Pleader for Home would submit that 4th respondent is not interfering in the civil disputes between the petitioners and unofficial respondents.
4. Considering the submissions made, the Writ Petition is disposed of, directing the 4th respondent-police not to interfere in the civil disputes between
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the petitioners and unofficial respondents. There shall be no order as to costs.
As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA
Date: 23.07.2025 ARR
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227 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
WRIT PETITION NO: 47485/2018
Dt.23.07.2025
ARR