APHC010413702022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 25464/2022 Between: 1. ACHANATA CHINNA JOGESHWARA RAO,, S/O.MUTTARAO (LATE), HINDU, MALE, AGE 46 YEARS, R/O. D.NO.31, NEAR PADMANABHA KALAYANAMADAPAM, ROWTHULAPUDI VILLAGE AND MANDAL, EAST GODAVARI DISTRICT, PRESENT KAKINADA DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, KAKINADA DISTRICT, KAKINADA. 3. SUBDIVISIONAL POLICE OFFICER, PEDDAPURAM SUB- DIVISION, PEDDAPURAM. 4. THE INSPECTOR OF POLICE/CIRCLE INSPECTOR, TUNI RURAL CIRCLE, TUNI, TUNI MANDAL, KAKINADA DISTRICT. 5. THE STATION HOUSE OFFICER, THONDANGI POLICE STATION, THONDANGI MANDAL, KAKINDA DISTRICT. 6. VIPPARTHI VEERA VENKATA SATHYANARAYANA MURTHY KONDABABU, S/O. SUBBARAO (LATE), HINDU, MALE, AGE 87 YEARS, RIO. D.NO.5-66A, V.V.NAGAR, STREENT NO.8/27, HABSIGUDA, HYDERABAD, TELENGANA. 7. VIPPARTHI GOPALA KRISHAN, S/O. SUBBARAO (LATE) HINDU, MALE, AGE 71 YEARS, RIO.D.NO.94-97, OPP. TOWN POLICE STATION, PADAGAYA ROAD, PITAHPURAM, KAKINADA DISTRICT. 8. VIPPARTHI SATHYA RAJESWARA RAO RAJESWARA RAO, S/O. SUBBARAO (LATE), HINDU, MALE, AGE 72 YEARS, R/O.D.NO.94-97, OPP. TOWN POLICE STATION, PADAGAYA ROAD, PITAHPURAM, KAKINADA DISTRICT. 9. VIPPARTHI UMADEVI, W/O PERRAJU (LATE), HINDU, FEMALE AGE 70 YEARS, R/O.D.NO.9-4-97, OPP. TOWN POLICE STATION, 2 PADAGAYA ROAD, PITAHPURAM, KAKINADA 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 issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents No.4 and 5 in interference of the civil disputes and threatening to dispossess the petitioner from his landed property an extent of Ac.5.30 cents out of 8 acres in Sy.No.78/2 Srungavruksham village, of Thondangi Mandal, East Godavari District at present Kakinda District, without following due process of law in spite of pendency of civil suit in O.S.NO.06 of 2020 on the file of the Additional district court at Pitapuram, East Godavari District at present Kakinada District as illegal, irregular, arbitrary violative of Criminal Procedure Code and also offends Articles 14, 21 and 300A of constitution of India and consequently direct the respondents nos. 4 and 5 not to dispossess the petitioner from his land in an extent of A.5.30 cents out of 8 acres in Sy.No.78/2 Srungavruksham village, of Thondangi Mandal, East Godavari District at present Kakinda District and pass Counsel for the Petitioner: 1. MANGENA SREE RAMA RAO Counsel for the Respondent(S): 1. GP FOR HOME 2. RAMA MURTY P V S A 3 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, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents 4 and 5 in interference of the civil disputes and threatening to dispossess the petitioner from his landed property an extent of Ac.5.30 cents out of 8 acres in Sy.No.78/2 Srungavruksham village, of Thondangi Mandal, East Godavari District at present Kakinda District, without following due process of law in spite of pendency of civil suit in O.S.No.06 of 2020 on the file of the Additional District Court at Pitapuram, East Godavari District at present Kakinada District as illegal, irregular, arbitrary violative of Criminal Procedure Code and also offends Articles 14, 21 and 300A of constitution of India and consequently direct the respondents nos. 4 and 5 not to dispossess the petitioner from his land in an extent of A.5.30 cents out of 8 acres in Sy.No.78/2 Srungavruksham village, of Thondangi Mandal, East Godavari District at present Kakinda District and pass ....” 2. Learned Assistant Government Pleader for Home appearing for respondent Police on instructions would submit that there are money transactions between the Petitioner and unofficial respondents and in that regard civil suit is also pending before the concerned Civil Court. Respondent Police did not receive any complaint from any of the parties herein and no crime is registered, Police never insisted for settling the civil disputes with the unofficial respondents and would submit that this writ petition may be disposed of by passing appropriate orders. 3. Learned counsel for the Petitioner would submit that recording the said submission, this Writ Petition may be disposed of. 4 4. In that view, this Writ Petition is disposed of. Petitioner is at liberty to work out the remedy before the concerned Civil Court where the suit is pending, according to law. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No. 25464 of 2022 18.11.2025 Mjl /*