Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 40544 (AP)

Smt. Cheepulla Satya Sri v. State of AP

WP/12515/2021 · 2025-10-28

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010214942021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 12515 OF 2021 Between: 1. Smt. Cheepulla Satya Sri, W/o Cheepulla Seetha Ram, aged about 38 years, Rio D.No.28-16-1/3, Suryabagh, Visakhapatnam City 2. Ch. Seetharam, S/o late Pentaiah, aged about 40 years, Lecturer in GITAM institute, Rio D.No. R/o D.No.28-16-1/3, Suryabagh, Visakhapatnam City ...Petitioners AND 1. State of AP, rep. by its Principal Secretary, Department of Home, Secretariat, Velagapudi, Amaravati, 2. The Commissioner of Police, Visakhapatnam City. 3. The Inspector of police, II Town PS, Dabagarden, Visakhpatnam City 4. Smt Ch Aswini Devi, D/o Ganagalla Dhanaraju, aged 35 years, R/o. D.No.20-120-7, Peda waltair, Visakhapatnam City 5. G Dhanaraju, S/o Swamy, aged 53 years, Head Constable, Narsipatnam Rural PS, Narsipatnam, R/o at D.No.20-120-7 Peda Waltair, Visakhapatnam City 6. Ch Tata Rao, S/o late Pada Pentaiah, aged 65 years, Business, R/o at D.No.30-9-17, Near Saraswathi Theatre, Dabagarden, Visakahpatnm City ...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 pleased to issue a writ in the nature of a writ of mandamus or any other appropriate writ, direction, order or orders declaring the action of the respondent No.3 herein in interfering in the petitioners property bearing D.No.28-16-1/3 admeasuring 86 sq.yards consist of one shop room situated at Ward No.27, Surya Bagh, Visakhapatnam City at the instance of the unofficial respondents 4 to 6 who are nothing to do with the property and called the petitioners to the police station, despite the unofficial respondents 4 to 6 who are accused in Crime No.613 of 2020 dt.04-10-2020 for offence under sec. 323, 324, 506 r/w u/sec.34 of IPC as wholly arbitrary, illegal, without jurisdiction and void and violated the principles of natural justice and affected the petitioners rights guaranteed under article 14, 19(1)(g), 21 and 300(A) of the Constitution of India and consequently, direct the official respondents 2 and 3 herein not to interfere in the petitioners property bearing D.No.28-16-1/3 admeasuring 86 sq.yards in Ward No.27 situated at Suryabagh, Visakhaptnam City at the instance of the unofficial respondents NO.4 to 6 herein who have nothing to do with the property and pass IA NO: 1 OF 2021 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 pleased to direct respondents 2 and 3 herein not to interfere in the petitioners property in respect of shop room bearing Door No.28-16-1/3 admeasuring 86 sq.yards, Ward No.27 situated at Suryabagh, Visakhapatnam City at the instance of the unofficial respondents 4 to 6 herein who have nothing to do with the subject property pending disposal of the writ petition and pass Counsel for the Petitioners: V ESWARAIAH CHOWDARY Counsel for the Respondents: KILARU NITHIN KRISHNA Counsel for the Respondents:GP FOR HOME THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 12515 OF 2021 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…….pleased to issue a writ in the nature of a writ of mandamus or any other appropriate writ, direction, order or orders declaring the action of the respondent No.3 herein in interfering in the petitioners property bearing D.No.28-16-1/3 admeasuring 86 sq.yards consist of one shop room situated at Ward No.27, Surya Bagh, Visakhapatnam City at the instance of the unofficial respondents 4 to 6 who are nothing to do with the property and called the petitioners to the police station, despite the unofficial respondents 4 to 6 who are accused in Crime No.613 of 2020 dt.04-10-2020 for offence under sec. 323, 324, 506 r/w u/sec.34 of IPC as wholly arbitrary, illegal, without jurisdiction and void and violated the principles of natural justice and affected the petitioners rights guaranteed under article 14, 19(1)(g), 21 and 300(A) of the Constitution of India and consequently, direct the official respondents 2 and 3 herein not to interfere in the petitioners property bearing D.No.28-16-1/3 admeasuring 86 sq.yards in Ward No.27 situated at Suryabagh, Visakhaptnam City at the instance of the unofficial respondents NO.4 to 6 herein who have nothing to do with the property and pass….” 2. None represented for the petitioners. 3. Sri V. Farooq, learned Assistant Government Pleader for Home, would submit that criminal cases have been registered against the petitioners, vide Cr.No.613 of 2020 for the offences punishable under Sections 324, 323, and 506 read with 34 IPC; Cr.No.109 of 2021 for the offences punishable under Sections 324, 323, and 506 read with 34 IPC based on the complaint of respondent No.6 herein; and Cr.No.287 of 2021 for the offences punishable under Sections 458, 354, 323, 324, and 506 read with 34 IPC at II Town Police Station, Visakhapatnam City, based on the complaint of respondent No.4 herein. 4. Recording the same, the writ petition is disposed of. However, police are directed to follow due process of law regarding the crime which is registered against the petitioners. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any pending, shall stand closed. _________________________________________________ Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Date: 29.10.2025 KKV HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA 78 WRIT PETITION NO:12515 OF 2021 Date: 29.10.2025 KKV HIGH COURT OF ANDHRA PRADESH:: AMARAVATI MAIN CASE NO.: W.P.No.12515 of 2021 PROCEEDING SHEET Sl. No. Date ORDER OFFICE NOTE 1 29.10.2025 Dr.VJP,J The Writ Petition is disposed of. (Vide separate order) ________ Dr.VJP, J KKV