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2025 DAILYLAW 40811 (AP)

MUDE BALA NAYAK v. THE STATE OF AP

WP/1459/2024 · 2025-12-04

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010022902024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 1459/2024 Between: 1. MUDE BALA NAYAK, S/O. LAI NAIK, AGED ABOUT 41 YEARS, R/O ONTIGUDISE THANDA, D. VANIPENTA VILLAGE PANCHAYAT, CHAGALAMARRI MANDAL, NANDYAL DISTRICT, ANDHRA PRADESH ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH STATE. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH STATE. 3. THE SUPERINTENDENT OF POLICE, NANDYAL DISTRICT AT NANDYAL, ANDHRA PRADESH STATE. 4. THE DISTRICT COLLECTOR, NANDYAL DISTRICT AT KURNOOL, AP. 5. THE CIRCLE INSPECTOR OF POLICE, ALLAGADDA RURAL POLICE, NANDYAL DISTRICT, A.P. 6. THE STATION HOUSE OFFICER, CHAGALAMARRI POLICE STATION, NANDYAL DISTRICT, ANDHRA PRADESH STATE. 7. THE TAHSILDAR, CHAGALAMARRI MANDAL, NANDYAL 2 DISTRICT, ANDHRA PRADESH STATE. 8. UMMADIBOYINA VENKATA SUBRAMANYAM, S/O NAGESWARA RAO, AGED 35 YEARS, R/O MUTHYALAPADU VILLAGE. CHAGALAMARRI MANDAL, NANDYAL DISTRICT, ANDHRA PRADESH STATE. 9. UMMADIBOYINA VENKATESWARLU, S/O NAGESWARA RAO, AGED 32 YEARS, R/O MUTHYALAPADU VILLAGE, CHAGALAMARRI MANDAL, NANDYAL DISTRICT, ANDHRA PRADESH STATE. 10. UMMADIBOYINA VENKATA SUBBAIAH, S/O NAGESWARA RAO, R/O MUTHYALAPADU VILLAGE, CHAGALAMARRI MANDAL, NANDYAL DISTRICT, ANDHRA PRADESH STATE ...RESPONDENT(S): Counsel for the Petitioner: 1. RAVULA NAGARJUNA Counsel for the Respondent(S): 1. GP FOR HOME (AP) 2. GP FOR REVENUE 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 1459 of 2024 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: “…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. 6 and 7 in pressurizing the petitioner to handover the property to the unofficial Respondents Nos. 8 to 10 as arbitrary, illegal, unwarranted and violation of Article 14, 21 and 300-A of the Constitution of India and consequentially direct the Respondent Nos. 6 and 7 not to harass the petitioner and not to interfere with the peaceful possession of the petitioner’s land in Sy No. 1422/lB Pyki Ex Ac 1.70 Cents Situated in Muthyalapadu Village, Chagalamarri Mandal, Nandyal District.…” 2. Heard Sri R.Nagarjuna, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioner would submit that the respondent- police are interfering with the civil disputes between the petitioner and the unofficial respondents and pressurizing the petitioner to hand over the property to the unofficial respondents. 4. Learned Assistant Government Pleader for Home, on written instructions, would submit that basing on the report of the respondent No.8, a case was registered in Cr.No.134 of 2023 under Sections 434 & 506 r/w 34 of IPC of Chagalamarri P.S., dated 09.10.2023 against the petitioner and others. 4 He would further submit that except registration of the above crime, the police never interfered in the civil disputes between the parties. 5. Recording the same, this Writ Petition is disposed of. However, the police are directed to follow due process of law regarding the crime which was registered against the petitioner. 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: 05.12.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.1459 of 2024 Dated.05.12.2025 UPS 301