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2025 DAILYLAW 40814 (AP)

KADARASU NARAYANAMMA v. THE STATE OF AP

WP/5257/2024 · 2025-12-15

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010097162024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 5257/2024 Between: 1. KADARASU NARAYANAMMA, D/O KADARASU SANYASI, AGED 62, R/O NARAYANA GAJAPATHLRAJUPURAM, GANDIGUNDAM, ANANDAPURAM MANDAL, VISAKHAPATNAM. 2. KADARASUSIMHACHALAM,, S/O KADARASU SANYASI, AGED 64, R/O D.NO.2-30, NARAYANA GAJAPATHLRAJUPURAM, GANDIGUNDAM, ANANDAPURAM MANDAL, VISAKHAPATNAM. 3. KADARASU KANNAYYA,, S/O KADARASU SANYASI, AGED 73, R/O D.NO.2-35, NARAYANA GAJAPATHLRAJUPURAM, GANDIGUNDAM, ANANDAPURAM MANDAL, VISAKHAPATNAM. 4. KADARASU SANYASI,, S/O KADARASUDEMUDU, AGED 68, R/O NARAYANA GAJAPATHLRAJUPURAM, GANDIGUNDAM,ANANDAPURAMMANDAL, VISAKHAPATNAM. ...PETITIONER(S) AND 1. THE STATE OF AP, REP, BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE SUPERINTENDENT OF POLICE, VISKHAPATNAM RURAL, VISAKHAPATNAM DISTRICT. 3. THE DEPUTY SUPERINTENDENT OF POLICE, BHEEMUNIPATNAM, VISAKHAPATANIM DISTRICT. 4. THE INSPECTOR OF POLICE, ANANDAPURAM POLICE STATION, VISAKHAPATNAM DISTRICT. 5. THE SUB INSPECTOR OF POLICE, ANANDAPURAM POLICE STATION, VISAKHAPATNAM DISTRICT 6. MAMIDILOVA SAI SADHANA, LAYOUT PLOT OWNERS ASSOCIATION, REPRESENTED BY ITS PRESIDENT , K.JANARDHANA RAO, S/O LATE KSR ANJANEYULU, AGED 50 YEARS, OFFICE AT 3-197, MAMIDILOVA , ANDAPURAM, VISAKHAPATNAM. R6 IS IMPLEADED AS PER THE COURT ORDER DT.29.04.2024 VIDE ORDERS PASSED IN I.A.NO.02 OF 2024. ...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 topleased to Writ of Mandamus, declaring the action of the respondents herein in orally summoning the petitioners to the police station and pressuring them to vacate the land admeasuring Ac 1.00 cents in Sy. No. 38/4, Ac 2.32 cents in Sy No. 38/5 of Mamidilova village, Anandapuram Mandal, Visakhapatnam District as illegal, highhanded, arbitrary, against Law and violative of principles of Natural Justice and consequently direct the respondents not to interfere with the civil disputes among the petitioners and third parties in respect of the aforementioned land and pass IA NO: 1 OF 2024 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 the respondents not to interfere with the civil disputes among the petitioners and third parties in respect of land admeasuring Ac 1.00 cents in Sy. No. 38/4, Ac 2.32 cents in Sy No. 38/5 of Mamidilova village, Anandapuram Mandal, Visakhapatnam District and pass IA NO: 2 OF 2024 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 Petitioner to implead him as a Party Respondent No 5 in WP 5257 of 2024 Writ Petition and Interlocutory Applications filed along with Writ Petition and pass Counsel for the Petitioner(S): 1. P VIVEK Counsel for the Respondent(S): 1. GP FOR HOME 2. S SRINIVASA RAO THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 5257/2024 The Court made the following Order: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents herein in orally summoning the petitioners to the police station and pressuring them to vacate the land admeasuring Ac 1.00 cents in Sy. No. 38/4, Ac 2.32 cents in Sy No. 38/5 of Mamidilova village, Anandapuram Mandal, Visakhapatnam District as illegal, highhanded, arbitrary, against Law and violative of principles of Natural Justice and consequently direct the respondents not to interfere with the civil disputes among the petitioners and third parties in respect of the aforementioned land and pass such other and further order or orders…” 2. Heard learned counsel for the petitioner and also Sri. Ajay Babu, learned Assistant Government Pleader for Home representing the respondent Nos.1 to 5. 3. The learned counsel for the petitioners would submit that the police are interfering with the civil disputes and are orally summoning the petitioners to the police station. 4. Sri. Ajay Babu, learned Assistant Government Pleader for Home, on written instructions, would submit that basing on the complaint made by one Guntu Mohana Rao, a case in Crime No.382 of 2022 was registered under Sections 341, 324, 323 IPC r/w. 34 IPC of Anandapuram Police Station, Visakhapatnam City. He would further submit that the police never interfered with the civil disputes as alleged by the petitioners. 5. Learned counsel for the petitioner submits that this Court may pass appropriate orders. 6. Recording the above submissions, the writ petition is disposed of. The petitioner is at liberty to work out his remedies before the appropriate forum in accordance with law. 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:16.12.2025 Ksj