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2025 DAILYLAW 40831 (AP)

SHAIK KHADER BASHA v. THE STATE OF AP

WP/26207/2024 · 2025-12-19

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010504442024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] SATURDAY,THE TWENTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 26207/2024 Between: 1. SHAIK KHADER BASHA, S/O. LATE. S. HASAN SAHEB, AGED ABOUT 63 YEARS, OCC. CULTIVATION, R/O. MADANAPALLE VILLAGE, PTM MANDAL, ANNAMAYYA DISTRICT. 2. SHAIK MODEEN BASHA,, S/O. LATE. S. HASAN SAHEB AGED ABOUT 53 YEARS, OCC. CULTIVATION, R/O. MADANAPALLE VILLAGE, PTM MANDAL, ANNAMAYYA DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPLE SECRETARY, HOME DEPARTMENT,A.P. SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, RAYACHOTY, ANNAMAYYA DISTRICT. 3. THE DEPUTY SUPERINTENDENT OF POLICE, MADANAPALLE, ANNAMAYYA DISTRICT. 4. THE CIRCLE INSPECTOR OF POLICE, MULAKALACHERUVU CIRCLE, ANNAMAYYA DISTRICT. 5. THE STATION HOUSE OFFICER, PTM POLICE STATION, ANNAMAYYA DISTRICT. 6. K SWAYAM PRAKASH, S/O. K. VENKAT REDDY, AGED ABOUT 53 YEARS, OCC. CULTIVATION, R/O. MADDAIAHGARIPALLE, PTM MANDAL, ANNAMAYYA DISTRICT. 7. K RAMALAKSHMI, W/O. LATE. K. PREM KUMAR, AGED ABOUT 2 53 YEARS, OCC. CULTIVATION, R/O. MADDAIAHGARIPALLE, PTM MANDAL, ANNAMAYYA DISTRICT. 8. K PRATHAP REDDY, S/O. LATE. K. PREM KUMAR AGED ABOUT 24 YEARS, OCC. CULTIVATION, R/O. MADDAIAHGARIPALLE, PTM MANDAL, ANNAMAYYA DISTRICT. 9. K LATHA, D/O. LATE. K. PREM KUMAR, AGED ABOUT 21 YEARS, OCC. CULTIVATION, R/O. MADDAIAHGARIPALLE, PTM MANDAL, ANNAMAYYA 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 3 to 5 are interfering in land dispute/civil dispute between the petitioners and Unofficial Respondents and their henchmen in connection with the agricultural lands admeasuring in Sy.No.319/2B to an extent of Ac.1.05 cents and Sy.No.319/2D to an extent of Ac.1.00 cents out of Ac.22.40 cents of Maddaiahgaripalle Village, PTM Mandal, Annamayya District (erstwhile Chittoor District) is illegal, arbitrary, unconstitutional and violative of article 14 and 21 of The Constitution of India and consequently direct the Respondents No.3 to 5 not to interfere in lands dispute/civil dispute between the petitioners and Unofficial Respondents and their henchmen in connection with the agricultural lands admeasuring in Sy.No. 319/2B to an extent of Ac.1.05 cents and Sy.No.319/2D to an extent of Ac.1.00 cents out of Ac.22.40 cents of Maddaiahgaripalle Village, PTM Mandal, Annamayya District (erstwhile Chittoor District) and to pass Counsel for the Petitioner(S): 1. SHAIK MEERAVALI Counsel for the Respondent(S): 1. GP FOR HOME 2. N PRAMOD 3 The Court made the following: ORDER: This Writ Petition under Article 226 of the Constitution of India, has been filed, by the Petitioners 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 3 to 5 are interfering in land dispute/civil dispute between the petitioners and Unofficial Respondents and their henchmen in connection with the agricultural lands admeasuring in Sy.No.319/2B to an extent of Ac.1.05 cents and Sy.No.319/2D to an extent of Ac.1.00 cents out of Ac.22.40 cents of Maddaiahgaripalle Village, PTM Mandal, Annamayya District (erstwhile Chittoor District) is illegal, arbitrary, unconstitutional and violative of article 14 and 21 of The Constitution of India and consequently direct the Respondents No.3 to 5 not to interfere in lands dispute/civil dispute between the petitioners and Unofficial Respondents and their henchmen in connection with the agricultural lands admeasuring in Sy.No. 319/2B to an extent of Ac.1.05 cents and Sy.No.319/2D to an extent of Ac.1.00 cents out of Ac.22.40 cents of Maddaiahgaripalle Village, PTM Mandal, Annamayya District (erstwhile Chittoor District) and to pass ...” Heard learned counsel for the Petitioners and Learned Assistant Government Pleader for Home representing for respondent State. Perused the material on record. Learned counsel for the Petitioners would submit that respondent Police are interfering in the civil disputes pending between the Petitioners and the unofficial respondents in connection with the subject agricultural lands situated at Maddaiahgaripalle village, PTM Mandal, Annamayya District and civil suit is pending before the concerned civil court in this regard. Learned Assistant Government Pleader on instructions would submit that the unofficial respondents did not approach the Police with regard to the subject matter and respondent police never interfered in the civil disputes pending 4 between the parties. Learned Assistant Government Pleader requested to dispose of the Writ Petition by passing appropriate orders. Recording the submissions made, this Writ Petition is disposed of. Respondent Police are directed not to interfere in the civil disputes between the parties except under due process of law. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 20.12.2025 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No. 26207 of 2024 20.12.2025 Mjl /*