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2025 DAILYLAW 40969 (AP)

Pinisetti Venkata Krishnamma Dora, v. The State of Andhra Pradesh

WP/29593/2025 · 2025-10-30

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010566522025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE THIRTY FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 29593/2025 Between: 1. PINISETTI VENKATA KRISHNAMMA DORA,, S/O LATE SAMUDRAM, AGE- 53 YEARS, OCC- AGRICULTURE, R/O RELLI GAVIRANMAPETA VILLAGE, L. KOTA MANDAL, VIZIANAGARAM DISTRICT. 2. VISWANADHA CHANDRAMMA, , W/O APPALA KONDA, AGE- 64 YEARS, OCC- BUSINESS, R/O RELLI GAVIRANMAPETA VILLAGE, L. KOTA MANDAL, VIZIANAGARAM DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, , REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI AT AMARAVATHI, GUNTUR DISTRICT. 2. THE DEPUTY INSPECTOR GENERAL OF POLICE, VISAKHAPATNAM, A.P. 3. THE SUPERINTENDENT OF POLICE, , VIZIANAGARAM DISTRICT, VIZIANAGARAM.. 4. THE INSPECTOR OF POLICE, , L. KOTA POLICE STATION, VIZIANAGARAM DISTRICT. 5. THE SUBINSPECTOR OF POLICE, , L-KOTA POLICE STATION, VIZIANAGARAM DISTRICT. 6. L APPALANAIDU, , THE INSPECTOR OF POLICE, L. KOTA POLICE STATION, VIZIANAGARAM DISTRICT. 7. CH NAVEEN PADALA, SUB-INSPECTOR OF POLICE, L-KOTA POLICE STATION, VIZIANAGARAM DISTRICT. 8. GEDELA APPANNA DORA, S/O LATE GURUMURTHY, AGED ABOUT 60 YEARS, RESIDENT OF RELLI GAVIRAMMAPETA VILLAGE, L. KOTA MANDAL, VIZIANAGARAM DISTRICT. 9. GEDELA VENKATA SURYA RAMU, S/O LATE GURU MURTHY, AGED 44 YEARS, RESIDENT OF RELLI GAVIRAMMAPETA VILLAGE, L. KOTA MANDAL, VIZIANAGARAM DISTRICT. ...RESPONDENT(S): 2 Counsel for the Petitioner(S): 1. P DURGA PRASAD Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “.... a Writ of Mandamus declaring the action of the Respondent Nos.4 to 7 herein in interfering in the civil dispute pertaining to the Subject Property i.e. the land to an extent of Ac.0.30 cents in Sy. No. 36/4C situated at Jammadevipeta Village, L.Kota Mandal, Vizianagaram District at behest of the Respondent Nos.8 and 9 without any authority or jurisdiction as illegal, arbitrary, unreasonable, without jurisdiction, violative of Articles 14 and 21 of the Constitution of India and violative of Principles of Natural Justice and consequently direct the official respondents not take the law into their own hands by demolishing structures, dispossessing the Petitioners, or facilitating any construction pertaining to the Subject Property i.e. the land to an extent of Ac.0.30 cents in Sy. No. 36/4C situated at Jammadevipeta Village, L.Kota Mandal, Vizianagaram District without due process of law.” 2. Heard Sri P.Durga Prasad, learned counsel for the Petitioners and Sri V.Farooq, learned Assistant Government Pleader for Home. 3. Learned counsel for the Petitioners would submit that the Police are trying to demolish the structures and dispossess the Petitioners from the subject property. 4. Learned Assistant Government Pleader, on written instructions, would submit that, there are case and counter cases in Crime Nos.93 and 94 of 2025 on the file of L.Kota Police Station, registered against both parties for the offences under Sections 329(2), 324(4), 115(2) and 79 read with3(5) of BNS and Sections 329(3), 316(2), 115(2) and 351(3) read with 3(5) of BNS 3 respectively. It is further submitted that the Police are not interfering in the civil disputes between the parties. 5. Considering the submissions, the Writ Petition is disposed of. However, Police are directed to follow due process of law regarding Crime Nos.93 and 94 of 2025 of L.Kota Police Station, Vizianagaram Distric. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:31.10.2025 Dinesh 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.29593 of 2025 Dt.31.10.2025 Dinesh