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2025 DAILYLAW 41307 (AP)

THUMMALA BABY v. The State of Andhra Pradesh

WP/30531/2025 · 2025-11-05

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010587952025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 30531/2025 Between: 1. THUMMALA BABY, W/O. BUCHAIAH, AGED 55 YEARS, OCC. CULTIVATION, R/O. KOTHAPALLI VILLAGE, BAPALAPADU MANDAL KRISHNA DISTRICT. 2. THUMMALA BUCHAIAH, S/O. GANGAIAH, AGED 65 YEARS, OCC. CULTIVATION, R/O. KOTHAPALLI VILLAGE, BAPALAPADU MANDAL, KRISHNA DISTRICT. 3. THUMMALA GANESH, S/O. BUCHAIAH, AGED 27 YEARS, OCC. MBBS, MD (DOCTOR-CUM-STUDENT), R/O. KOTHAPALLI VILLAGE, BAPALAPADU MANDAL, KRISHNA DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DIRECTOR GENERAL OF POLICE, GOVERNMENT OF ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT. 3. THE SUPERINTENDENT OF POLICE, NTR DISTRICT AT VIJAYAWADA, ERSTWHILE KRISHNA DISTRICT. 4. THE SUBDIVISIONAL POLICE OFFICER SDPO, MYLAVARAM, NTR DISTRICT, ERSTWHILE KRISHNA DISTRICT. 5. THE INSPECTOR OF POLICE THIRUVURU CIRCLE, AT THIRUVURU, NTR DISTRICT, ERSTWHILE KRISHNA DISTRICT. 6. THE STATION HOUSE OFFICER, VISSANNAPETA POLICE STATION NTR DISTRICT, ERSTWHILE KRISHNA DISTRICT. 7. NARRA MOHANA RAO, S/O. KRISHNAIAH, AGED 60 YEARS, OCC.CULTIVATION, R/O. KAMMATURU, VISSANNAPETA VILLAGE AND MANDAL, NTR DISTRICT, ERSTWHILE KRISHNA DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. PALA KARTHI KIRAN 2 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: “.... to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of Respondents, particularly Respondents 5 and 6, at the instance of 7th Respondent, in insisting the Petitioners not to undertake cultivation in their agricultural landed property admeasuring Ac. 1.25 Cents covered by Sy. No. 451-1 of Thatakuntia Revenue Village, Vissannapeta Mandal of NTR District, Erstwhile Krishna District, and further action of Respondents 5 and 6 in orally directing the Petitioners to handover their land to the 7 Respondent, as illegal, irregular, irrational, without any authority or sanction of law and violative of Articles 14, 21, 19-1(g) and 300-A of the Constitution of India and consequently direct the Respondents particularly Respondents 5 and 6 not to interfere in any manner with Petitioners possession over their said landed property” 2. Heard Sri P.Karthi Kiran, learned counsel for the petitioners and Sri Md.Farooq, learned Assistant Government Pleader for Home. 3. Learned Assistant Government Pleader for Home, on written instructions, would submit that based on complaint given by the respondent No.7, police have registered a case in Crime No.116 of 2025 of Visannapet Police Station, for the offences punishable under Sections 329(3), 118(1), 115(2) and 351(2) read with 3(5) of the BNS. During the course of investigation, the petitioners were called to the police station for the purpose of enquiry. 4. In that view, the Writ Petition is disposed of. However, the police are directed not to interfere in the civil disputes between the parties except under 3 due process of law and the police are further 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 VENKATA JYOTHIRMAI PRATAPA Date:06.11.2025 Asr 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.30531 of 2025 Dt.06.11.2025 Asr